Appellate Division: Second Judicial Department
M35220
Y/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
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2005-11927 Robert Adelman, respondent, v Eliana Rackis, defendant, Linda Rackis, appellant. (Index No. 11851/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated July 7, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the trial of the above-entitled action is stayed pending hearing and determination of the appeal.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35253
T/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
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2006-00072, 2006-00074 Chase Mortgage Bank, N.A., plaintiff-respondent, v Kenneth Carnesi, et al., defendants-respondents, John Mitchell, etc., defendant-appellant. (Index No. 6881/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, dated November 22, 2005, and December 22, 2005, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35240
S/sl
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2005-07302
Marcia Goldstein, etc., respondent, v Sandra Diamond Tucker, a/k/a Sandra Tucker, etc., et al., defendants, State Street Bank and Trust Company, appellant-respondent; Bank of America, NA, respondent-appellant. (Index No. 31520/02)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated January 19, 2006, in the above-entitled case is recalled and vacated and the following order on application is substituted therefor:
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 25, 2005, and cross application by the respondent-appellant for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until March 24, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35211
S/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-04554
Georgia Kramer, appellant, v Hall Dickler, LLP, f/k/a Hall, Dickler, Kent, Goldstein & Wood, LLP, respondent. (Index No. 09175/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 16, 2005, in the above-entitled case is amended by deleting from the second decretal paragraph thereof the date "February 14, 2005,"and substituting therefor the date "February 14, 2006".
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35270
S/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
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2005-04979 Rockhill Development Corp., respondent, v CDIAX Montauk Realty, Inc., et al., appellants. (Index No. 7465/03)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated March 11, 2005. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this court and the prior orders of this court; and it is further,
ORDERED that the stay granted by decision and order on motion of this court dated June 21, 2005, is vacated forthwith.
H. MILLER, J.P., SCHMIDT, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35228
S/sl
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2005-07277
State Farm Mutual Automobile Insurance Company, appellant, v Barbara Antoine, et al., respondents. (Index No. 8250/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 20, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35238
S/sl
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2005-07141
Theodprephier Thomas, etc., respondent, v Horace Samuel, appellant. (Index No. 23157/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 17, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35219
M/nal
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2005-05873 In the Matter of Starkia M. B. (Anonymous), appellant. (Docket No. D-571-05)
| SCHEDULING ORDER |
Appeal by Starkia M. B. from an order of the Family Court, Orange County, dated May 25, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2006. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35237
M/nal
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2005-09226 In the Matter of Dina Bruemmer, appellant, v Suffolk County Department of Social Services, respondent. (Docket No. V-6899-05)
| SCHEDULING ORDER |
Appeal by Dina Bruemmer from an order of the Family Court, Suffolk County, dated September 20, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 17, 2006. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35216
M/nal
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2005-05688 In the Matter of Lorece Cobourne, respondent-appellant, v Naphtalie James, appellant-respondent. (Docket No. V-17323-01)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Supreme Court , Queens County, dated May 23, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant-respondent's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant-respondent's brief on the appeal is enlarged until February 24, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35232
M/nal
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2005-07631 In the Matter of Felix D. (Anonymous), appellant. (Docket No. D-06281-04)
| SCHEDULING ORDER |
Appeal by Felix D. from an order of the Family Court, Kings County, dated July 27, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 18, 2006. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35224
M/nal
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2005-05011 In the Matter of Tiffany D. (Anonymous), appellant. (Docket No. D-6478-04)
| SCHEDULING ORDER |
Appeal by Tiffany D. from an order of the Family Court, Kings County, dated May 20, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 19, 2006. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35231
M/nal
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2005-03174, 2005-08541 In the Matter of Evan F. (Anonymous). Orange County Department of Social Services, respondent; George F. (Anonymous), appellant. (Docket No. N-5416-04)
| SCHEDULING ORDER |
Appeals by George F. from two orders of the Family Court, Orange County, dated February 22, 2005, and July 15, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 22, 2005, and the law guardian's brief was served and filed on December 21, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until February 21, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35229
M/nal
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2004-04526 In the Matter of Robert L. Farina, respondent, v Jenny McKevitt, appellant. (Docket No. V-02147-01)
| SCHEDULING ORDER |
Appeal by Jenny McKevitt from an order of the Family Court, Nassau County, dated May 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 3, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until February 17, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35193
M/nal
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
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2005-03691 In the Matter of Otis Harrell, appellant, v Alice Treadwell, respondent. (Docket No. V-4321-01)
| SCHEDULING ORDER |
Appeal by Otis Harrell from an order of the Family Court, Suffolk County, entered March 15, 2005. The appellant's brief was served and filed on November 18, 2005, and the law guardian's brief was served and filed on January 11, 2006. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until February 6, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35234
M/nal
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2005-10751
In the Matter of Joseph Harris, respondent, v Tasya Lynch, appellant. (Docket No. V-03349-01)
| ORDER TO SHOW CAUSE |
Appeal by Tasya Lynch from an order of the Family Court, Suffolk County, dated October 21, 2005. By scheduling order dated November 21, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated November 21, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 9, 2006; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35233
M/nal
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2005-10485
In the Matter of William L. Harris, appellant, v Suffolk County Department of Social Services, o/b/o Patricia Gibbs, respondent. (Docket No. F-08924-05)
| ORDER TO SHOW CAUSE |
Appeal by William L. Harris from an order of the Family Court, Suffolk County, dated August 19, 2005. By scheduling order dated December 12, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated December 12, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 9, 2006; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35227
S/sl
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2005-07811
In the Matter of Robert Lewis, appellant, v State University of New York Downstate Medical Center, etc., et al., respondents. (Index No. 2046/05)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 7, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35235
M/nal
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2005-09790 In the Matter of Anthony C. Luther, appellant, v Laura L. Luther, respondent. (Docket No. F-04552-05)
| SCHEDULING ORDER |
Appeal by Anthony C. Luther from an order of the Family Court, Suffolk County, dated September 14, 2005. By decision and order on motion of this court dated January 13, 2006, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35194
M/nal
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
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2005-04654 In the Matter of Nathalie N. (Anonymous), respondent, v Jerome W. (Anonymous), appellant. (Docket Nos. P-33117-04, P-33118-04)
| SCHEDULING ORDER |
Appeal by Jerome W. from an order of the Family Court, Kings County, dated March 30, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 6, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardians to serve and file their briefs on the appeal is enlarged until February 6, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35278
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2003-03898 In the Matter of Stephen L. O'Brien, respondent, v Eliot Spitzer, etc., appellant. (Index No. 28900-02)
| DECISION & ORDER ON MOTION |
Motion by Eliot Spitzer for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) from an opinion and order of this court dated October 17, 2005, which affirmed a judgment of the Supreme Court, Suffolk County, dated April 17, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the opinion and order of this court dated October 17, 2005, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35217
M/nal
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2005-05012 In the Matter of Anthony Gus Matthew Perez, appellant, v Eva Marie Montanez, respondent. (Docket Nos. V-20652-01, V-20653-01, V-24740-01, V-24741-01)
| SCHEDULING ORDER |
Appeal by Anthony Gus Matthew Perez from an order of the Family Court, Kings County, dated May 16, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2006. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35191
A/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
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2005-10765 In the Matter of Police Commissioner of City of New York, etc., appellant, v Victor Wilson, respondent. (Index No. 5920/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated November 30, 2005, which dismissed an appeal from an order of the Supreme Court, Kings County, dated September 16, 2005, on the ground that it was not appealable as of right or by permission.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the decision and order on motion of this court dated November 30, 2005, in the above-entitled action, is recalled and vacated, and the appeal is reinstated.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35221
M/nal
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2005-04029 In the Matter of Cathleen Strand-O'Shea, appellant, v John C. O'Shea, respondent. (Docket No. V-13233-02)
| SCHEDULING ORDER |
Appeal by Cathleen Strand-O'Shea from an order of the Family Court, Suffolk County, entered March 15, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2006. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35230
M/nal
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2005-09678 In the Matter of Jonathan T. (Anonymous), appellant. (Docket No. D-17888-05)
| SCHEDULING ORDER |
Appeal by Jonathan T. from an order of the Family Court, Kings County, dated September 19, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 20, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35261
S/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
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2005-11696
In the Matter of TC Contracting, Inc., petitioner- respondent, v 72-02 Northern Blvd. Realty Corp., appellant, Soil Solutions, Inc., respondent- respondent. (Index No. 26291/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant to enlarge its time to comply with a decision and order on motion of this court dated January 13, 2006, which directed it to post an undertaking on or before January 23, 2006.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the decision and order on motion of this court dated January 13, 2006, is amended by deleting from the first and second decretal paragraphs thereof the date "January 23, 2006," and substituting therefor the date "January 31, 2006".
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35222
M/nal
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2005-08282 In the Matter of Marjorie Teller, respondent, v Grover Tubbs, appellant. (Docket No. F-04148-96)
| SCHEDULING ORDER |
Appeal by Grover Tubbs from an order of the Family Court, Orange County, dated July 14, 2005. By decision and order on motion of this court dated January 6, 2006, the following attorney was assigned as counsel on the appeal:
Tracey Steeves, Esq.
185 Fair Street
Kingston, New York 12401
(845) 336-5946
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 6, 2006, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35218
M/nal
|
2005-03051 In the Matter of Alice Treadwell, respondent, v Keith Treadwell, Sr., appellant. (Docket No. V-3137/95)
| SCHEDULING ORDER |
Appeal by Keith Treadwell, Sr., from an order of the Family Court, Suffolk County, entered March 15, 2005. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2006. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35223
M/nal
|
2005-10124 In the Matter of Anne Verret, appellant, v Garry Verret, respondent. (Docket Nos. V-11980-02, V-11981-02, V-21512-02, V-21513-02)
| SCHEDULING ORDER |
Appeal by Anne Verret from an order of the Family Court, Kings County, dated September 21, 2005. By decision and order on motion of this court dated January 12, 2006, the following attorney was assigned as counsel on the appeal:
Francine Shraga, Esq.
869 East 12th Street
Brooklyn, New York 11230
(718) 377-4894
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 12, 2006, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date
Appellate Division: Second Judicial Department
M35213
M/nal
|
2005-08493 In the Matter of Dolly M. Vignola, appellant, v Ralph Vignola, respondent. (Docket No. F-01063-00)
| SCHEDULING ORDER |
Appeal by Dolly M. Vignola from an order of the Family Court, Suffolk County, dated July 20, 2005. By decision and order on motion of this court dated January 20, 2006, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35225
M/nal
|
2005-08671
In the Matter of Kaitlin W. (Anonymous). Suffolk County Department of Social Services, respondent; Jose Dario M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Andrew S. (Anonymous). Suffolk County Department of Social Services, respondent; Jose Dario M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-2342-05, N-2343-05)
| ORDER TO SHOW CAUSE |
Appeal by Jose Dario M. from an order of the Family Court, Suffolk County, dated August 8, 2005. By decision and order on motion of this court dated December 16, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before January 15, 2006. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 9, 2006; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35284
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2004-04450 In the Matter of Kurt Westenberger, appellant, v Rosalie Westenberger, respondent. (Proceeding Nos. 1 and 2) (Docket Nos. F-2673/01, F-2837/01) In the Matter of Rosalie Westenberger, respondent, v Kurt Westenberger, appellant. (Proceeding Nos. 3 and 4) (Docket Nos. F-2837/01/02A, F-2837-01/02B)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 21, 2005, which determined an appeal from an order of the Family Court, Nassau County, dated April 14, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., LUCIANO, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35246
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-11319
The People, etc., respondent, v Frank DeSalvo, appellant. (Ind. No. 1692-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 17, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 5024
Ulster Corr. Fac.
P.O. Box 800
Napanoch, New York 12582-0010
Appellate Division: Second Judicial Department
M35215
E/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2002-07572 The People, etc., respondent, v Aly Dominique, appellant. (Ind. No. 2825N/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered July 23, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 16, 2006, and the respondent's brief must be served and filed on or before that date.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35244
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2003-06144 The People, etc., respondent, v Duane Fagan, appellant. (Ind. No. 6033/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 5, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ADAMS, J.P., RITTER, SANTUCCI, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 6051
Mt. McGregor Corr. Fac.
Box 2071
Wilton, New York 12831
Appellate Division: Second Judicial Department
M35242
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-11331, 2005-11332 The People, etc., respondent, v Abraham Lincoln, appellant. (Ind. Nos. 2917-04, 130-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two judgments of the County Court, Suffolk County, both rendered November 21, 2005, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) whether counsel was assigned counsel or retained counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
ADAMS, J.P., RITTER, SANTUCCI, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35264
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2002-08508
The People, etc., respondent, v Louis Marin, appellant. (Ind. No. 3720/88)
| DECISION & ORDER ON MOTION |
Motion by Lynn W. L. Fahey, Esq., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 10, 2002, inter alia, in effect, to be relieved of the assignment on the ground that the appellant has abandoned the appeal. By decision and order on motion dated July 25, 2005, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim.
Upon the papers filed in support of assigned counsel's motion and no papers having been filed in opposition thereto or in response to the order show cause, it is
ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,
ORDERED that the motion by assigned counsel is denied as academic.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M35257
F/
HOWARD MILLER, J.
|
2006-00219 The People, etc., plaintiff, v Steven Nowicki, defendant. (Ind. No. 99-00009)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, entered November 28, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
HOWARD MILLER
Associate Justice
Appellate Division : Second Judicial Department
M35239
F/
WILLIAM F. MASTRO, J.
|
2005-11853 The People, etc., plaintiff, v Richard Paul, defendant. (Ind. No. 86-00121)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated November 30, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M35243
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-09991 The People, etc., respondent, v Jose Rodriguez, appellant. (Ind. No. 1170/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered September 20, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) whether counsel was assigned counsel or retained counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
ADAMS, J.P., RITTER, SANTUCCI, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35245
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2004-04143 The People, etc., respondent, v Joseph Russell, appellant. (Ind. No. 2741/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 3, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ADAMS, J.P., RITTER, SANTUCCI, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 2657
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M35241
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-11438 The People, etc., plaintiff, v Lazaro Santos, defendant. (Ind. No. 1411/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered September 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied (see CPL 460.30 [1]).
ADAMS, J.P., RITTER, SANTUCCI, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34980
F/
ROBERT A. SPOLZINO, J.
|
2005-08880 The People, etc., plaintiff, v Panagiot Souris, a/k/a Panagiotis (Peter) Souris, defendant. (Ind. No. 01-01418)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated August 29, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M35209
J/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2004-08792 The People, etc., ex rel. Kelvin Subgidio, petitioner, v Kenneth Perlman, etc., respondent.
| DECISION & ORDER ON MOTION |
Application for a writ of habeas corpus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated October 28, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated October 28, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court