Appellate Division: Second Judicial Department
M35273
CF/
|
2005-11220 Abdul Aboulessan, appellant, v Mohammad Aboulessan, respondent. (Index No. 42040/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 29, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35322
S/sl
|
2005-05765
Roseanne J. Agnello, respondent, v James J. Agnello, appellant. (Index No. 1791/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 19, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 24, 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
M35256
CF/
|
2005-04192 Ardshiel, Inc., appellant, v Curtis Instruments, Inc., et al., respondents. (Index No. 11372/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated March 17, 2005.
Upon the stipulation of the parties, dated January 10, 2006, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35108
T/sl
THOMAS A. ADAMS, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-02088 Ethel Bennett, et al., appellants, v Kenneth Robinson, et al., respondents. (Index No. 28592-01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2005, for failure to perfect the same in accordance with the CPLR and the rules of this court, or, in the alternative, for an order directing the appellant to serve and file a supplemental record on appeal which complies with the CPLR and the rules of this court, and to enlarge their time to serve and file a brief, and cross motion by the appellants for leave to serve and file a supplemental record.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, and on or before February 15, 2006, the appellant shall serve and file a supplemental record containing the material omitted from the record on appeal (see CPLR 5526), including copies of the complaint, the answer, the defendant's motion and reply papers, the plaintiff's opposition papers, and legible copies of the transcript reproduced on pages 90-98 of the record; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondents' time to serve and file a brief is enlarged until March 15, 2006, and the respondents' brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35297
T/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-06598, 2005-06600 Came Realty, LLC, respondent-appellant, v Canadian Imperial Bank of Commerce, appellant-respondent. (Index No. 7914/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to enlarge the record on appeals and cross appeals from a decision of the Supreme Court, Rockland County, dated June 7, 2005, and a judgment of the same court dated June 14, 2005. Separate application by the appellant-respondent to enlarge its time to perfect the appeals.
Upon the papers filed in support of the motion and the application and the papers filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal from the decision dated June 7, 2005, is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal from the judgment dated June 14, 2005 is enlarged until March 3, 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, on or before April 17, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the appellant-respondent shall serve and file its reply brief on or before May 5, 2006; and it is further,
ORDERED that the respondent-appellant shall serve and file its reply brief on or before May 25, 2006.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35314
J/sl
|
2005-05488
Chak Sin Wong, et al., respondents, v Fize Lsulja, appellant.
(Index No. 13233/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated April 15, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 2, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35275
S/sl
|
2004-10861, 2004-10864, 2005-00071
Companion Life Insurance Company of New York, appellant, v All State Abstract Corp., etc., et al., respondents. (Appeals No. 1, 2, and 3) 2004-10867 Companion Life Insurance Company of New York, appellant-respondent, v All State Abstract Corp., respondent-appellant, Angela Wallace, etc., respondent. (Appeal No. 4) (Index No. 12117/03)
| ORDER ON APPLICATION |
Application by Companion Life Isnurance Company of New York the appellant on appeals from three orders of the Supreme Court, Nassau County, all dated November 22, 2004 (Appellate Division Docket Nos. 2004-10861, 2004-10864, and 2005-00071), and the appellant-respondent on an appeal and cross appeal from an order of the same court, also dated November 22, 2004 (Appellate Division Docket No. 2004-10867), pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before January 31, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35290
A/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2004-06155 Albertino E. DaCruz, et al., respondents, v Towmasters of New Jersey, Inc., et al., defendants, Port Authority of New York and New Jersey, appellant (and a third-party action). (Index No. 34251/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 17, 2005, which determined an appeal from an order of the Supreme Court, Kings County, dated June 7, 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.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35276
CF/
|
2005-11218 Dobbins St., LLC, respondent, v Jim Klein, etc., et al., appellants. (Index No. 44237/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35307
J/sl
|
2005-07281
Mindy Dolny, appellant, v David B. Dolny, respondent. (Index No. 4511/03)
| 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, Rockland County, dated June 27, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 24, 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
M35287
Y/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2004-10236, 2004-10237 Doris L. Sassower, P.C., appellant, v Beverly Girardi, respondent. (Action No. 1) (Index No. 16335/90) Beverly Girardi, respondent, v Doris L. Sassower, et al., appellants. (Action No. 2) (Index No. 6303/00)
| DECISION & ORDER ON MOTION |
Motion by Thomas Torto, Esq., the purported attorney for the appellant, for leave to withdraw as counsel on appeals from an order of the Supreme Court, Westchester County, entered July 2, 2004, and a judgment of the same court also entered July 2, 2004, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in relation and opposition thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is denied as unnecessary, as the attorney was never formally retained; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time to perfect is denied; and it is further,
ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]) and the decision and order on motion of this court dated November 21, 2005.
ADAMS, J.P., RIVERA, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35267
CF/
|
2005-08050 Charlotte Egor, et al., respondents, v Douglas Petraco, etc., et al., defendants, Genevieve A. Hall, etc., et al., appellants. (Index No. 26044/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Suffolk County, dated June 20, 2005.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35266
CF/
|
2005-03830 Jonathan Epple, et al., respondents, v City of New York, et al., appellants. (Index No. 29575/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35277
CF/
|
2005-08564 Lawrence P. Esposito, appellant, v Ruth Diaz, et al., respondents. (Index No. 15819/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 27, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35254
CF/
|
2005-09722 Nikki A. Faulk, respondent, v Ramiro Guzman, appellant. (Index No. 4671/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35313
A/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-09428 Lora Fleysher, appellant, v Joseph Fabian, respondent, et al., defendant.
(Index No. 11679/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Richmond County, dated September 28, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary as the appeal has been calendared for February 17, 2006; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35280
CF/
|
2006-00084 Sari M. Friedman, appellant, v Anthony Caridi, respondent. (Index No. 12824/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35305
J/sl
|
2005-07294
Eileen Mary Gavallas, et al., appellants, v Health Insurance Plan of Greater New York, respondent. (Index No. 2903/03)
| ORDER ON APPLICATION |
Application by the appellants 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 June 29, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 21, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35292
J/sl
|
2005-07112
Paata Gourtchiani, appellant, v Diamond Truck Leasing Corp., et al., respondents. (Index No. 13796/03)
| 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, Queens County, dated June 14, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 20, 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
M35236
A/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-07109 Jose A. Guaman, respondent, v Antonio Ginestri, et al., appellants.
(Index No. 23765/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated June 3, 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 in 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
M35268
CF/
|
2005-09699 Elma Harry-Williams, respondent, v Audrey Blue, et al., appellants. (Index No. 2023/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 9, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35293
J/sl
|
2005-10850
Andrew Hvizd, respondent, v City of New York, et al., appellants. (Index No. 5721/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 6, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 14, 2006, and the respondent'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
M35294
J/sl
|
2005-07197 Sunshine Iles, appellant, v Rosalin Jonat, et al., respondents. (Index No. 21918/02)
| 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, Westchester County, entered July 1, 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
M35325
C/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-07897, 2005-07898, 2005-07899 Bruce Kelley, et al., respondents, v Gregory Chavez, appellant, et al., defendants. (Appeal Nos. 1 and 2) Bruce Kelley, et al., respondents, v Gregory Chavez, et al., defendants, Kristina Huser, appellant. (Appeal No. 3) (Index No. 26613/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from three orders of the Supreme Court, Queens County, all dated July 27, 2005, inter alia, for leave to reargue so much of a prior motion as sought to reinstate the stay of enforcement of a judgment of the same court dated April 7, 2005, granted by decision and order on motion of this court dated September 7, 2005, which prior motion was determined by decision and order on motion of this court dated December 5, 2005, or, for a preference in the hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35308
J/sl
|
2005-07018
Gloria Mazzola, appellant, v City of New York, et al., respondents. (Index No. 8336/01)
| 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 May 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 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
M35271
CF/
|
2005-05313 Denise McCann-Niles, et al., respondents, v Robert T. Grant, etc., appellant. (Index No. 2311/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 9, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35279
S/sl
|
2005-00321
John C. Mikul, appellant, v Philip Jay Silverman, et al., respondents.
(Index No. 10907/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated November 17, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 1, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35300
J/sl
|
2005-06727
Michelle Mizell, appellant, v Eastman & Bixby Redevelopment Co., LLC, et al., respondents. (Index No. 7501/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated June 6, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 1, 2006, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35286
T/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-09169 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Magline Richberg, appellant, et al., defendants.
(Index No. 17812/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated August 18, 2005, in effect, to amend so much of a decision and order on motion of this court dated November 9, 2005, as conditioned a stay upon her perfection of the appeal on or before January 9, 2006.
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 it is further,
ORDERED that the decision and order on motion of this court dated November 9, 2005, is amended by deleting from the decretal paragraphs thereof the date "January 9, 2006," and substituting therefor the date "March 15, 2006," and deleting from the second decretal paragraph thereof the words "the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice," and substituting therefor the words "the stay will be vacated."
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35247
CF/
|
2005-07827 John Natoli, plaintiff-respondent, v Malcolm Pirnie, Inc., et al., defendants- respondents; PMC Rebar, Inc., third-party defendant-appellant. (Index No. 15364/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 1, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35175
A/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2006-00010 Vincent E. Natoli, etc., et al., respondents, v Louis Elias Milazzo, et al., appellants, et al., defendants.
(Index No. 38555/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated October 3, 2005, in effect, to stay enforcement of so much of the order as appointed a receiver, pending hearing and determination of the appeal.
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 enforcement of so much of the order dated October 3, 2005, as appointed a receiver, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 27, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 27, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35255
CF/
|
2005-11784 Jeremy K. Noel, et al., respondents, v Rolland Robitaille, et al., appellants. (Index No. 25846/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated October 17, 2005.
Upon the stipulation of the parties, dated January 19, 2006, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35320
S/sl
|
2005-03065
Nu Li Lin, appellant-respondent, v New York City Housing Authority, respondent-appellant. (Index No. 29917/00)
| ORDER ON APPLICATION |
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 February 2, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 3, 2006, and the joint record 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
M35274
CF/
|
2005-06191 Peabody Real Estate Co., Inc., respondent, v Intercommunity Relations Council, Inc., appellant. (Index No. 6240/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 8, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35252
CF/
|
2005-10305 Esther Phillips, respondent, v Metro Fuel Oil Corp., et al., appellants, et al., defendants. (Index No. 18855/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 14, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35330
C/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-08967 Elaine Plunkett, et al., appellants, v NYU Downtown Hospital, respondent. (Index No. 19607/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated September 2, 2004, which was determined by decision and order of this court dated September 19, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
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 $100 costs.
SCHMIDT, J.P., SANTUCCI, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35302
C/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-07238 Clorinda Pyros, appellant, v Charles Dengel, respondent. (Action No. 1) (Index No. 24517-00) Charles Capobianco, et al., respondents, v Charles Dengel, defendant, Clorinda Pyros, et al., appellants. (Action No. 2) (Index No. 26557-00)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Suffolk County, dated July 7, 2005, inter alia, to modify the undertaking fixed by order of the same court dated July 25, 2005, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35310
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-09729
Joseph Schimicci, Jr., etc., et al., respondents, v City of New York, appellant. (Appeal No. 1) (Index No. 1852/96) 2004-09730 Richard Calabrese, etc., etc., et al., respondents, v City of New York, appellant. (Appeal No. 2)
(Index No. 30141/95)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 20, 2004 (Appellate Division Docket No. 2004-09730).
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal under Appellate Division Docket No. 2004-09730, is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35283
CF/
|
2005-07720 Yolanda Scott, et al., plaintiffs, v Metropolitan Suburban Bus Authority, a/k/a MTA Long Island Bus, et al., defendants. (Action No. 1) Louis Joubin, et al., plaintiffs, v Metropolitan Suburban Bus Authority, a/k/a MTA Long Island Bus, et al., defendants; Cummins, Inc., et al., second third-party plaintiffs-respondents; County of Nassau, second third-party defendant-appellant (and another third-party action). (Action No. 2) (Index No. 13189/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 22, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35265
CF/
|
2005-11042 Southern Pacific Bank, respondent-appellant, v Nolan R. S. Smith, et al., defendants, M & T Mortgage Corporation, appellant-respondent. (Index No. 31261/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 7, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35301
J/sl
|
2005-05172 Kevin Stevenson, et al., plaintiffs-respondents, v Steven Lazzari, et al., defendants-respondents, Timothy Monahan, et al., defendants-appellants. (Index No. 11916/99)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated May 17, 2005.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until February 3, 2006, and the plaintiffs-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35249
CF/
|
2005-09277 Sunrest Properties, LLC, appellant, v Sunrest Nursing Home, et al., respondents. (Index No. 15240/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated August 15, 2005.
Upon the stipulation of the parties, dated November 15, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35282
CF/
|
2005-10546 Transcontinental Insurance Company, respondent, v Bancker Construction Corp., appellant. (Index No. 28525/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 15, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35291
T/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2006-00280 In the Matter of City of New York, respondent, v Joseph Sacoder, appellant. (Index No. 12649-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated June 9, 2005, pending hearing and determination of an appeal therefrom.
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
M35309
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-11475
In the Matter of Complaint of Patricia Myers. (Index No. 5290/05)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated December 1, 2005.
Upon the stipulation of the attorneys for the respective parties, dated January 11, 2006, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35262
CF/
|
2005-11749 In the Matter of Jean Davis, appellant, v Tammi Blauberg, respondent, et al., defendant. (Docket No. V-3700-96)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated November 6, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35303
A/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2005-04398, 2005-07523 In the Matter of Isabel Fersh, appellant, v David Fersh, respondent. (Docket No. F-3476-97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated December 2, 2005, which dismissed appeals from two orders of the Family Court, Suffolk County, dated April 13, 2005, and June 30, 2005, respectively, on the ground, inter alia, that the original papers filed with the clerk of this court did not contain a properly settled transcript of the minutes of the hearing before the Support Magistrate, to reinstate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to recall and vacate the decision and order on motion of this court dated December 2, 2005, is granted, the decision and order on motion of this court dated December 2, 2005, in the above-entitled proceeding, is recalled and vacated, and the appeals are reinstated; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals are granted, an the appellant's time to serve and file a properly settled transcript (see 22 NYCRR 670.10.2[e]) is enlarged until March 6, 2006.
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35281
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2005-00494 In the Matter of Syed N. Hussaini, respondent, v Paul F. Romain, etc., et al., appellants.
(Index No. 29014/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated December 9, 2004, for leave to reargue a motion to dismiss the appeal on the ground, inter alia, that the appellants are not aggrieved by the order, which was determined by decision and order on motion of this court dated November 14, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35319
S/sl
|
2005-05884, 2005-05887, 2005-05888
In the Matter of Annunziata Zunno Ortiz, deceased. Thomas Genova, petitioner-respondent; Michael C. Ortiz, et al., appellants, et al., respondents. (File No. 1571/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Surrogate's Court, Westchester County, dated June 18, 2004, and December 29, 2004, and a decree of the same court, dated August 25, 2004, respectively.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until March 16, 2006, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35259
CF/
|
2005-08755 In the Matter of Richard M. Weledniger, D.D.S., P.C., et al., petitioners-respondents, v Angela E. Mouradian, etc.,et al., appellants, American Arbitration Association, respondent- respondent. (Index No. 3749/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35043
T/sl
THOMAS A. ADAMS, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-09682 In the Matter of Peter Samuel, respondent, v Abril Samuel, appellant. (Docket Nos. V-16360-05, V-16361-05, V-16362-05)
| DECISION & ORDER ON MOTION |
Appeal by Abril Samuel from an order of the Family Court, Kings County, dated September 6, 2005. By order to show cause dated December 8, 2005, the parties or their attorneys were directed to show cause before this court why an order should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 25, 2005, issued pursuant to 22 NYCRR 670.4[a][2]. Cross motion by the appellant for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
On the court's own motion, and upon the papers filed in opposition to the motion and in support of and in relation to the cross motion, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Zvi Ostrin, Esq.
130 7th Avenue - Suite 206
New York, New York 10011
(917) 579-1371
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35312
S/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-11764, 2006-00085, 2006-00086 In the Matter of Elaine Sassower-Berlin, petitioner-respondent, v Stephen Berlin, respondent; Barbara H. Kopman, etc., nonparty-appellant. (Docket Nos. V-11995-04, V-11996-04, V-11997-04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 13, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Barbara H. Kopman, the law guardian for the subject children, for leave to appeal to this court from an order of the Family Court, Nassau County, dated April 8, 2005 (Appellate Division Docket No. 2006-00085), an amended order of the same court dated September 30, 2005 (Appellate Division Docket No. 2006-00086), and an order of the same court entered December 12, 2005 (Appellate Division Docket No. 2005-11764), and to stay enforcement of the orders and the amended order pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court from the order entered December 12, 2005 (Appellate Division Docket No. 2005-11764), is granted; and it is further,
ORDERED that the branches of the motion which are to stay enforcement of the order dated April 8, 2005, and the amended order dated September 30, 2005, are granted, on condition that the appeal from the order entered December 12, 2005, is perfected on or before March 10, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 10, 2006, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35288
J/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-05823 In the Matter of Richard S. Sikorski, respondent, v Electric Battery Corp., appellant.
(Index No. 28875/04)
| DECISION & ORDER ON MOTION |
Appeal by the respondent from an order of the Supreme Court, Queens County, dated May 11, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal pending under Appellate Division Docket No. 2005-05823, is dismissed, without costs or disbursements, as a duplicate of an appeal pending under Appellate Division Docket No. 2005-05965.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35331
C/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
1992-00185 The People, etc., respondent, v Leon Bell, appellant. (Ind. No. 4548/90)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of counsel, a decision and order of this court dated December 9, 1996 (People v Bell, 234 AD2d 378), affirming a judgment of the Supreme Court, Kings County, rendered December 18, 1991, which was determined by decision and order of this court dated October 17, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., COZIER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34786
F/
ANITA R. FLORIO, J.
|
2005-08817 The People, etc., plaintiff, v Joseph Cabrera, defendant. (Ind. No. 6003/01)
| 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, Kings County, dated August 12, 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.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M35190
A/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-10628 The People, etc., respondent, v Anthony Calderon, appellant.
(S.C.I. No. 05-00113)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered October 6, 2005, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for leave to proceed pursuant to 22 NYCRR 670.12(c).
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 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 papers in accordance with 22 NYCRR 670.12(c); 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 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 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:
Stephen J. Pittari, Esq.
The Legal Aid Society of Westchester County
One North Broadway, Ninth Floor
White Plains, New York 10601
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.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35074
T/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-10495 The People, etc., appellant, v Ceasar Colucci, respondent. (Ind. No. 1517-05)
| DECISION & ORDER ON MOTION |
Motion by the respondent for a copy of any and all minutes of the Grand Jury proceedings in the above-entitled case, on an appeal from an order of the County Court, Suffolk County, dated September 26, 2005, and to enlarge his time to serve and file a brief.
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 on or before February 3, 2006, the appellant shall serve upon the respondent's attorney one copy of the Grand Jury minutes in question and shall file one copy of the same with the Clerk of this court, those minutes shall remain under seal, and may be reviewed only by the attorney for the respondent, and the respondent's time to serve and file a brief is enlarged until March 20, 2005.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35295
T/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2002-11008 The People, etc., respondent, v Christopher Daley, a/k/a Carl Henry, appellant. (Ind. No. 01-01036)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Westchester County, rendered November 21, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35317
S/sl
|
2004-04145
The People, etc., respondent, v Phoristine Martin, appellant. (Ind. No. 1088/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 19, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 22, 2006, and the respondent'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
M35304
T/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-05992 The People, etc., respondent, v Larry T. (Anonymous), appellant. (S.C.I. No. 547/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered June 26, 2003, to amend the caption to make the appellant anonymous.
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 caption in the above-entitled action is amended to People v Larry T. (Anonymous).
FLORIO, J.P., RITTER, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34787
F/
ANITA R. FLORIO, J.
|
2005-08358 The People, etc., plaintiff, v Don Taylor, defendant. (Ind. No. 3640/87)
| 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, Kings County, dated July 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.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M35298
Y/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-11599 The People, etc., respondent, v Sidiki Weay, appellant. (Ind. No. 2940/98)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 28, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as the order is appealable as of right (see CPL 450.10[5]); and it is further,
ORDERED that the defendant's motion papers are deemed to be a timely notice of appeal from the order dated October 28, 2005.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court