Appellate Division: Second Judicial Department
M35362
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-04068, 2005-04069
Alrose Lake Grove Partners, LLC, appellant, v Scott D. Middleton, et al., respondents. (Index No. 13573/04)
| DECISION & ORDER ON APPLICATION |
Application by the appellant on appeals from an order of the Supreme Court, Nassau County, dated March 11, 2005, and a judgment of the same court dated April 21, 2005, to substitute Alrose Lake Grove Partners, LLC, for the plaintiff Lake Grove Partners, LLC, as the appellant on the appeals and to amend the caption accordingly.
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 granted and Alrose Lake Grove Partners, LLC, is substituted for the plaintiff Lake Grove Partners, LLC, as the appellant on the appeals and the caption has been amended accordingly.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35339
CF/
|
2005-11230 Kim Brunetti, et al., plaintiffs-respondents, v Maimonides Medical Center, et al., defendants-respondents, Clyde Turner, etc., et al., appellants. (Index No. 2694/96)
| 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 13, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M35327
CF/
|
2005-05600 Zena Callahan, et al., respondents, v Alesheia Callahan, et al., defendants, Osvaldo Castillo, et al., appellants. (Index No. 22474/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Anna Rodriguez to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 5, 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ORDERED that the application is granted and the appeal by Anna Rodriguez is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35334
S/sl
|
2005-05375
Central Synagogue, et al., respondents- appellants, v Hermitage Insurance Company, appellant-respondent. (Index No. 20084/01)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated April 11, 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 15, 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 respondents-appellants shall serve and file their answering brief, including their 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
M35323
CF/
|
2005-07954 Claredon National Insurance Company, appellant, v Maidel Gonzalez, et al., respondents (and a third-party action). (Index No. 6651/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated May 17, 2005.
Upon the stipulation of the parties, dated December 20, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35333
CF/
|
2005-07394 Leonard Cocco, et al., respondents, v St. Charles Hospital & Rehabilitation Center, et al., appellants. (Index No. 24354/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant St. Charles Hospital & Rehabilitation Center to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 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 by St. Charles Hospital & Rehabilitation Center is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35352
CF/
|
2005-08630 Comerica Bank, respondent, v North Fork Bank, appellant. (Index No. 811/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated August 4, 2005.
Upon the stipulation of the parties, dated January 18, 2006, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35353
O/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-08070 Frank Cunha, et al., respondents, v Blanche Shapiro, etc., et al., appellants. (Index No. 15648/04)
| 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, Kings County, dated July 20, 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.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35348
S/sl
|
2005-06886, 2005-06887
Christopher D'Ablemont, et al., appellants, v Finkelstein Newman, LLP, etc., et al., respondents. (Index No. 01839/05)
| ORDER ON APPLICATION |
Application by the appellant Eugene D'Ablemont pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, entered June 2, 2005, and July 8, 2005, respectively.
ORDERED that the application is granted and the movant's time to perfect the appeals is enlarged until April 17, 2006, and the record or appendix on the appeals and the movant'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
M35363
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-08501 Lhakpa Dolma, etc., et al., respondents, v Ho-Ro Trucking Company, Inc., et al., appellants.
(Index No. 4224/04)
| 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 July 22, 2005.
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.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35340
T/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-03628 Andrew Anthony Doria, appellant, v Yves Cassamajor, et al., respondents, et al., defendant. (Index No. 44854/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 30, 2004, and for a preference in the calendaring 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.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35335
CF/
|
2005-03063 James Duffy, appellant, v Janet Duffy, respondent. (Index No. 9311/04)
| 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 February 18, 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
M35387
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2006-00667 EAG Properties, LLC, appellant, v Printing Associates International, LLC, respondent. (Index No. 26783-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated January 13, 2006, 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.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35354
CF/
|
2005-09594 Audrey Fox, et al., respondents, v Hyde Park Owners Corp., et al., defendants, Cardone Concrete, Inc., appellant. (Index No. 12290/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 24, 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
M35336
CF/
|
2005-10592 Willie F. Greathouse, et al., respondents, v Richard A. Angelo, appellant. (Index No. 764/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated August 25, 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
M35343
T/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-00377 IG Second Generation Partners, LP, et al., respondents v Kaygreen Realty Co., appellant. (Index No. 28683/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated November 18, 2003, which was determined by decision and order of this court dated October 3, 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.
H. MILLER, J.P., RITTER, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35342
CF/
|
2005-08485 Chana Levy, et al., appellants, v Don Yoel Levy, et al., respondents. (Index No. 21600/03)
| 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 June 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
M35351
CF/
|
2005-07763 Mark & Son Metal Products, Inc., et al., respondents, v Board of Education of Bronxville Union Free School District, et al., appellants. (Index No. 10898/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 11, 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
M35350
S/sl
|
2005-05818
Jimmy Martinez, etc., appellant, v East 16th Associates, LLC, et al., respondents. (Index No. 9534/02)
| 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, Kings County, dated May 17, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 28, 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
M35338
CF/
|
2005-10078 Vasiliy Melkumov, appellant, v Jose Reyes, respondent. (Index No. 18453/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 20, 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
M35344
S/sl
|
2005-00057, 2005-03809
Anthony Mentesana, plaintiff, v Bernard Janowitz, Construction Corporation, defendant second-third party-plaintiff respondent, Beauce Atlas, Inc., defendant third-party plaintiff respondent; Low-Bid Inc., third-party/second third-party defendant appellant.
(Index No. 18230/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, dated November 24, 2004, and March 31, 2005, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 23, 2006, and the record or appendix on the appeals 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
M35355
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-07297
Domenico Monaco, appellant, et al., plaintiff, v Benjamin Van Meerendonk, et al., respondents. (Index No. 7774/90)
| DECISION & 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 August 10, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appellant's notice of appeal from an order of the Supreme Court, Kings County, dated July 18, 2005, is deemed to be a premature notice of appeal from the judgment dated August 10, 2005 (see CPLR 5520[a]); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 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.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35324
CF/
|
2005-07233 Scott Randall, et al., appellants, v Lance Edwards, etc., et al., defendants, Anthony John Spadaro, etc., respondent. (Index No. 22865/99)
| 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 May 31, 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
M35341
CF/
|
2005-08547 Phyllis Raymond, respondent, v Maybe Associates, et al., appellants. (Index No. 3096/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland 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
M35367
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2006-00496 Oscar Rivera, appellant, v Adelaida Rivera, respondent. (Index No. 9354/01)
| DECISION & ORDER ON MOTION |
Appeal by Oscar Rivera from an order of the Supreme Court, Queens County, dated October 4, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Termini v Termini, 4 AD3d 342).
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35406
Y/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-04679
Kevin Rotunno, et al., plaintiffs-respondents, v Hamilton William Stiles, Jr., et al., defendants- respondents, Hanover Insurance Company, appellant. (Index No. 11475/01)
| ORDER ON APPLICATION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 24, 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 to the extent that the appellant's time to perfect the appeal is enlarged until March 13, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,
ORDERED that no further enlargements of time will be granted.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35332
C/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2004-07194, 2005-00190, 2005-05708 S.K. Mortgage Holdings Limited Partnership, respondent, v Vincent Subirats, et al., appellants. (Index No. 19238/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, for leave to reargue prior motions for a preference in the calendaring of appeals from (1) an order of the Supreme Court, Suffolk County, dated July 7, 2004, (2) a judgment of the same court entered December 28, 2004, and (3) an amended judgment of the same court entered May 10, 2005, which were determined by decisions and orders of this court dated March 31, 2005, and July 1, 2005, respectively.
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 as unnecessary, as the appeals have been calendared for Friday, February 17, 2006.
PRUDENTI, P.J., H. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35346
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-10282 Vito Volpicelli, respondent, v New York City Transit Authority, et al., defendants, Laquila-Icos, J.V., appellant.
(Index No. 17199/98)
| DECISION & ORDER ON MOTION |
Motion by the defendants New York City Transit Authority, City of New York, and Laquila-Icos, J.V. for leave to appeal to this court from so much of an order of the Supreme Court, Queens County, dated September 27, 2005, as denied that branch of their motion to compel further deposition of the plaintiff and to stay enforcement of the order 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 branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the appeal taken as of right by the New York City Transit Authority and City of New York and the appeal by the defendant Laquila-Icos, J.V., from so much of the order as denied that branch of the motion which was to compel the further deposition of the plaintiff are dismissed, without costs or disbursements.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35369
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2006-00890 Marc Waldman, a/k/a Marc Waldman, D.P.M., respondent, v Shereen Bobrowsky, a/k/a Shereen Bobrowsky, D.P.M, a/k/a Shereen Bobrowsky, D.P.M., P.C., appellant. (Index No. 26503/94)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Queens County, dated December 5, 2005.
Now on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right or by permission (see CPLR 5701, 5704).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35345
O/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-03448, 2005-05389 Margarita T. Walter, appellant, v John Walter, respondent.
(Index No. 17328/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Westchester County, dated February 25, 2005, and a judgment of the same court, dated May 3, 2005, inter alia, for leave to reargue those branches of her prior motion which were for leave to prosecute the appeals as a poor person, for the assignment of counsel, and to stay enforcement of the judgment, which were determined by decision and order on motion of this court dated July 15, 2005, 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 enlarge the time to perfect the appeals is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until March 3, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is for leave to reargue is denied.
PRUDENTI, P.J., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35328
CF/
|
2005-09723 Carlton Whilby, respondent, v Sunstar Vending, Inc., et al., appellants. (Index No. 6460/01)
| 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 June 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
M35347
S/sl
|
2005-07392
Won Sok Kim, et al., appellants, v New York City Transit Authority, et al., respondents. (Index No. 22299/02)
| 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, Queens County, dated June 28, 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
M35337
CF/
|
2005-09019 Alex M.J. Wong, et al., respondents, v County of Nassau, appellant, et al., defendants. (Index No. 7298/03)
| 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 August 3, 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
M35349
S/sl
|
2005-05935
Jonathan Yablon, appellant, v Bay Club, respondent, et al., defendant. (Index No. 16340/03)
| 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, entered June 3, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 14, 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
M35370
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2006-00422 In the Matter of Sharon M. Boshart, respondent, v John S. Boshart, appellant. (Docket No. F-03134-05)
| DECISION & ORDER ON MOTION |
Appeal by John S. Boshart from a purported order of the Family Court, Dutchess County, dated October 12, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant has not appended a copy of the purported order to his notice of appeal (see Family Ct Act § 1112).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35366
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-11895 In the Matter of Jane Brown, a/k/a Jane Raia, appellant, v Frank A. Brown, Jr., respondent. (Docket No. V-472-99)
| DECISION & ORDER ON MOTION |
Appeal by Jane Brown, a/k/a Jane Raia from an order of the Family Court, Suffolk County, dated October 28, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35371
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-01122 In the Matter of Charmayne Coates, appellant, v Gregory Lee, respondent. (Docket No. V-21516-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a reconstruction hearing with respect to proceedings which occurred before the Family Court, Kings County, on certain dates, on an appeal from an order of the Family Court, Kings County, dated December 20, 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.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35326
CF/
|
2005-07008 In the Matter of Marian DeMott, deceased. Allan H. DeMott, appellant; Claire Balchunas, respondent. (File No. 328288)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Surrogate's Court, Nassau County, dated June 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
M35364
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2006-00394 In the Matter of Giovanni A. Malatesta, respondent, v Dorina T. Greco, appellant. (Docket No. O-16042-05)
| DECISION & ORDER ON MOTION |
Appeal by Dorina T. Greco from an order of the Family Court, Westchester County, dated December 16, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35368
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-11999, 2005-12000 In the Matter of Deborah A. McCaffrey, appellant, v Roger C. McCaffrey, respondent. (Docket No. U-7567-05)
| DECISION & ORDER ON MOTION |
Appeals by Deborah A. McCaffrey from two orders of the Family Court, Suffolk County, dated August 1, 2005, and September 20, 2005, respectively.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as the orders are not appealable by right or by permission (see Family Ct Act § 439[e], 1112).
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35357
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-09810 In the Matter of Ann Puff, respondent, v Vincent R. Scafidi, appellant. (Docket No. F-271-97)
| DECISION & ORDER ON MOTION |
Appeal by Vincent R. Scafidi from an order of the Family Court, Westchester County, dated September 20, 2005. By order to show cause dated December 21, 2005, the parties or their attorneys were 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 a scheduling order dated November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
On the court's own motion, the papers filed in response to the order to show cause, and the application, it is
ORDERED that the order to show cause is denied; and it is further,
ORDERED that the branches of the application which are for the waiver of fees, a free transcript, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the application which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1]).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35263
E/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-11395 In the Matter of Jaileen T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent, Gloria T. (Anonymous), respondent-respondent; Legal Aid Society of Suffolk County, Inc., Law Guardian Bureau, nonparty-appellant. (Docket No. N-12506/03)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant on an appeal from an order of the Family Court, Suffolk County, dated December 6, 2005, in effect, to amend so much of a decision and order on motion of this court dated December 20, 2005, as conditioned a stay of enforcement of the order dated December 6, 2005, and the interim custody and visitation directives, upon the appeal being perfected on or before January 19, 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 December 20, 2005, is amended by deleting from the decretal paragraphs thereof the date "January 19, 2006," and substituting therefor the date "February 17, 2006"; and it is further,
ORDERED that no further extensions of the stay shall be granted if the appeal is not perfected by February 17, 2006; and it is further,
ORDERED that on the court's own motion, the third decretal paragraph of the decision and order on motion of this court dated December 20, 2005, is amended by deleting therefrom the date January 19, 2006, and substituting therefor the date March 17, 2006.
CRANE, J.P., GOLDSTEIN, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35329
A/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-10068 In the Matter of 315 Berry Street Corporation, appellant, v Hanson Fine Arts, et al., respondents. (Index No. 68516/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents Jennifer Kuipers, Sean Renbold, and Miyuki Shibuya, to recall and vacate a decision and order on motion of this court dated December 14, 2005, which granted, without opposition, the appellant's motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 29, 2005, which modified an order of the Civil Court of the City of New York, Kings County, entered August 8, 2003, and to deny the motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion is granted to the extent that the movants' opposition papers are accepted, and upon consideration of the opposition, the court adheres to the prior determination, and the motion is otherwise denied.
FLORIO, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35356
O/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-09417 In the Matter of Esperanza Weis, et al., respondents, v Lorraine Rivera, et al., appellants. (Docket Nos. V-19861-04, V-19862-04)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to recall and vacate a decision and order on motion of this court dated October 24, 2005, which granted the appellants' motion to stay enforcement of an order of the Family Court, Suffolk County, entered September 12, 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.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35404
Y/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2002-05730 The People, etc., respondent, v Jason DeLeon, appellant. (Ind. No. 01-00847)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 5, 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 appellant's supplemental brief shall be served and filed on or before March 30, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it further,
ORDERED that no further enlargements of time will be granted.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35407
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2003-01021 The People, etc., respondent, v Bobby Hayes, appellant.
(Ind. No. 849/02)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered January 23, 2003.
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 the supplemental brief submitted to the Clerk of the court on January 23, 2006, is accepted for filing.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35376
O/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2003-10254 The People, etc., respondent, v William Holub, Jr., appellant. (Ind. No. 1225/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file exhibits to his supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered November 13, 2002.
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 submission of copies of the proposed exhibits; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file his supplemental brief is enlarged until March 30, 2006.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35365
S/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2000-08400 The People, etc., respondent, v Joel Joseph, appellant. (Ind No. 7836/99)
| ORDER TO SHOW CAUSE |
Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered August 3, 2000. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before February 17, 2006; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35296
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00368 The People, etc., respondent, v Michael O'Connor, appellant.
(Ind. No. 8/04)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel |
The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Putnam County, rendered December 14, 2004, as granted on April 12, 2005. The following named attorney was assigned to prosecute the appeal:
Susan Caplin, Esq.
344 Main Street
Mt. Kisco, New York 10549
On the court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
John Savoca, Esq.
One Barker Avenue - Suite 135
White Plains, New York 10601
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 pre-sentence 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 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35299
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-04404 The People, etc., respondent, v Michael Turnbull, appellant.
(Ind. No. 12/02)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel |
The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Putnam County, rendered April 1, 2003, as granted on October 29, 2003. The following named attorney was assigned to prosecute the appeal:
Susan Caplin, Esq.
344 Main Street
Mt. Kisco, New York 10549
On the court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Salvatore C. Adamo, Esq.
PMB 185
414 West Sunrise Highway
Patchogue, New York 11772-2254
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 pre-sentence 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 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.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35379
S/sl
|
2005-09663, 2005-09965
The People, etc., appellant, v John Williams, a/k/a Earl Broomfield, respondent. (Ind. No. 4026/96)
| 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 appeals from two orders of the Supreme Court, Kings County, dated June 21, 2005, and September 21, 2005, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 3, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court