APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7269
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-07387 Charles Caputo, appellant-respondent, v Darshay Peton, respondent-appellant, Angelo Sciannameo, et al., respondents. (Index No. 48120/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to withdraw his appeal from an order of the Supreme Court, Kings County, dated June 27, 2003.
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ORDERED that the motion is granted and the appellant-respondent's appeal is deemed withdrawn, without costs or disbursements.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7232
S/sl
|
2003-05937 Allen Yao Hung Chang, et al., respondents, v SDI International, Inc., etc., et al., appellants. (Index No. 12816/00)
| 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, Queens County, dated May 9, 2003.
ORDERED that the application is granted and the respondents' brief which was submitted to the Clerk of this court on January 26, 2004, is accepted for filing; and it is further,
ORDERED that the appellants' reply brief, if any, shall be served and filed on or before February 11, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7237
J/sl
|
2003-02330 Angelo Delgrande, respondent, v County of Westchester, et al., appellants. (Index No. 13911/96)
| 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 and judgment (one paper) of the Supreme Court, Westchester County, dated February 6, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 3, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7245
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2004-00282 Gregory Falgoust, respondent, v Andrea Falgoust, appellant.
(Index No. 200378/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated January 23, 2004, in the above-entitled case is amended by deleting from the preamble thereof the date "October 27, 2003," and substituting therefor the date "January 8, 2004".
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7266
O/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-11414 Salvatore Fiorenti, etc., et al., respondents, v Central Emergency Physicians, P.L.L.C., et al., appellants. (Index No. 17813/00)
| 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 interlocutory judgment of the Supreme Court, Nassau County, dated October 31, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7257
CF/
|
2003-06756 Gene T. Giamarino, appellant, v Linda Giamarino, respondent. (Index No. 28166/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated July 8, 2003.
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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7230
M/mv
|
2004-00668 Debra Halbig, appellant-respondent, v Joseph Halbig, respondent-appellant. (Index No. 00-9699)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated December 19, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the joint record and the appellant-respondent's brief in the above-entitled action shall be served and filed within 60 days after receipt of the transcripts of the minutes of the action in the Supreme Court, and the appellant-respondent shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the joint record and the appellant-respondent's brief shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant-respondent or the respondent-appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal and/or the cross appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal and/or the cross appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7233
S/sl
|
2003-06774 Herman Jiminez, respondent, v Leszek Wesolowski, appellant. (Index No. 50306/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7273
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-07958 Lynn Jowers, appellant, v People of State of New York, et al., respondents. (Claim No. 92183)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims dated July 11, 2003, as a poor person, for the assignment of counsel, and to waive the filing fee.
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 denied.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7246
C/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-00270 Donald Lawrence, et al., plaintiffs-respondents, v City of New York, defendant-respondent, Hallen Construction Company, appellant. (Action No. 1) (Index No. 6364/96) State Farm Insurance Company, a/s/o Donald Lawrence, plaintiff-respondent, v Brooklyn Union Gas Company, appellant, City of New York, defendant-respondent. (Action No. 2) (Index No. 21273/96) Donald Lawrence, et al., plaintiffs-respondents, v Brooklyn Union Gas, appellant. (Action No. 3) (Index No. 4309/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled actions pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 6, 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.
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7248
J/sl
|
2003-05532 Joseph Moore, et al., appellants, v Anatoly Eyzenberg, respondent. (Index No. 28638/98)
| 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 April 14, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 3, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7239
Y/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-09793 Ron Naane, appellant, v Ofira Maslavi, respondent. (Index No. 200082/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated September 30, 2003, 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.
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7211
C/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-09003 Divine Fayez Olabi, et al., appellants, v James Mayfield, Jr., et al., respondents. (Index No. 18090/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent James D. Mayfield, Jr., to strike the appellants' record and brief on an appeal from an order of the Supreme Court, Queens County, dated October 3, 2003, on the ground that the record, inter alia, contains material dehors the record and the brief does not comply with CPLR 5528(a)(3) or the rules of this court, and to enlarge the time to serve and file a brief.
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 strike the record on appeal is granted to the extent that pages 105 through 119 of the record are stricken and on or before February 11, 2004, the appellants shall (1) delete or remove pages 105 through 119 from the copies of the record on file with this court, and (2) insert in the copies of the record on file with this court as page 81(a) of the record, the missing page from the affirmation of Gary Wachtel which is appended as Exhibit G to the instant motion, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to strike the appellants' brief is granted; and it is further,
ORDERED that on or before February 11, 2004, the appellants shall serve and file a brief which complies with CPLR 5528(a)(3) and 22 NYCRR 670.10(d)(2)(iv); and it is further,
ORDERED that the movant's brief shall be served and filed on or before March 15, 2004.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7231
S/sl
|
2003-03342
Paul Palmieri, appellant, v Dorothy Marx, respondent.
(Index No. 2473/00)
| 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, Suffolk County, dated February 6, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 6, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7250
J/sl
|
2003-05235 Judith Ryga, etc., et al, appellants, v New York City Transit Authority, et al, respondents. (Index No. 22627/92)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated March 3, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 1, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7268
O/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
HOWARD MILLER
REINALDO E. RIVERA, JJ.
|
2002-05856 Rosaline Sukhoo, appellant, v City of New York, defendant, Jeffrey Lucas, etc., respondent. (Index No. 24256/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 3, 2003, which determined an appeal from a judgment of the Supreme Court, Queens County, entered December 14, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SMITH, H. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7236
Y/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-00391 Rachael Teichberg, appellant, v Benzion Teichberg, respondent. (Index No. 3884/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Queens County, dated January 8, 2004, as directed that the respondent have unsupervised visitation with one of the parties' infant children, Samuel Teichberg.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see CPLR 5701) and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7164
M/mv
|
2004-00620 In the Matter of Wagas A. (Anonymous). Suffolk County Department of Social Services, respondent; Najabat A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Almas A. (Anonymous). Suffolk County Department of Social Services, respondent; Najabat A. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Faisa A. (Anonymous). Suffolk County Department of Social Services, respondent; Najabat A. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Maryah A. (Anonymous). Suffolk County Department of Social Services, respondent; Najabat A. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Ikhas A. (Anonymous). Suffolk County Department of Social Services, respondent; Najabat A. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-10152/03, N-10153/03, N-10154/03, N-10155/03, N-10156/03)
| SCHEDULING ORDER |
Appeal by Najabat A. from an order of the Family Court, Suffolk County, dated November 18, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7243
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2002-10013
In the Matter of Elizabeth B. (Anonymous). Monica Drinane, etc., appellant; Gloria R. (Anonymous), et al., respondents. (Docket Nos. N 06514/01)
| DECISION & ORDER ON MOTION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated October 31, 2002.
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 deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7252
C/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-10993 In the Matter of Timothy Chebuske, petitioner, v Denise A. Burnhard-Vogt, respondent. (Docket Nos. V-1110-97, V-3207-01)
| DECISION & ORDER ON MOTION |
Motion by Denise A. Burnhard-Vogt for leave to appeal to this court from an order of the Family Court, Nassau County, dated November 14, 2003, and to stay the trial in the above-entitled proceeding pending 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.
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7235
S/sl
|
2003-08800 In the Matter of City of White Plains, petitioner, v New York State Board of Real Property Services, respondent.
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its answer in a proceeding pursuant to CPLR article 78.
ORDERED that the application is granted and the respondent's time to serve and file an answer is enlarged until February 27, 2004, and the respondent's answer must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7165
M/mv
|
2004-00630 In the Matter of Javon H. (Anonymous), appellant. (Docket No. E-27043/02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated December 23, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7176
M/mv
|
2003-02381 In the Matter of David Jarushewsky, respondent, v Cindy Baez, appellant. (Docket No. V-1175-01)
| SCHEDULING ORDER |
Appeal by Cindy Baez from an order of the Family Court, Nassau County, dated January 3, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until March 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7166
M/mv
|
2004-00635 In the Matter of Paulster Johnson, respondent, v Kay Semple, appellant. (Docket Nos. V-00929/90, V-00930/90)
| SCHEDULING ORDER |
Appeal by Kay Semple from an order of the Family Court, Kings County, dated December 18, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7171
M/mv
|
2004-00628 In the Matter of Robert David L. (Anonymous). Suffolk County Department of Social Services, respondent; Patricia W. (Anonymous), appellant. (Docket No. B-9597/02)
| SCHEDULING ORDER |
Appeal by Patricia W. from an order of the Family Court, Suffolk County, dated December 23, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7225
M/mv
|
2003-10143 In the Matter of Kathleen Lewis, respondent, v Michael Nwasoma, appellant. (Docket No. F-04687/02)
| SCHEDULING ORDER |
Appeal by Michael Nwasoma from an order of the Family Court, Kings County, dated September 2, 2003. By decision and order of this court dated January 23, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7174
M/mv
|
2003-05069 In the Matter of Paul S. Mayer, appellant, v Colleen F. Mayer, respondent. (Docket No. F-2692-02)
| ORDER TO SHOW CAUSE |
Appeal by Paul S. Mayer from an order of the Family Court, Orange County, dated April 28, 2003. By scheduling order dated December 15, 2003, the appellant was granted until January 20, 2004, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal. The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated December 15, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 20, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7259
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-02078 In the Matter of Valerie Meekins, respondent, v Maurice Dudley, appellant. (Docket No. F-884-00)
| DECISION & ORDER ON MOTION |
Appeal by Maurice Dudley from an order of the Family Court, Kings County, dated February 5, 2003. By order to show cause dated December 30, 2003, 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 October 28, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 28, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7240
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2003-11089 In the Matter of John Meyers, respondent, v Wendy Beiner, appellant. (Docket No. F-00484/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered November 24, 1993, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
ALTMAN, J.P., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7173
M/mv
|
2004-00637, 2004-00638, 2004-00639, 2004-00640, 2004-00641, 2004-00642 In the Matter of Jahmeek Winston P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Onique Patrice P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shantonia Nicole A. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Ohmarnie Mary P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Nastazia Delores P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Jahnia Patreka P. (Anonymous). Administration for Children's Services, et al., respondents; Patricia P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-2087/02, B-03853/01, B-03854/01, B-03855/01, B-03856/01, B-03857/01)
| SCHEDULING ORDER |
Appeals by Patricia P. from six orders of the Family Court, Kings County, all dated December 8, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7258
CF/
|
2003-09744 In the Matter of Connie Ramirez, appellant; George Weston Bakeries, Inc., et al., respondents. (Index No. 15254/03)
| 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 2, 2003.
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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7168
M/mv
|
2004-00619 In the Matter of William J. Rice, appellant, v Charmine Rice, respondent. (Docket No. V-16021/03)
| SCHEDULING ORDER |
Appeal by William J. Rice from an order of the Family Court, Suffolk County, dated January 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7202
S/sl
|
2003-01314 In the Matter of Robert Schaffer, petitioner, v Babylon Union Free School District, et al., respondents. (Index No. 14859/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated October 29, 2002.
ORDERED that the application is granted and the respondents' time to file a brief is enlarged until January 30, 2004, and the respondents' brief must be filed on or before that date; and it is further,
ORDERED that the petitioner's reply brief, if any, shall be served and filed on or before February 10, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7242
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-10720 In the Matter of Joan T. (Anonymous), appellant; Pamela Weinberg, etc., petitioner-respondent. (Index No. 21485/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 25, 2003.
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 granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 3, 2004, and the respondent'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 appellant's reply brief, if any, shall be served and filed on or before February 10, 2004.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7234
S/sl
|
2003-08799 In the Matter of Town of Eastchester, et al., petitioners, v New York State Board of Real Property Services, respondent.
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its answer in a proceeding pursuant to CPLR article 78.
ORDERED that the application is granted and the respondent's time to serve and file an answer is enlarged until February 27, 2004, and the respondent's answer must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7172
M/mv
|
2004-00632 In the Matter of Alberto Valentin, appellant, v Luz Carrero, respondent. (Docket No. O-24783/03)
| SCHEDULING ORDER |
Appeal by Alberto Valentin from an order of the Family Court, Kings County, dated December 19, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7175
M/mv
|
2003-02362 In the Matter of Kimberly Y. (Anonymous). Orange County Department of Social Services, respondent; Ernest Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ruth Y. (Anonymous). Orange County Department of Social Services, respondent; Ernest Y. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3405-02, B-3406-02)
| SCHEDULING ORDER |
Appeal by Ernest Y. from an order of the Family Court, Orange County, dated December 19, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until February 27, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7226
M/mv
|
2003-10783 In the Matter of Lisa Zipay, et al., respondents, v Frederick Csaszar, appellant. (Docket No. A-2745/03)
| SCHEDULING ORDER |
Appeal by Frederick Csaszar, by permission, from an order of the Family Court, Dutchess County, dated November 3, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7238
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-10725 The People, etc., plaintiff, v Jonathan Alzate, defendant. (Ind. Nos. 2280/01, 2599/01, 2606/01 2607/01, 2609/01, 2641/01)
| 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 September 16, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied on the ground that the order is not appealable by right or by permission (see CPL 450.10, 450.15).
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
01-A-6465
Attica Correctional Facility
P.O. Box 149
Attica, New York 14011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7264
O/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-00550 The People, etc., respondent, v Robbie Dolberry, appellant. (Ind. No. 5668/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered January 2, 2002, to be provided with a copy of the transcripts of certain proceedings and to enlarge the time to serve and file a supplemental brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to be provided with a copy of the transcripts of certain proceedings is denied as academic, as a copy of the transcripts is being prepared for transmittal to the appellant pursuant to the decision and order on motion of this court dated August 26, 2003; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the supplemental brief is granted and the appellant's supplemental pro se brief shall be served and filed on or before March 29, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7247
S/sl
|
2000-07678 The People, etc., respondent, v Daniel Massaro, appellant. (Index No. 44/00)
| 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 a judgment of the County Court, Suffolk County, rendered August 7, 2000.
ORDERED that the application is denied without prejudice to filing a motion for the same relief.
ENTER:
James Edward Pelzer
Clerk