Appellate Division: Second Judicial Department
M35454
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2005-05181 Irma Acevedo, et al., appellants, v Augustana Lutheran Home, et al., respondents, Quiyuan Chen, defendant. (Index No. 40648/01)
| 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 15, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 2, 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
M35427
T/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
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2003-10731, 2004-07704 Allcity Insurance Company, appellant, v Ann Marie Borrello, et al., respondents, et al., defendants. (Index No. 33411/02)
| DECISION & ORDER ON MOTION |
Motions by the respondents (1) for leave to reargue appeals from two orders of the Supreme Court, Kings County, entered November 12, 2003, and August 23, 2004, respectively, which were determined by decision and order of this court dated June 27, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and (2) to stay the trial in the above-entitled action in the event leave to appeal to the Court of Appeals is granted.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue the appeals or, in the alternative, for leave to appeal to the Court of Appeals is denied, with $100 costs; and it is further,
ORDERED that the motion to stay the trial in the above-entitled action in the event leave to appeal to the Court of Appeals is granted is denied as academic.
FLORIO, J.P., SCHMIDT, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35419
CF/
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2005-05481 Arnold Sales Company, Inc., respondent, v John Padula, appellant. (Index No. 2366/04)
| 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 April 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
M35463
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2005-10492
Omar Barclay, et al., respondents, v Brian A. Mathurin, et al., appellants. (Index No. 47611/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 19, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 15, 2006, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35442
Y/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-10378 Abdel Benabdallah, et al., appellants, v Robert Humphries, et al., respondents. (Index No. 2564/03)
| DECISION & ORDER ON MOTION |
Motion the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 29, 2005, on the grounds that no appeal lies from an order denying leave to reargue, and that the notice of appeal is defective.
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., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35408
T/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-03148
Chaehee Jung, et al., respondents, v Kum Gang, Inc., d/b/a Kum Gang San Restaurant, appellant-respondent, Kit Realty, Inc., respondent-appellant. (Index No. 30266/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents Chaehee Jung and Johnsoo Jung for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated February 18, 2004, 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., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35430
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2005-05929
Emma Chateau, appellant, v St. Francis Hospital, et al., respondents, et al., defendants. (Index No. 28425/03)
| 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 April 5, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or 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
M35456
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2005-09683 Adam Christophersen, respondent, v Allstate Insurance Company, appellant, Fleet Home Equity USA, defendant. (Index No. 984/05)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Rockland County, dated September 9, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 10, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35472
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2005-09667
Judith Cipo, appellant, v John Van Blerkom, respondent.
(Index No. 5469/05)
| 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, Queens County, dated September 9, 2005.
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
Appellate Division: Second Judicial Department
M35425
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2005-06258
John Louis Cocomello, Jr., respondent, v Utica Mutual Insurance Company, appellant. (Index No. 20522/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, entered June 10, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 23, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35361
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2006-00604 Wesley Cooper, respondent, v 40 Clarkson Avenue Owners Corp., et al., appellants. (Index No. 13326/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 3, 2006.
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
M35437
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00081 John Daly, et al., respondents, v David Creese, et al., appellants (and third-party actions). (Index No. 918/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the supreme Court, Nassau Count, dated December 4, 2004.
Upon the stipulation of the attorneys for the respective parties, dated October 11, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35459
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2005-04950
Elrac, Inc., d/b/a Enterprise Rent A Car, appellant, v Richard J. Radna, respondent. (Index No. 29781/04)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 7, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 6, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35440
T/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-09655 Juan Ferreira, etc., et al., plaintiffs-respondents, v City of New York, defendant-respondent, Manhasset Homes Corp., et al., appellants. (Index No. 25460/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated August 11, 2004, which was determined by decision and order of this court dated October 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 denied, with one bill of $100 costs.
ADAMS, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35439
L/
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
|
2004-07815
Alexander George Flores, et al., plaintiffs, v YMCA of Greater New York, et al., defendants, Steinway Child & Family Services, defendant fourth-party plaintiff-respondent; National Union Fire Insurance Company of Pittsburgh, Pa., fourth-party defendant-appellant (and a third-party action). (Index No. 282/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 9, 2004.
Upon the stipulation of the attorneys for the respective parties, dated December 13, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SCHMIDT, J.P., SANTUCCI, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35446
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04537
Charles E. Gallagher, etc., et al., respondents, v Kucker & Bruh, LLP, et al., appellants. (Index No. 19405/04)
| DECISION & ORDER ON APPLICATION |
Application by the respondents to substitute the Public Administrator of County of New York, as administrator of the estate of John S. Rogers, for the deceased appellant John S. Rogers, on an appeal from an order of the Supreme Court, Westchester County, dated April 18, 2005, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, and the Public Administrator of County of New York, as administrator of the estate of John S. Rogers, is substituted for the deceased appellant John S. Rogers, and the caption of the action has been amended accordingly; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until March 27, 2006, and the respondents' brief shall be served and filed on or before that date.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35431
L/
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2005-04975
Steven Garcia, respondent, v Lake Grove Centers, Inc., appellant. (Index No. 9531/04)
| 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 March 28, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or 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
M35410
CF/
|
2005-09090 Denise L. Garrett, et al., respondents, v Pam Farber, appellant, et al., defendants. (Index No. 45276/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated July 20, 2005.
Upon the stipulation of the parties, dated January 17, 2006, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35395
O/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-11951
Raymond Garrigan, plaintiff, v Incorporated Village of Malverne, et al., defendants. (Index No. 4110/02)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff pursuant to CPLR 5520(a) to extend his time to file a notice of appeal from an order of the Supreme Court, Nassau County, dated September 29, 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.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35438
CF/
|
2005-08782 Nadia Gibson, appellant, v Daniel Green, respondent. (Index No. 16250/03)
| 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 19, 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
M35389
O/nal
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2004-02613, 2004-05305
Kevin Glassman, etc., respondent, v Prohealth Ambulatory Surgery Center, Inc., et al., appellants. (Index No. 009774/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 21, 2005, which determined appeals from two orders of the Supreme Court, Nassau County, entered February 5, 2004, and May 26, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., LUCIANO, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35462
CF/
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2005-09712 Luis Gonzalez, et al., respondents, v 1639 St. Marks Avenue Realty Holding Corp., appellant. (Index No. 48107/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, entered September 7, 2005.
Upon the stipulation of the parties, dated January 24, 2006, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35474
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-05063 Mary Griffin, respondent, v American Red Cross, appellant. (Index No. 26163/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 14, 2005.
Upon the stipulation of the attorneys for the respective parties, dated September 6, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35421
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2005-09729, 2005-09730
Hyde Park Fine Art of Moldings, Inc., plaintiff- respondent, v Vivian Castro, et al., defendants, S. Eisenberg, defendant-respondent, Citibank, N.A., defendant third-party plaintiff-appellant; Eisenberg Accounting Services, CPA, PC, third-party defendant-respondent.
(Index No. 12510/98)
| ORDER ON APPLICATION |
Separate applications by the plaintiff-respondent and the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from two orders of the Supreme Court, Queens County, both dated September 14, 2005.
ORDERED that the applications are granted and the plaintiff-respondent's and the defendant-respondent's time to serve and file their respective briefs is enlarged until February 27, 2006, and the plaintiff-respondent's and the defendant-respondent's respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35385
O/nal
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-03170
Intrepid Reports, Inc., appellant, v County of Suffolk, et al., respondents. (Index No. 29915/96)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 3, 2005, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35424
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2005-06118
Island Recycling Corp., et al., appellants, v New York State Department of Taxation & Finance, et al., respondents. (Index No. 17315/99)
| 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 and judgment (one paper) of the Supreme Court, Suffolk County, dated May 23, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 24, 2006, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35445
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2005-05568
Lisa Jakuc, respondent, v Markos Fokas, etc., appellant. (Index No. 11944/03)
| 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, Nassau County, dated May 2, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 2, 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
M35403
T/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-05642, 2005-06382, 2005-09181
Jones, Sledzik, Garneau & Nardone, LLP, respondent, v Galit Schloss, appellant. (Index No. 11032/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Westchester County, entered November 15, 2004 (Appellate Division Docket No. 2005-05642), a judgment of the same court entered November 17, 2004 (Appellate Division Docket No. 2005-06382), and an order of the same court dated August 23, 2005 (Appellate Division Docket No.2005-09181), respectively, for a preference in the calendaring of the appeals from the order entered November 15, 2004, and the judgment entered November 17, 2004, to stay enforcement of the judgment entered November 17, 2004, for leave to prosecute the appeal from the order entered August 23, 2005, as a poor person, and for the assignment of counsel on that appeal, and to enlarge the time to perfect that 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 to enlarge the time to perfect the appeal from the order entered August 23, 2005, is granted, the appellant's time to perfect the appeal is enlarged until April 27, 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 it is further,
ORDERED that the branches of the motion which are for a preference in the calendaring of the appeals from the order entered November 15, 2004, and the judgment dated November 17, 2004, to stay enforcement of the judgment entered November 17, 2004, for leave to prosecute the appeal from the order entered August 23, 2005, as a poor person, and for the assignment of counsel on that appeal are denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35251
E/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-07277, 2004-10262 John Kingston, etc., respondent, v Michael Breslin, et al., appellants. (Index No. 17481/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated May 26, 2004, and October 28, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeals (see Kingston v Breslin, ___ AD3d ___ [2d Dept, Jan. 24, 2006]).
RITTER, J.P., RIVERA, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35461
CF/
|
2005-08176 Larisa Krichevskaya, et al., appellants-respondents, v City of New York, et al., respondents-appellants, et al., respondents. (Index No. 26205/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated July 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35412
CF/
|
2005-10390 Patricia Landino, respondent, v Trocom Construction Corporation, appellant. (Index No. 26099/00)
| 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 September 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35381
O/nal
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-06004, 2005-08678
Julie Levine, appellant, v Robert Levine, respondent. (Index No. 9938/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 20, 2005 (Appellate Division Docket No. 2005-06004), and to consolidate that appeal with an appeal from an order of the same court dated July 19, 2005 (Appellate Division Docket No. 2005-08678).
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 branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 20, 2005, is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 2, 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 it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35447
D/sl
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2005-05836
Consuela Luyanda, appellant, v City of New York, et al., respondents (and a third-party action). (Index No. 9818/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 18, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 2, 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
M35394
O/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-09264 Elder Martins, etc., et al., plaintiffs-respondents, v George Barros, et al., defendants, James Franceschini, et al., defendants respondents- appellants, Gerard Schector, et al., defendants appellants-respondents, Father & Son Concrete Corp., et al., defendants third-party plaintiffs- respondents; Supertouch Construction Corp., et al., third-party defendants-appellants. (Index No. 605/04)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents on appeals and cross appeals from an order of the Supreme Court, Nassau County, entered August 31, 2005, to dismiss the cross appeal by the defendants James Franceschini and Debra Franceschini on the ground that it was untimely taken, and, in effect, for reargument of a prior motion to dismiss the appeal by the defendant Jonathan J. Vieira on the ground that it was untimely taken, which was determined by decision and order on motion of this court dated January 4, 2006.
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
M35432
L/
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2005-04100
Leora Delia Maslovs, respondent, v Nikolajas Maslovs, appellant. (Index No. 3141/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Suffolk County, dated March 28, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or 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
M35443
CF/
|
2005-08580 New York Steel Erectors, Inc., respondent, v Carlo's Iron Works, Inc., et al., respondents- appellants; Damiano G.C. Enterprise, Inc., appellant-respondent. (Index No. 8803/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated June 27, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35450
D/sl
|
2005-05563
Ann E. O'Neil, appellant, v Stephen C. Klass, et al., respondents. (Index No. 3808/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered May 16, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 23, 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
M35372
O/nal
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-07149, 2005-07152
Alicja Ozugowski, etc., plaintiff, v City of New York, et al., appellants. (Index No. 11945/02)
| DECISION & ORDER ON MOTION |
Application by the appellants pursuant to 22 NYCRR 670.8[d][2] to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated April 7, 2005, and June 18, 2005, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeals by the defendant City of New York are dismissed, without costs or disbursements, as it is not aggrieved by either order (see CPLR 5511); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeals by the defendant New York City Health and Hospitals Corporation is granted; and it is further,
ORDERED that the time to perfect the appeals is enlarged until May 1, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35399
D/sl
|
2005-08000
Palm Court of Guyana Corp., respondent, v Pinkham Agency, defendant third-party plaintiff-appellant-respondent, Tower Insurance Company of New York, defendant-respondent; Oliver McNichols, third-party defendant- respondent-appellant. (Index No. 28638/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent 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, Queens County, dated July 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 April 3, 2006, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including the points of argument on the cross-appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35418
D/sl
|
2005-07145
Elida Idalia Sanchez Reyes, respondent, v Andrew Kieffer, Jr. s/h/a Andrew R. Kieffer, Jr., appellant. (Index No. 4656/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 8, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35453
CF/
|
2005-07343 Keith Rosner, respondent, v Henrietta Barkin, etc., appellant. (Index No. 20458/03)
| 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 June 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35464
D/sl
|
2005-03171
Bret Saberhagen, plaintiff-respondent, v Thomas Sweeney, et al., defendants third-party-plaintiffs-appellants; Lynn Saberhagen, third-party defendant-respondent, et al., third-party defendants. (Index No. 8636/02)
| ORDER ON APPLICATION |
Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 25, 2005.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until February 6, 2006, and the plaintiff-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35397
D/sl
|
2005-07269 Peter Saracena, et al., respondents, v Susan C. Mittleman, appellant. (Index No. 3799/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 23, 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
M35386
M/nal
|
2006-00306 Trevor Smith, respondent-appellant, v Joanne Wood, appellant-respondent. (Index No. 7779/05)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated December 9, 2005. 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 of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35428
CF/
|
2005-05825 Dennis Stancil, et al., respondents, v Dawn Ovando, et al., appellants (and a third-party action). (Index No. 34103/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 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
M35444
D/sl
|
2005-07460, 2005-10583
State Farm Fire & Casualty Co., plaintiff-respondent, v Anthony Horton, et al., defendants-respondents, M.S., et al., appellants. (Index No. 2568/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Orange County, dated June 16, 2005, and September 21, 2005, respectively.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until May 2, 2006, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35458
Y/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-06266 Eric Thompson, Jr., etc., et al., respondents, v Shahnaz Orner, et al., appellants. (Index No. 501/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 19, 2005, on the ground that the appellant Debra Cachura died prior to the issuance of the order and no personal representative had been substituted.
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 dismiss the appeal by Debra Cachura is granted, and that the appeal by Debra Cachura is dismissed, without costs or disbursements, on the ground that the order is a nullity as to her (see Re v Ernst & Whinney, 236 AD2d 458); and it is further,
ORDERED that the motion is otherwise denied.
CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35460
CF/
|
2005-07996 Grace A. Thorakos, et al., appellants, v Nika Gojcaj, respondent. (Index No. 22723/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated 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
M35455
CF/
|
2005-03557 Town of Orangetown, et al., respondents, v National Union Fire Insurance Company, appellant. (Index No. 2804/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 30, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35441
S/sl
|
2005-05492
Bernadette Varvaro, et al., plaintiffs-respondents, v Hook-Superx, Inc., et al., defendants third-party plaintiffs-respondents, Trammel Crow Corporate Services, Inc., third-party defendant-appellant. (Index No. 13937/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated April 28, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 27, 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
M35457
T/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-05869, 2004-06210, 2005-01029 Robert D. Wilson, et al., appellants-respondents, v Hallen Construction Corporation, respondent- appellant. (Index No. 6828/95)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on appeals from an order of the Supreme Court, Kings County, dated May 28, 2004, a judgment of the same court entered June 14, 2004, and an appeal and cross appeal from a judgment of the same court dated December 22, 2004, to strike the appendix and brief filed by the respondent-appellant on the ground that the appendix is incomplete, to dismiss the cross appeal as barred by the doctrine of law of the case, or, in the alternative, to enlarge their time to serve and file a reply 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 dismiss the cross appeal is denied without prejudice to the appellants-respondents raising the issue in their reply brief; and it is further,
ORDERED that the branch of the motion which is to strike the respondent-appellant's brief and appendix is denied on condition that on or before March 10, 2006, the respondent-appellant settles the transcript of the liability trial in the above-entitled action and files a complete copy of the settled transcript plus all of the exhibits entered into evidence at that trial with the Clerk of this court; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellants-respondents' time to serve and file a reply brief is granted, the appellants-respondents' time to serve and file a reply brief is enlarged until April 10, 2006, and the appellants-respondents' reply brief shall 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
M35452
D/sl
|
2005-07095 Winsome Yates, et al., appellants, v City of New York, defendant third-party plaintiff-respondent; Vales Construction Co., third-party defendant-respondent. (Index No. 33927/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 6, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 13, 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
M35469
D/sl
|
2005-05571, 2005-05572
Robert Yuffa, respondent, v Ed Gitlin, appellant.
(Index No. 20294/02)
| 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 a finding of the Supreme Court, Kings County, dated April 4, 2005, and a judgment of the same court entered April 22, 2005.
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
Appellate Division: Second Judicial Department
M35413
D/sl
|
2005-07102 In the Matter of Allstate Insurance Company, petitioner-respondent, v Marina Cruz, et al., appellants, Jessica Ortega, respondent-respondent. (Index No. 1660/03)
| ORDER ON APPLICATION |
Separate applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, dated June 2, 2005.
ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until March 22, 2006, and the joint record or joint appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the appellants' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35471
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-07002
In the Matter of Jason Brian B. (Anonymous). Administration for Children's Services, petitioner-respondent; Rachel B. (Anonymous), appellant, et al., respondent. (Docket No. N-11328-00)
| DECISION & ORDER ON MOTION |
Appeal by Rachel B. from an order of the Family Court, Queens County, dated April 18, 2005. By order to show cause dated January 3, 2006, 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, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
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 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 12, 2006.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35473
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-07004
In the Matter of Jason Brian B. (Anonymous). Administration for Children's Services, petitioner-respondent; Rachel B. (Anonymous), appellant, et al., respondent. (Docket No. B-528-04)
| DECISION & ORDER ON MOTION |
Appeal by Rachel B. from an order of the Family Court, Queens County, dated May 18, 2005. By order to show cause dated January 3, 2006, 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, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
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 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 12, 2006.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35375
O/nal
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-10377 In the Matter of Victor Y. Batshever, appellant, v Office of Burial Claims, respondent. (Index No. 10377/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for reargument of a motion for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated October 19, 2005, as a poor person 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.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35426
M/nal
|
2006-00445 In the Matter of Sonia C. (Anonymous), respondent, v Otis P. (Anonymous), appellant. (Docket No. P- 15939-05)
| SCHEDULING ORDER |
Appeal by Otis P. from an order of the Family Court, Kings County, dated November 9, 2005. 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 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35420
M/nal
|
2005-11955 In the Matter of Marylynn Cellamare, appellant, v Steven Lakeman, respondent. (Docket No. F-2192-05)
| SCHEDULING ORDER |
Appeal by Marylynn Cellamare from an order of the Family Court, Richmond County, dated December 12, 2005. 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 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35422
M/nal
|
2006-00568 In the Matter of Marylynn Cellamare, appellant, v Steven Lakeman, respondent. (Docket No. F-895-04)
| SCHEDULING ORDER |
Appeal by Marylynn Cellamare from an order of the Family Court, Richmond County, dated January 5, 2006. 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 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35400
C/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-05174, 2005-06789 In the Matter of Clarendon National Insurance Company, petitioner-respondent, v Terry Moore, appellant, et al., respondents. (Index No. 23655/04)
| DECISION & ORDER ON MOTION |
Application by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated February 18, 2005, and June 10, 2005, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated February 18, 2005, is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated June 10, 2005, is granted; the appellant's time to perfect that appeal is enlarged until March 17, 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 it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated February 18, 2005, is denied as academic.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35423
CF/
|
2004-10881 In the Matter of Contello Tower II Corporation, respondent, v New York City Department of Housing Preservation & Development, et al., appellants. (Index No. 46978/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant New York City Department of Housing Preservation & Development to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated October 25, 2004.
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 New York City Department of Housing Preservation & Development is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35475
L/
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2004-03293
In the Matter of Crescent Contracting Corp., appellant, v Metropolitan Transportation Authority, et al., respondents. (Index No. 28715/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated February 26, 2004.
Upon the stipulation of the attorneys for the respective parties, dated January 18, 2006, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ADAMS, J.P., SANTUCCI, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35466
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-04702 In the Matter of Sandra Fletcher, appellant, v Fletcher Devon, et al., respondents. (Docket No. V-10606-00)
| SCHEDULING ORDER |
Appeal by Sandra Fletcher from an order of the Family Court, Queens County, dated December 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 30, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until February 17, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35451
L/
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
MARK C. DILLON, JJ.
|
2005-04777
In the Matter of Kimberly Haeg, respondent, v County of Suffolk, et al., appellants. (Index No. 22800/04)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application by the Town of Southold, to withdraw its appeal from an order of the Supreme Court, Suffolk County, dated April 20, 2005.
Upon the stipulation of the attorneys for the respective parties, dated January 12, 2006, it is
ORDERED that the application is granted and the appeal by the Town of Southold, is deemed withdrawn, without costs or disbursements.
ADAMS, J.P., CRANE, SPOLZINO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35449
M/nal
|
2006-00582 In the Matter of Portia J. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Conchita J. (Anonymous), appellant. (Docket No. B-14841-02)
| SCHEDULING ORDER |
Appeal by Conchita J. from an order of the Family Court, Queens County, dated December 7, 2005. 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 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35416
M/nal
|
2006-00567 In the Matter of Joan Kaiser, appellant, v Orange County Department of Social Services, respondent. (Docket No. G-442-05)
| SCHEDULING ORDER |
Appeal by Joan Kaiser from an order of the Family Court, Orange County, dated November 14, 2005. 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 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) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35198
C/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2005-10438
In the Matter of Fantaysia L. (Anonymous). Administration for Children's Services, petitioner- respondent; Marguerite S. (Anonymous), et al., appellants, et al., respondents. (Docket No. N-11936-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant Michael L. for leave to prosecute an appeal from an order of the Family Court, Kings County, dated October 7, 2005, as a poor person, for the assignment of counsel, and to stay the 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 or relation thereto, it is
ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel are granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Dawn Shammas, Esq.
89-31 161st Street - Suite 605
Jamaica, New York 11435
(917) 609-2975
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the branch of the motion which is for a stay is denied; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35429
M/nal
|
2006-00486 In the Matter of Francis LePore, appellant, v Carol LePore, respondent. (Docket No. F-09352/03)
| SCHEDULING ORDER |
Appeal by Francis LePore from an order of the Family Court, Suffolk County, dated November 29, 2005. 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 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35401
M/nal
|
2006-00491 In the Matter of Herbert Magwood, respondent, v Sharon Martinez, appellant. (Docket No. V-10931-05)
| SCHEDULING ORDER |
Appeal by Sharon Martinez from an order of the Family Court, Suffolk County, dated December 7, 2005. 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 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) 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35409
T/nal
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-05478
In the Matter of Mary P. Mitchell, respondent, v City of New York, Department of Health and Mental Hygiene, appellant. (Index No. 11483/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated November 24, 2003, which was determined by decision and order of this court dated November 14, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., ADAMS, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35380
M/nal
|
2006-00328, 2006-00330, 2006-00331 In the Matter of Brandon O. (Anonymous). Miracle Makers, Inc., et al., respondents; Jonette R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Brandi O. (Anonymous). Miracle Makers, Inc., et al., respondents; Jonette R. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Morgan R. (Anonymous). Miracle Makers, Inc., et al., respondents; Jonette R. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-25122/00, B-25123/00, B-25124/00)
| SCHEDULING ORDER |
Appeals by Jonette R. from three orders of the Family Court, Kings County, all entered December 2, 2005. 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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are 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 or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35393
M/nal
|
2006-00425 In the Matter of Destiny O. (Anonymous). Suffolk County Department of Social Services, respondents; Bryant M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Bryant M. (Anonymous), petitioner, v Kelly O. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. A-16730-05, V-15499-05)
| SCHEDULING ORDER |
Appeal by Bryant M. from an order of the Family Court, Suffolk County, dated October 12, 2005. 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35321
M/nal
|
2006-00351 In the Matter of John Poppe, et al., respondents, v Laura Ruocco, appellant. (Docket Nos. V-2761-05, V-2762-05)
| SCHEDULING ORDER |
Appeal Laura Ruocco by from an order of the Family Court, Richmond County, dated December 1, 2005. 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 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M35402
M/nal
|
2006-00533 In the Matter of Dimitriy R. (Anonymous). Nassau County Department of Social Services, respondent; Colleen R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Tyler R. (Anonymous). Nassau County Department of Social Services, respondent; Colleen R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. N-14758-04, V-00545-05)
| SCHEDULING ORDER |
Appeals by Colleen R. and Gary R. from an order of the Family Court, Nassau County, dated December 22, 2005. 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 appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) 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), 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 appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35468
M/nal
ANITA R. FLORIO, P.J.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-03765 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-11328-03, B-11329-03, B-11334-03, B-11335-03)
| SCHEDULING ORDER |
Separate appeals by Steven R. and Gordana K. from an order of the Family Court, Suffolk County, dated January 31, 2005. The brief of the appellant Gordana K. was served and filed on December 9, 2005, and the brief of the appellant Steven R. was served and filed on December 12, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until February 24, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35470
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-03775 In the Matter of Jonathan R. (Anonymous). Seaman's Society for Children and Families, petitioner-respondent; Michael R. (Anonymous), appellant; et al., respondent. (Docket No. B-5276-04)
| SCHEDULING ORDER |
Appeal by Michael R. from an order of the Family Court, Richmond County, dated April 12, 2005. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until February 20, 2006; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35384
M/nal
|
2006-00349 In the Matter of Milton Thomas, appellant, v Grace Thomas, respondent. (Docket No. V-14983-02)
| SCHEDULING ORDER |
Appeal by Milton Thomas from an order of the Family Court, Queens County, dated December 6, 2005. 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 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M35269
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2006-00073 In the Matter of Sambasiva Rao Venigala, respondents, v Alaapa Alagappan, et al., appellants.
(Index No. 15676/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, dated November 4, 2005, pending hearing and determination of an appeal therefrom.
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.
H. MILLER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35467
D/sl
|
2005-05398
In the Matter of Village of Port Chester, petitioner, v Thomas Ayotte, et al., respondents.
(Index No. 2844/05)
| ORDER ON APPLICATION |
Application by the petitioner 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, Westchester County, dated May 17, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 14, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35433
S/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-11297, 2006-00535
In the Matter of Tyria W. (Anonymous). Nassau County Department of Social Services, respondent; Julie W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shakia W. (Anonymous). Nassau County Department of Social Services, respondent; Julie W. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tyreek W. (Anonymous). Nassau County Department of Social Services, respondent; Julie W. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-10743-04, B-10744-04, B-10745-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 10, 2006, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Nassau County, dated October 26, 2005, and December 14, 2005, respectively, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Judith Ellen Stone, Esq.
2819 Harbor Road
Merrick, New York 11566
(516) 623-0897
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
CRANE, J.P., KRAUSMAN, RIVERA, and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35415
CF/
|
2005-04058 In the Matter of Woodcrest Golf & Country Club, respondent, v Board of Assessors, et al., appellants. (Index No. 24544/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 30, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35417
CF/
|
2005-07690 In the Matter of Woodcrest Golf & Country Club, respondent, v Board of Assessors, et al., appellants. (Index No. 24544/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated March 30, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35289
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2001-04001 The People, etc., respondent, v Eric Baez, appellant. (Ind. No. 700/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered April 5, 2001, and motion by the appellant pro se for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent to dismiss the appeal as abandoned is denied; and it is further,
ORDERED that the motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied, with leave to renew on or before March 15, 2006, upon proper papers, including the appellant's affidavit setting forth whether counsel was assigned counsel or retained counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel.
ADAMS, J.P., RITTER, SANTUCCI, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M34960
F/
THOMAS A. ADAMS, J.
|
2001-05640 The People, etc., plaintiff, v Kerry Bartow, defendant. (Ind. No. 1668/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from a judgment of the Supreme Court, Queens County, rendered May 15, 2001, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice
Appellate Division : Second Judicial Department
M35250
F/
STEVEN W. FISHER, J.
|
2005-08954 The People, etc., plaintiff, v Kent Benson, defendant. (Ind. No. 97-00279)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated August 25, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M35411
Y/nal
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2000-03923
The People, etc., respondent, v Aaron Boone, appellant. (Ind. No. 1968/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 30, 2000, and for leave to serve and file an oversize brief.
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 it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 14, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent is granted leave to serve and file an oversize brief containing no more than 21,415 words; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged to March 14, 2006, and the appellant's reply brief must be served and filed on or before that date.
PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35434
Y/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2004-07296 The People, etc., respondent, v Marshall Broughton, appellant. (Ind. No. 04-07296)
| DECISION & ORDER ON MOTION |
Motion by the appellant to provide him with copies of the transcripts of the complainant's testimony before the Grand Jury, on an appeal from a judgment of the Supreme Court, Westchester County, rendered August 3, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question; and it is further,
ORDERED that the District Attorney shall file the Grand Jury minutes in question with the Clerk of this Court, and those minutes shall remain sealed upon delivery.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35359
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-00902 The People, etc., respondent, v Oneil Clarke, appellant. (Ind. No. 1745/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an
appeal from a judgment of the County Court, Nassau County, rendered January 21, 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 it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before March 13, 2006.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M35311
F/
FRED T. SANTUCCI, J.
|
2005-11997 The People, etc., plaintiff, v Willie Dyla, defendant. (Ind. No. 54479)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated December 5, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M35396
O/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-08535 The People, etc., respondent, v Russell Francis, appellant. (Ind. No. 5828/00)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered September 14, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that assigned counsel shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before March 2, 2006; and it is further,
ORDERED that the respondent's time to serve and file a brief in response to the appellant's main and supplemental briefs is enlarged until May 2, 2006.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35360
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-05136
The People, etc., respondent, v Brian Leddy, appellant. (Ind. No. 02-00753)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered May 31, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 2370
Mt. McGregor Corr. Fac.
1000 Mt. McGregor Road - Box 2071
Wilton, New York 12831
Appellate Division: Second Judicial Department
M35358
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-08934 The People, etc., respondent, v Angel Maldonado, appellant. (Ind. No. 2340-99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an
appeal from an order of the County Court, Suffolk County, dated August 24, 2004.
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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before March 13, 2006.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M35189
F/
STEPHEN G. CRANE, J.
|
2005-07443 The People, etc., plaintiff, v Jackson Metellus, defendant. (Ind. No. 2910/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 19, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M35285
F/
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
|
2005-11802
The People, etc., respondent, v Carlos Rosario, appellant. (Ind. No. 1144/05)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Nassau County, rendered October 5, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion or in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Martin Goldberg, Esq.
P.O. Box 235
Franklin Square, New York 11010
and is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ADAMS, J.P., RITTER, SANTUCCI, and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 4580
Mid-State Corr. Fac.
P.O. Box 216
Marcy, New York 13403-0216
Appellate Division: Second Judicial Department
M35373
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-03162
The People, etc., respondent, v Christopher Sacco, appellant. (Ind. No. 02-00753)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, rendered March 17, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Matthew B. Tully, Esq.
P.O. Box 491
Hunter, New York 12442
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 A 1483
Gowanda Corr. Fac.
Box 311
Gowanda, New York 14070
Appellate Division: Second Judicial Department
M35391
Y/nal
STEPHEN G. CRANE, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2003-02104 The People, etc., respondent, v James Warren, appellant. (Ind. No. 2648/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003, which was determined by decision and order of this court dated October 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 denied.
CRANE, J.P., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M35248
F/
STEVEN W. FISHER, J.
|
2005-08647 The People, etc., plaintiff, v Larry Wilson, a/k/a Larry McClean, defendant. (Ind. No. 93-01635)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated August 10, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEVEN W. FISHER
Associate Justice