Appellate Division: Second Judicial Department
M35503
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2005-04118, 2005-10754
James A. Barrett, et al., respondents, v Miguel Carela, et al., defendants; Melissa Freedman, nonparty-appellant. (Index No. 13805/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a judgment of the Supreme Court, Kings County, dated February 10, 2005, and an order of the same court dated August 8, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 23, 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
M35518
L/
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
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2005-03023 Myrtle Blair, respondent, v City of New York, defendants, Clint Brooks, et al., appellants. (Index No. 8095/03)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 14, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the stay granted by the decision and order on motion of this court, dated October 11, 2005, is vacated forthwith.
FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35538
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2005-05566
Fanny Castellanos, et al., respondents, v Johnny Liu, et al., appellants.
(Index No. 25381/03)
| ORDER ON APPLICATION |
Application by the appellants 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, Kings County, dated April 5, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 8, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35493
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2005-09243
City Line Rent a Car, Inc., et al., appellants, v Alfess Realty, LLC, respondent. (Index No. 28835/04)
| 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, Queens County, dated August 17, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 28, 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
M35512
L/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN J. CRANE, JJ.
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2003-03993
Gerald Coviello, et al., plaintiffs-respondents, v J.J. Sisca Construction Corp., et al., defendants- respondents, J.J. Sisca & Associates Building Corporation, etc., appellant (and a third-party action). (Index No. 17236/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 21, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 19, 2006, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35511
L/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
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2003-10177, 2004-01036
Gerald Coviello, et al., plaintiffs-respondents, v J.J. Sisca Construction Corp., et al., defendants, J.J. Sisca Associates Building Corp., defendant- appellant, Albany Ladder, Inc., et al., defendants third-party and second third-party plaintiffs- appellants; Lakeview Associates, LLC, third- party defendant-respondent; Peter Oldani, P.E., second third-party defendant.
(Index No. 17236/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Westchester County, dated October 24, 2003, and January 20, 2004, respectively.
Upon the stipulation of the attorneys for the respective parties, dated January 19, 2006, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J. H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35514
L/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
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2005-03216
Gerald Coviello, et al., plaintiffs-respondents, v J. J. Sisca Construction Corporation, et al., defendants-respondents, Lakeview Associates, LLC, appellant (and third-party actions). (Index No. 17236/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 18, 2005.
Upon the stipulation of the attorneys for the respective parties, dated January 19, 2006, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35516
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-00544 Carol Davis, et al., respondents, v David E. Cohen, etc., et al., appellants. (Index No. 545/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated October 21, 2003.
Upon the stipulation of the attorneys for the respective parties, dated December 23, 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
M35378
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STEPHEN G. CRANE, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
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2004-06033 John DeLeon, respondent, v State of New York, appellant. (Claim No. 105848)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Court of Claims dated June 24, 2004, which was determined by decision and order of this court dated October 31, 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.
CRANE, J.P., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35508
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THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-07172 Steven Gallo, etc., respondent, v Rea Motors, Inc., et al., appellants. (Index No. 7738/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to deem a notice of appeal from a decision of the Supreme Court, Orange County, dated June 16, 2005, to be a premature notice of appeal from a judgment of the same court dated September 27, 2005. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the notice of appeal from the decision is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted; the respondent's time to serve and file a brief is enlarged until March 1, 2006.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35509
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2006-00247 Carol Glick, respondent, v Russell Glick, appellant.
(Index No. 5888/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated January 4, 2006, inter alia, in effect, for injunctive relief, and to permit the parties' 15-year-old daughter to attend the appellant's wedding on January 8, 2006.
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 permit the parties' 15-year-old daughter to attend the appellant's wedding on January 8, 2006, is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35506
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THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-11793 Samuel Haque, respondent, v Crown Heights NRP Associates, LP, et al., respondents-appellants; BFC Construction Corp., appellant-respondent (and other titles). (Index Nos. 8972/02, 76184/02, 75466/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 9, 2005. Applications by the respondents-appellants and the respondent to enlarge the time to serve and file briefs.
Upon the papers filed in support of the motion and the applications and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the applications are granted; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before February 21, 2006 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondent shall serve and file his brief on or before March 28, 2006.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35540
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2005-05930
Andrew Kantrowitz, et al., respondents, v Clarkstown Central School District, appellant. (Index No. 2703/03)
| 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, Rockland County, dated June 6, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 27, 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
M35388
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2005-02443 Larchmont Nurseries, Inc., appellant, v John Daly, respondent. (Index No. 00-18645)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, dated February 17, 2005, to enlarge the record on appeal to include the preliminary conference order dated August 8, 2001, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before February 28, 2006, the respondent shall serve and file a supplemental record containing the preliminary conference order dated August 8, 2001, and its brief on the appeal.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35517
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-09745 Parviz Lavi, appellant, v Old Cedar Development Corp., respondent. (Index No. 29234/93)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Surpeme Court, Suffolk County, dated August 31, 2004.
Upon the stipulation of the attorneys for the respective parties, dated January 20, 2006, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35515
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-09090
Estelle Leiner, plaintiff-respondent, v New York Community Hospital of Brooklyn, Inc., defendant-respondent, Boris Peysin, defendant-appellant. (Index No. 40816/02)
| ORDER ON APPLICATION ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 20, 2004.
Upon the stipulation of the attorneys for the respective parties, dated November 18, 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
M35494
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2005-04724
Julie Levine, appellant, v Robert Levine, respondent. (Index No. 9938/99)
| 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 amended judgment of the Supreme Court, Westchester County, dated April 25, 2005, and to enlarge the appellant's time to serve and file a reply brief.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 24, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before May 26, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35491
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2005-10797
Richard Loevner, respondent, v Sullivan & Strauss Agency, Inc., et al., appellants. (Index No. 5822/02)
| 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 October 31, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 27, 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
M35492
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2005-03713
Min Whan Ock, et al., plaintiffs-respondents, v City of New York, appellant, Grace Korean Presbyterian Church, defendant-respondent. (Index No. 27292/00)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 24, 2005.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until March 1, 2006, and the plaintiffs-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35315
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THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
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2005-11048 Lisa Nason, plaintiff, v Bruce K. Moskowitz, defendant. (Index No. 5897/05)
| DECISION & ORDER ON MOTION |
Motion by Lisa Nason, in effect, for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered October 31, 2005, and to stay enforcement of an order of the same court entered August 12, 2005, which appointed Marc T. Abrams as a forensic evaluator in the above-entitled action, pending hearing and determination of the appeal from the order entered October 31, 2005, and application by Marc T. Abrams for leave to file papers in opposition to the motion.
Upon the papers filed in support of the motion and the application and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the application is denied.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35542
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2005-05269, 2005-05271, 2005-08241
Newburgh Winnelson Company, respondent, v Baisch Mechanical, Inc., et al., defendants, Baisch, Inc., appellant. (Index No. 1953/04)
| 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 appeals from two orders of the Supreme Court, Orange County, dated February 25, 2005, and April 20, 2005, respectively, and an order and judgment (one paper) of the same court, dated July 5, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 8, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief must be served and filed on or before February 23, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35507
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THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-02083 Angelo Sangiovanni, appellant, v Eugene Koloski, et al., respondents. (Index No. 3125/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the reply brief on an appeal from a judgment of the Supreme Court, Dutchess County, entered January 27, 2005, on the ground that the reply brief raises substantive issues not raised in the appellant's main brief.
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 of Justices hearing the appeal for determination upon the argument or submission thereof.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35405
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THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
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2005-02247, 2005-03263 Lisa A. Seckler-Roode, respondent, v Christopher Roode, appellant. (Index No. 12365-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two judgments of the Supreme Court, Suffolk County, entered May 4, 2005, and May 5, 2005, respectively, for leave to appeal to this court from two decisions of the same court dated February 6, 2005, and March 4, 2005, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic; by decision and order on motion dated August 19, 2005, the appellant's notices of appeal from the decisions were deemed to be premature notices of appeal from the judgments; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeals from the judgments is enlarged until March 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; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35489
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HOWARD MILLER, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-04901 Christine Sherman, appellant, v Charles Sherman, respondent. (Index No. 11963/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 31, 2005, for failure to serve and file a proper appendix, and for an enlargement of time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that on or before February 21, 2006, the appellant shall serve and file a supplemental appendix containing the respondent's opposition papers to the underlying motion; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until March 23, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35497
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STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-07315, 2005-09114 Tanya Webb, appellant-respondent, v New York Methodist Hospital, et al., respondents-appellants.
(Index No. 16683/03)
| DECISION & ORDER ON MOTION |
Motion by Tanya Webb, the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 30, 2005, and the appellant-respondent on an appeal and cross appeal from an order of the same court, dated September 21, 2005 (Appellate Division Docket No. 2005-09114), to dismiss the cross appeal from the order dated September 21, 2005, as abandoned, and cross motion by the respondents-appellants, to strike the record and brief on the appeals from that order and the order dated June 30, 2005 (Appellate Division Docket No. 2005-07315), to vacate the stay granted by decision and order on motion of this court dated October 28, 2005, or, in the alternative, for leave to file a supplemental record and for an enlargement of time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the cross appeal from the order dated September 21, 2005 (Appellate Division Docket No. 2005-09114), is dismissed as abandoned (see 22 NYCRR 670.8[c][e]), without costs or disbursements; and it is further,
ORDERED that the branch of the cross motion which is to strike the record and brief, to vacate the stay, and for leave to file a supplemental record is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a respondent's brief is granted; and it is further,
ORDERED that the time of New York Methodist Hospital, Center for Surgical Weight Reduction, and Mohammud Ocoumi-Yazdi to serve and file a respondents' brief is enlarged until March 3, 2006, and the respondents' brief must be served and filed on or before that date.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35465
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THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
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2005-01920 In the Matter of Generosa Ammon, a/k/a Generosa Ammon-Pelosi, a/k/a Generosa Pelosi, deceased. Gerard J. Sweeney, petitioner-respondent; Daniel J. Pelosi, appellant; William P. Parkas, et al., guardians ad litem-respondents. (File No. 1609/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent and the guardian ad litem-respondents on an appeal from an order of the Surrogate's Court, Suffolk County, dated January 31, 2005, inter alia, to dismiss the appeal on the ground that the appellant lacks standing to prosecute the appeal, or to strike the appendix, or to enlarge the time to serve and file their respective briefs.
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 dismiss the appeal is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the petitioner-respondent and the guardian ad litem-respondents shall serve and file their respective briefs on or before February 28, 2006; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35137
J/sl
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2005-07456
In the Matter of M.K.A. Realty, Inc., appellant, v Jeanne Gervasi, etc., et al., respondents. (Index No. 2727/01)
| 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, Orange County, dated July 12, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35383
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HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
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2005-08804 In the Matter of Clifford Rice, appellant, v Glenn S. Goord, etc., et al., respondents.
(Index No. 0056/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue those branches of a motion which were for free transcripts and to waive the filing fee on an appeal from an order of the Supreme Court, Dutchess County, dated August 12, 2005, which were denied by decision and order on motion of this court dated November 7, 2005.
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
M35377
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HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
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2001-01086 The People, etc., respondent, v Gilbert Alicea, appellant. (Ind. No. 8006/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered January 5, 2001, which was determined by decision and order of this court dated November 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 denied.
H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35490
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2004-06286
The People, etc., respondent, v Jerry Barnes, appellant. (Ind. No. 3100/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 13, 2004.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35258
F/
STEVEN W. FISHER, J.
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2005-04294
The People, etc., plaintiff, v Basilio Berrios, defendant. (Ind. No. 1539/00)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 31, 2005, which was denied by a decision and order on application dated July 19, 2005.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
STEVEN W. FISHER
Associate Justice
Appellate Division : Second Judicial Department
M35374
F/
PETER B. SKELOS, J.
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2005-09803 The People, etc., plaintiff, v Don Juan Britt, defendant. (Ind. No. 11759/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 21, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M35392
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2001-05643 The People, etc., respondent, v Clarence Byrdsong, appellant. (Ind. No. 246/82)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated April 6, 2001, to enlarge the judgment roll to include, certain documents.
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; on or before February 14, 2006, the respondent shall file with the Clerk of this court the six exhibits attached to the instant motion papers.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35260
F/
STEVEN W. FISHER, J.
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2005-01992, 2005-01993 The People, etc., plaintiff, v Daniel Clay, defendant. (Ind. No. 2197/96)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from two orders of the Supreme Court, Queens County, dated March 16, 2004, and October 27, 2004, respectively, which was denied by decision and order on application dated April 14, 2005.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M35505
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-02280 The People, etc., respondent, v Renee Dasque, appellant. (Ind. No. 3311/01)
| 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 15, 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 the respondent's time to serve and file a brief is enlarged until February 14, 2006.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35306
A/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT J. LUNN, JJ.
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2005-05254 The People, etc., appellant, DECISION & ORDER v Sean Overton, respondent. (Ind. No. 10733/04)
| ON MOTION |
Motion by Dennis B. Coppin, Esq., to relieve counsel assigned to represent the defendant in the Supreme Court, Queens County, to be assigned as the attorney for the defendant pursuant to County Law § 722 on an appeal by the People from a sentence of the Supreme Court, Queens County, imposed May 11, 2005.
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 David Zucker, Esq., counsel assigned to represent the defendant in the Supreme Court, Queens County, is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that Dennis B. Coppin, Esq., of 47-03 Bell Boulevard, Bayside, New York 11361, is assigned as the attorney for the defendant pursuant to County Law § 722 to respond to the appeal from said order; and it is further,
ORDERED that the respondent is directed to serve one copy of his brief and to file nine copies thereof; and it is further,
ORDERED that the respondent shall serve and file his brief on or before February 14, 2006.
ADAMS, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35448
C/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
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2005-06896
The People, etc., respondent, v Bernard Sebastian, appellant. (Ind. No. 0307-99)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment |
Motion by the defendant for leave to prosecute an appeal from an order of the Supreme Court, Richmond County, dated June 17, 2005, which denied his motion to vacate a judgment of conviction against him, as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's 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 hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the Clerk of this court, without charge (see CPL 460.70) who shall arrange for their delivery to the appellant; the appellant is directed to turn over those transcripts to the respondent when he serves his 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 the appellant; and it is further,
ORDERED that at the time the appellant files his brief, the appellant shall also file a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that
(1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
Bernard Sebastian
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant 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 the appellant shall file nine copies of his brief and serve one copy on the District Attorney.
H. MILLER, J.P., LUCIANO, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02-R-2689
Orleans Correctional Facility
3531 Gaines Basin Blvd.
Albion, New York 14411
Appellate Division: Second Judicial Department
M35192
A/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
ROBERT J. LUNN
MARK C. DILLON, JJ.
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2003-10962 The People, etc., respondent, v Arthur Tuten, appellant. (Ind. No. 8695/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 30, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 26, 2004, December 9, 2004, and October 26, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Ronald G. Alexis, Esq.
Park W. Finance
P.O. Box 20741
New York, New York 10025
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
David M. Epstein, Esq.
57 Worth Street - Suite 306
New York, New York 10013
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that 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.
H. MILLER, J.P., LUCIANO, LUNN and ADAMS, concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M35544
J/sl
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2005-01549 The People, etc., respondent, v Anthony Wieners, appellant. (Ind. No. 04-100)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Orange County, rendered February 10, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 26, 2006, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court