Appellate Division: Second Judicial Department
M36137
S/sl
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2005-07080
Edward Abreo, et al., plaintiffs-respondents, v Zeneida Baez, et al., defendants third-party plaintiffs-appellants; City of New York, third-party defendant-respondent. (Index No. 50778/01)
| ORDER ON APPLICATION |
Application by the third-party defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 20, 2005.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until March 20, 2006, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36155
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2006-00143
Banks Shapiro Gettinger Waldinger & Brennan, LLP, appellant-respondent, v Julia C. Abbruzzese, respondent-appellant; Rona J. Licht, third-party defendant-respondent. (Index No. 6158/03)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated December 19, 2005.
ORDERED that the application is granted and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before March 24, 2006 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36123
C/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2005-08217, 2006-00531 Thomas J. Brosnan, respondent, v John A. Pratt, appellant. (Index No. 14899/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from (1) a judgment of the Supreme Court, Nassau County, entered July 22, 2005, and (2) an order of the same court dated December 12, 2005, and to enlarge the time to perfect the appeal from the judgment.
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 consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the appellant's time to perfect the appeal from the judgment 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; and it is further,
ORDERED that no further enlargements of time on the appeal from the judgment shall be granted.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36142
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2005-07775 Peter V. D'Agostino, et al., appellants, v Town of Pound Ridge, respondent. (Index No. 5051/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered July 11, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 10, 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
M36135
S/sl
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2005-06870
Roger W. Dawson, appellant, v Susan H. Wiley, respondent. (Index No. 7775/05)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated July 6, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 20, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36131
A/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2006-00963 Anne-Marie Dimitriou, et al., respondents, v Mehran Mansouri, etc., et al., defendants, North Shore University Hospital at Plainview, appellant. (Index No. 19220/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated January 6, 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.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36144
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2005-06035
Keith Durkin, appellant, v Long Island Power Authority, respondent. (Index No. 20624/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 20, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 16, 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
M36122
Y/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2006-00656
Enock Elie, et al., plaintiffs, v Winjohn Lloyd Gayle, et al., defendants. (Index No. 6976/97)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the defendants for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated September 30, 2005, which reversed an order of the Civil Court, Kings County, entered December 22, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36136
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2005-06205
Esti Elishkevitz, respondent, v David Gross, a/k/a Menachem Elishkevitz, appellant. (Index No. 35937/04)
| 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, Kings County, dated May 16, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36121
C/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2006-01403 Flatbush-Pacific Development Corp., appellant, v T. Jan Realty Corp., respondent. (Index No. 19716/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the closing of title on the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 28, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36153
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2006-00414 Nuchem Frankel, etc., et al., appellants, v Kitchen Plus Products, Ltd., respondent. (Index No. 4858/03)
| 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, Kings County, dated December 7, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 17, 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
M36111
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-07795 Dora Fridman, etc., plaintiff, v Stanislav Kucher, et al., defendants. (Action No. 1) (Index No. 4674/05) Mikhail Ontman, plaintiff, v Dora Fridman, defendant. (Action No. 2) (Index No. 2030/05) Oleg Krasnytsky, respondent, v Mikhail Ontman, et al., appellants, et al., defendants. (Action No. 3) (Index No. 6659/05)
| DECISION & ORDER ON MOTION |
Motion by Dora Friedman, in effect, for leave to serve and file a respondent's brief on an appeal from an order of the Supreme Court, Kings County, dated July 18, 2005.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is denied.
MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36129
E/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2005-11820 Spiro Geroulanos, respondent, v Ricardo Maynard, et al., appellants, et al. defendant.
(Index No. 27688/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated November 21, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36165
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2005-08467
Alice Greene, et al., appellants-respondents, v Yvette Martas, etc., et al., respondents, Gwyneth Levy, etc., et al., respondents-appellants. (Index No. 43279/01)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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 30, 2005.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until April 18, 2006, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36140
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2005-04301
Gasper Larosa, respondent, v City of New York, defendant, Ernest Torres, d/b/a Lauren Matthew Hair Design, Inc., appellant. (Index No. 7101/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 1, 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
M36124
T/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2006-01077 Ivonne Loffredo, respondent, v Luis Rios, et al., appellants. (Index No. 11210/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 22, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 20, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 20, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36132
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2005-06868
Muriel McGuire, plaintiff-respondent, v Ruth McGuire, appellant, Stewart Heights Corp., defendant-respondent, et al., defendant. (Index No. 17431/04)
| 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, Westchester County, dated March 28, 2005.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until March 3, 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
M36127
E/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-02172 Albert Nassour, respondent, v City of New York, appellant. (Index No. 15989/95)
| 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, Kings County, dated November 23, 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 27, 2006, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36125
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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, the respondent's time to serve and file a brief is enlarged, and the respondent's brief which was submitted to the Clerk of this court on February 9, 2006, is accepted for filing; and it is further,
ORDERED that the appellant's reply brief must be served and filed on or before March 6, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36113
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2005-03065 Nu Li Lin, appellant-respondent, v New York City Housing Authority, respondent-appellant. (Index No. 29917/00)
| DECISION & ORDER ON MOTION |
Appeal by Nu Li Lin from an order of the Supreme Court, Kings County, dated February 2, 2005. By decision and order on motion entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - January 2006 Calendar", dated February 10, 2006, the appeal was dismissed for failure to perfect. The appeal was perfected on February 1, 2006.
On the court's own motion, it is
ORDERED that so much of the decision and order on motion of this court dated February 10, 2006, as dismissed the above-entitled appeal is recalled and vacated, and the appeal is reinstated.
MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36133
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2005-06126
Barbara Osarczuk, et al., appellants, v Associated Universities, Inc., a/k/a Brookhaven National Laboratories, defendant third-party plaintiff-respondent; Precision Concepts, Inc., third-party defendant-respondent. (Index No. 2836/96)
| 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, Suffolk County, dated May 18, 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; and it is further,
ORDERED that the respondents shall serve and file their briefs on or before May 1, 2006; and the reply brief shall be served and filed on or before May 25, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36109
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
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2006-01344 Edward Ostrovsky, appellant, v James Lenihan, respondent. (Index No. 03-16640)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a decision of the Supreme Court, Westchester County, dated December 2, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36156
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2005-08211
Stephen Paruolo, et al., appellants, v Jeffrey Yormak, etc., et al., respondents. (Index No. 22136/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated August 2, 2006.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 14, 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
M36151
O/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2005-04186 John Rodricks, et al., plaintiffs-respondents, v Johanna O'Leary, appellant, Dargan Leasing Corp., Inc., defendant-respondent. (Index No. 3651/02)
| 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, entered March 22, 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 granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 28, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36139
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2005-09623
Jennifer Russo, appellant, v Arlene Ross, et al., respondents. (Index No. 14125/03)
| ORDER ON APPLICATION |
Application by the respondents Daniel Correa and Jose Correa 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 23, 2005.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until March 16, 2006, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36141
S/sl
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2005-08287
Robert Schierenbeck, plaintiff, v Jared Schmidt, et al., defendants, Chase Manhattan Automotive Finance Corporation, defendant third-party plaintiff- respondent; Arthur J. Schmidt, third-party defendant appellant. (Index No. 25480/01)
| 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, Suffolk County, dated July 11, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 19, 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
M36138
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2005-09951
Lavern Simpson, et al., plaintiffs-respondents, v County of Dutchess, et al., appellants, Lanisha Busby, defendants-respondents. (Index No. 138/03)
| 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, Dutchess County, dated September 14, 2005.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until March 30, 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
M36145
J/sl
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2005-06277
Leba Sonneberg, respondent, v Milton Sonneberg, appellant. (Index No. 203914/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered May 26, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 21, 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
M36150
S/sl
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2005-08395
Faun Thai, respondent, v Mohammad B. Butt, et al., appellants. (Index No. 14175/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 13, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 3, 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
M36134
S/sl
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2005-10872
Laurie Tropeano, plaintiff, v Steven Tropeano, defendant. (Action No. 1) (Index No. 11260-03) Kimberly Fischer, etc., appellant, v Laurie Tropeano, respondent. (Action No. 2) (Index No. 13296-05) Brent Albala, etc., plaintiff, v Laurie Tropeano, defendant. (Action No. 3) (Index No. 13297-05)
| 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, Suffolk County, dated October 31, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 21, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36126
T/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2006-00315 Washington Mutual Bank, F.A., respondent, v Margie Horowitz, appellant, et al., defendants. (Index No. 3949/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated November 3, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36143
S/sl
|
2005-06200
Stephanie Weekes, appellant, v New York City Housing Authority, respondent. (Index No. 35904/04)
| 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, Kings County, dated May 9, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 16, 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
M36108
A/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
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2004-01521 Welsbach Electric Corp., respondent, v MasTec North America, Inc., appellant.
(Index No. 231/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated January 6, 2004, which was determined by decision and order of this court dated November 28, 2005, or, in the alternative, for leave to appeal to the Court of Appeals pursuant to CPLR 5602(b)(1) 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 branch of the motion which is for leave to reargue is denied; and it is further,
Appellate Division: Second Judicial Department
M36154
O/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2006-01156 In the Matter of Frank Cantone, respondent, v Annmarie Manceri, appellant. (Index No. 21983-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated January 24, 2006, which directed visitation between the respondent and subject child for the three-week period beginning January 24, 2006, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic as the subject three-week period has expired.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36057
A/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2006-00804 In the Matter of Patrick Connolly, etc., et al., appellants, v Rye School District, et al., respondents. (Index No. 12942/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Westchester County, dated January 3, 2006, pending hearing and determination of an appeal therefrom, and to enjoin the respondents from preventing Reid Connolly's attendance at the schools of the respondent Rye School District.
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 enforcement of the judgment dated January 3, 2006, is stayed, and the respondents are enjoined from preventing Reid Connolly's attendance at the schools of the respondent Rye School District, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 7, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 7, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondents' brief shall be served and filed on or before March 21, 2006; and it is further,
ORDERED that the appellants' reply brief shall be served and filed on or before March 28, 2006.
SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36060
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
ROBERT A. LIFSON, JJ.
|
2005-11418
In the Matter of Anna Thea Conrad, an attorney and counselor-at-law. (Attorney Registration No. 4279287)
| DECISION & ORDER ON APPLICATION |
Application by Anna Thea Conrad, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 27, 2005, to change her name on the roll of attorneys and counselors-at-law to Anna Thea Bridge.
Upon the papers submitted in support of the application, it is
ORDERED that the application is granted; and it is further,
ORDERED that the Clerk of the Court shall change the applicant's name on the roll of attorneys and counselors-at-law, from Anna Thea Conrad to Anna Thea Bridge, effective immediately.
PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36152
S/sl
|
2005-08675
In the Matter of Joan Marie Fotiades, deceased. Daphne Fotiades, appellant; Gregory Fotiades, et al., respondents. (File No. 519/01)
| 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 Surrogate's Court, Suffolk County, dated September 1, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 1, 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
M36114
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2006-00200 In the Matter of Lisa Hassell, appellant, v Wilfredo Padro III, respondent; Christine Thompson, nonparty-appellant. (Docket Nos. V-00079-4, V-00294-04)
| DECISION & ORDER ON MOTION |
Appeals by Lisa Hassell and Christine Thompson from an order of the Supreme Court, Queens County (IDV Part), dated December 22, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal by Christine Thompson is dismissed, without costs or disbursements, as she is not aggrieved by the order appealed from (see CPLR 5511).
SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36059
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
PETER B. SKELOS, JJ.
|
2005-10071
In the Matter of Richard Jeffrey Sanna, a disbarred attorney. (Attorney Registration No. 1268754)
| DECISION & ORDER ON MOTION |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 16, 1977. By opinion and order of this court dated February 26, 1990, the respondent was disbarred, based upon his plea of guilty on February 7, 1989, in the Supreme Court, Suffolk County, to grand larceny in the third degree in violation of Penal Law §155.35, a class D felony.
Upon the papers filed in support of the present motion and the papers filed in response thereto, it is
ORDERED that the motion is denied.
We find that the respondent does not demonstrate the requisite character and fitness to practice law.
PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36105
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-09687 In the Matter of Richard R. Simpson, appellant, v Beata Ptaszynska, respondent. (Docket No. V-02772-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue a prior motion for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 13, 2005, as a poor person, and to waive the filing fee, which was determined by decision and order on motion of this court dated January 4, 2006, and to recall and vacate so much of the decision and order on motion dated January 4, 2006, as dismissed the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion dated January 4, 2006, as dismissed the above-entitled appeal is granted to the extent that so much of the decision and order on motion of this court dated January 4, 2006, as dismissed the appeal from so much of the order dated September 13, 2005, as denied the reopening of the custody hearing is recalled and vacated; that portion of the appeal is reinstated and that branch of the motion is otherwise denied; and it is further;
ORDERED that the branch of the motion which is for leave to reargue is granted, upon reargument of the appellant's motion for leave to proceed as a poor person and to waive the filing fee is granted; 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 filing fee is waived.
SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36149
O/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2004-05679 In the Matter of St. Thomas Malankara Orthodox Church, Inc., Long Island, respondent, v Board of Appeals, Town of Hempstead, appellant. (Index No. 4332/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered May 10, 2004, which was determined by decision and order of this court dated November 28, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., ADAMS, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36160
J/sl
|
2005-08328 In the Matter of VFP Realty, LLC, et al., petitioners, v Meenakshi Srinivasan, etc., et al., respondents. (Index No. 407/05)
| ORDER ON APPLICATION |
Application by the petitioners pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated August 18, 2005.
ORDERED that the application is granted and the petitioners' time to perfect the proceeding is enlarged until April 19, 2006, and the record or appendix on the proceeding and the petitioners' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36147
T/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-10254 The People, etc., respondent, v William Holub, Jr., appellant. (Ind. No. 1225/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered November 13, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic, as the time of the appellant pro se to serve and file a supplemental brief was enlarged until March 30, 2006, by decision and order on motion of this court dated January 27, 2006.
MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36116
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2004-10073, 2004-10462 The People, etc., respondent, v Manuel Inga, appellant. (Queens County Ind. No. 3327/02) (Kings County Ind. No. 4375/04)
| ORDER TO SHOW CAUSE |
Motions by the attorney assigned to represent the appellant on appeals from a judgment of the Supreme Court, Queens County, rendered October 27, 2004, under Indictment No. 3327/02, and a judgment of the Supreme Court, Kings County, rendered October 21, 2004, under Indictment No. 4375/04, inter alia, to be relieved on the ground that the appellant has been deported.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that on the court's own motion the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit on that issue in the office of the Clerk of this court on or before March 17, 2006; and it is further,
ORDERED that the motion by the appellant's assigned counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.
MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36112
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2004-05915 The People, etc., respondent, v Mark Martin, appellant. (Ind. No. 03-00936)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se (1) for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 15, 2004, and to be furnished with a copy of the typewritten transcript of the proceedings, if any, and (2) to enlarge the record on appeal to include the minutes of the Grand Jury proceedings
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any (other than the minutes of the Grand Jury proceedings), and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney;
ORDERED that the branch of the motion which is to enlarge the record is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the Grand Jury 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; and it is further,
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36128
E/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2006-01171 The People, etc., respondent, v John McCormick, defendant. (Ind. No. 2572/05)
| DECISION & ORDER ON MOTION |
Motion by the defendant for a change of venue of the trial of Nassau County Indictment No. 2572/05 from the County Court, Nassau County, to another county.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the defendant may renew his application for a change of venue, if necessary, after the completion of the voir dire, and the motion is otherwise denied as premature (see People v Boudin, 95 AD2d 463).
PRUDENTI, P.J., FLORIO, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M36117
S/sl
|
2005-05254
The People, etc., appellant, v Sean Overton, respondent. (Ind. No. 10733/04)
| 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 a sentence of the Supreme Court, Queens County, imposed May 11, 2005.
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged, and the respondent's brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court