APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8663
L/
|
2003-07555 Sultan Ali, Jr., etc., et al., respondents, v Osmen Mehmet, et al., defendants, George Lambert, appellant. (Index No. 1206/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated July 23, 2003.
Upon the stipulation of the parties, dated February 23, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8696
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2002-11428 Dario DeJesus Hincapies, appellant, v New York City Transit Authority, respondent. (Index No. 22323/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated November 27, 2002, which was determined by decision and order of this court dated November 24, 2003, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., SMITH, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8669
PL/sl
|
2003-07963 Loretta Katzburg, respondent, v Peter Katzburg, appellant. (Index No. 12609/00)
| 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, Suffolk County, entered July 14, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8706
S/sl
|
2003-09032 Ilias Lelekakis, et al., appellants, v Stanley Kamamis, et al., defendants; Ackerman, Levine, Cullen, Brickman, & Limmer, LLP, nonparty-respondent. (Index No. 28566/01)
| 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, Queens County, dated July 17, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 18, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8593
S/sl
|
2003-06274 Robert Levy, appellant, v Waldbaum, Inc., respondent. (Index No. 7754/01)
| 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 May 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M 8698
O/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2002-06787, 2002-07837 Robert Martin, et al., respondents, v Group Health Incorporated, appellant. (Index No. 032677/95)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue appeals from an order and a judgment of the Supreme Court, Nassau County, dated June 21, 2002, and July 24, 2002, respectively, which were determined by decision and order of this court dated December 1, 2003, 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.
ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8671
S/sl
|
2003-05928
NYCTL 1997-1 Trust, et al., respondents, v Moises A. Vila, appellant, et al., defendants. (Index No. 45357/99)
| 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 March 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 24, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8643
Y/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
SONDRA MILLER
ROBERT W. SCHMIDT, JJ.
|
2002-10464 Dennis O'Gorman, et al., appellants, v Journal News Westchester, etc., et al., respondents, et al., defendants. (Index No. 5983/00)
| 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 December 29, 2003, which determined an appeal from an order of the Supreme Court, Rockland County, dated October 31, 2002.
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., SANTUCCI, S. MILLER and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8704
S/sl
|
2003-08335 George Thomas Riley, et al., respondents, v White Plains Hospital Center, et al., defendants, Jonathan Greenberg, etc., et al., appellants. (Index No. 12480/00)
| 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 26, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 5, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8642
Y/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09294 Sanford Avenue Realty Co., LLC, respondent, v Rafael Reynoso, appellant. (Index No. 75216/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay execution of a warrant of eviction pending hearing and determination of an appeal, by permission, from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 7, 2003.
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 execution of the warrant of eviction is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before April 5, 2004, and (2) the appellant timely pays the rent for the subject premises by cash or certified check; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 5, 2004, or the appellant does not timely pay the rent for the subject premises by cash or certified check, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8674
PL/sl
|
2003-04094 Sidney B. Browne & Son, LLP, appellant, v Parr Development Corp., et al., respondents. (Index No. 18735/99)
| 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, entered April 9, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8662
O/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00615 Thomas Sorrenti, plaintiff, v Steve Shane, d/b/a Shane's Towing, Inc., et al., defendants. (Index No. 75804/01)
| DECISION & ORDER ON MOTION |
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 December 26, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8670
S/sl
|
2003-06269 Kathleen P. Terry, appellant-respondent, v William S. Terry, respondent-appellant. (Index No. 7265/85)
| ORDER ON APPLICATION |
Application by the appellant-respondent 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 9, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until March 29, 2004, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8667
S/sl
|
2003-06156
2001 Commerce Street Corporation, appellant, v Star Enterprise, et al., respondents.
(Index No. 18956/99)
| 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, Westchester County, dated June 16, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8478
M/nal
|
2004-01282 In the Matter of Amy Bauso, appellant, v Daniel Bauso, respondent. (Docket Nos. V-12703/01, V-12966/01)
| SCHEDULING ORDER |
Appeal by Amy Bauso from an order of the Family Court, Queens County, dated January 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8672
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-10063 In the Matter of Rebecca L. DeBono, respondent, v Francis DeBono, appellant. (Docket No. O-9669/03)
| DECISION & ORDER ON MOTION |
Appeal by Francis DeBono from an order of the Family Court, Nassau County, dated September 30, 2003. By order to show cause dated January 30, 2004, 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 December 17, 2003, issued pursuant to 22 NYCRR 670.4(a) by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 17, 2003 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8705
E/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-10715
In the Matter of Ayinde Fair, appellant, v Children's Aid Society, et al., respondents. (Docket No. P-16829/03)
| DECISION & ORDER ON MOTION |
Motion by appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated October 28, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the scheduling order dated January 6, 2004, is amended to provide 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 brief on the appeal is enlarged until April 19, 2004.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8710
E/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-06729 In the Matter of Luz Maria Feliciano, respondent, v Samuel Feliciano, Jr., appellant. (Docket No. V-03291/03)
| DECISION & ORDER ON MOTION |
Appeal by Samuel Feliciano, Jr., from an order of the Family Court, Queens County, dated July 1, 2003. By order to show cause dated January 30, 2004, 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 September 2, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 2, 2003 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8480
M/nal
|
2004-01435 In the Matter of Suzanne Grettler, respondent, v Robert Grettler, appellant. (Docket No. F-8705/02)
| SCHEDULING ORDER |
Appeal by Robert Grettler from an order of the Family Court, Suffolk County, dated January 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8701
C/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-05551 In the Matter of Shaquana K. (Anonymous). St. Christopher's, Inc., respondent; Valerie K. (Anonymous), appellant. (Docket No. B-9440-01)
| DECISION & ORDER ON MOTION |
Appeal by Valerie K. from an order of the Family Court, Kings County, dated March 28, 2003. By decision and order on motion of this court dated October 6, 2003, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew, on or before November 7, 2003, upon the submission of proper papers establishing that she is entitled to poor person relief and is interested in pursuing the appeal. The appellant has not renewed that motion, and no steps have been taken to perfect the appeal. By order to show cause dated February 6, 2004, the appellant and the other parties to this appeal or their counsel were directed to show cause before this court why an order should or should not be entered dismissing the appeal as abandoned.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed as abandoned, without costs or disbursements
(see 22 NYCRR 67008[e]).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8676
S/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-00481, 2003-00483
In the Matter of Nicole Knight, et al., respondents, v Christopher Griffith, appellant. (Proceeding No. 1) (Docket No. V-09410-02) In the Matter of Nicole Knight, et al., respondents, v Cheryl D. Griffith, appellant. (Proceeding No. 2) (Docket No. V-16275-02)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court |
On the court's own motion, it is
ORDERED that counsel assigned to prosecute appeals from a judgment of the Family Court, Kings County, dated November 22, 2002, and an order of the same court, dated November 22, 2002, is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned.
The appellant's motion for assignment of counsel was granted on March 21, 2003, and the following named attorney was assigned to prosecute the appeals:
Larry Margolis, Esq.
305 Broadway #602
New York, New York 10007
and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeals:
Mark Diamond, Esq.
Box 1805
Murray Hill Station
New York, New York 10016
(212) 889-0897
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.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8482
M/nal
|
2004-01610 In the Matter of Tony L. (Anonymous), appellant. (Docket No. D-20676/02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated February 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8691
C/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-05339 In the Matter of Patricia Liccese Lofti, respondent, v Parviz Lofti, appellant. (Docket No. V-1526-94)
| DECISION & ORDER ON MOTION |
Appeal by Parviz Lofti from an order of the Family Court, Suffolk County, dated May 15, 2003. By order to show cause dated January 30, 2004, 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 December 17, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 17, 2003.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8661
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2004-01675 In the Matter of Deloris Maddicks, petitioner- respondent, v Andrea Taylor (deceased), respondent, Johnny Bryant, appellant. (Docket No. V-10791-03)
| DECISION & ORDER ON MOTION |
Appeal by Johnny Bryant from an order of the Family Court, Queens County, dated August 27, 2003.
On the court's own motion, it is
ORDERED that the appeal is dismissed without costs or disbursements, as no appeal lies from an order entered upon the appellant's default (see CPLR 5501).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8687
O/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-05069 In the Matter of Paul S. Mayer, appellant, v Colleen F. Mayer, respondent. (Docket No. F-2692-02)
| DECISION & ORDER ON MOTION |
Appeal by Paul S. Mayer from an order of the Family Court, Orange County, dated April 28, 2003. By order to show cause dated January 28, 2004, 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 the scheduling order dated December 15, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 15, 2003 (see 22 NYCRR 670.4[a][5]).
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8666
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-11089 In the Matter of John Meyers, appellant, v Wendy Beiner, respondent. (Docket No. F-00484/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, entered November 24, 2003, for leave to reargue those branches of her prior motion which were for a free transcript, waiver of the filing fee, and for the assignment of counsel, which were determined by decision and order on motion of this court dated January 28, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated February 6, 2004, is amended to provide 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 brief on the appeal is enlarged until April 20, 2004.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8665
C/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-10838 James Murray, appellant, v New York State Commissioner of Social Services, et al., respondents. (Index No. 12392/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to enjoin the respondents from discontinuing his emergency shelter pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 18, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8668
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-02283, 2003-02287, 2003-02290 In the Matter of Margaret Murray, et al., petitioners-respondents, v Dennis Whalen, et al., appellants, John Wingate, etc., respondent-respondent. (Index No. 3392/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect appeals from three orders of the Supreme Court, Suffolk County, dated March 7, 2000, July 24, 2001, and January 13, 2003, respectively.
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 appellants' time to perfect the appeals is enlarged until March 15, 2004, and the record or appendix on the appeals and the appellants' 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.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8490
M/nal
|
2004-01530 In the Matter of George Palm, respondent, v Josephine Palm, appellant. (Docket Nos. F-4630/03, F-4631/03)
| SCHEDULING ORDER |
Appeal by Josephine Palm from an order of the Family Court, Orange County, dated January 8, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8484
M/nal
|
2004-01620 In the Matter of Shaheim S. (Anonymous), appellant. (Docket No. D-03278/02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated February 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8108
F/
THOMAS A. ADAMS, J.
|
2004-00370 The People, etc., plaintiff, v Derrick Bonilla, a/k/a Derick Bonilla, a/k/a Daniel Marin, defendant. (Ind. No. 6468/95)
| 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 December 9, 2003, 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
M8330
K/sl
THOMAS A. ADAMS, J.
|
2003-08413 The People, etc., plaintiff, v Valance Cole, defendant. (Ind. No. 867/86)
| 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 September 12, 2003, which was determined by me on November 19, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8660
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2002-07161 The People, etc., respondent, v Lavel Frasier, appellant. (Ind. No. 53/01)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Kings County, dated May 31, 2002.
On the court's own motion, it is
ORDERED that the appeal is dismissed as the order dated May 31, 2002, is not appealable as of right or by permission (see CPL 450.10; 450.15).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8699
S/sl
|
2002-03471
The People, etc, respondent, v Shatoya Lofton, appellant.
(Ind. No. 331/01)
| 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 a judgment of the County Court, Suffolk County, rendered March 28, 2002.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8338
F/
SONDRA MILLER, J.
|
2004-00203 The People, etc., plaintiff, v Vincent McCollum, defendant. (Ind. No. 1776/86)
| 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 November 26, 2003, 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.
SONDRA MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8656
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2001-07508 The People, etc., respondent, v Edward Myles, appellant. (Ind No. 2449/98)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 1, 2001, and, in effect, to discontinue the appeal without prejudice to reinstatement.
Upon the papers filed in support of the motion 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 entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before April 2, 2004; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion, to be relieved of the assignment to prosecute the appeal and, in effect, to discontinue the appeal, is held in abeyance in the interim.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8595
F/
SONDRA MILLER, J.
|
2004-00717 The People, etc., plaintiff, v Ricky Panawoty, defendant. (Ind. No. 3534/00)
| 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 December 23, 2003, 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.
SONDRA MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8673
S/sl
|
2004-00145 The People, etc., appellant, v Frank Sluszka and Joseph Carnes, respondents. (Index No. 1796/03)
| 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 County Court, Nassau County, dated November 17, 2003.
ORDERED that the application is granted and 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 its brief on the appeal is enlarged until April 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8675
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-04800 The People, etc., respondent, v Antoine Stanley, appellant. (Ind. No. 01-01536)
| DECISION & ORDER ON MOTION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Westchester County, rendered April 29, 2003.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8651
K/sl
FRED T. SANTUCCI, J.
|
2003-09226 The People, etc., plaintiff, v Kelvin Subgidio, defendant. (Ind. No. 99-00095)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of his prior application 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, Rockland County, dated September 30, 2003, which was determined by me on January 7, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8145
K/sl
THOMAS A. ADAMS, J.
|
2004-00871 The People, etc., respondent, v Timothy Sweeney, appellant. (Ind. No. 659/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered January 29, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
THOMAS A. ADAMS
Associate Justice