APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8363
M/mv
|
2004-01322 Malka Adlerstein, appellant, v Joseph Adlerstein, respondent. (Index No. 261/02)
| SCHEDULING ORDER |
Appeal by Malka Adlerstein from an order of the Supreme Court, Queens County, dated January 6, 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 Supreme 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 Supreme 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
M8647
M/nal
|
2003-08896, 2003-08897, 2003-08898 Frederick Assini, respondent, v Linda Assini, appellant. (Index No. 23026/92)
| SCHEDULING ORDER |
Appeals by Linda Assini from three orders of the Supreme Court, Kings County, dated August 5, 2003, September 5, 2003, and September 12, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on February 25, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8774
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01774 Marc B. Benowitz, respondent, v Traci G. Benowitz, appellant. (Index No. 023709/02)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a decision of the Supreme Court, Suffolk County, dated January 26, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8735
Y/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-06650 Jose Luis Berrios, appellant-respondent, v TEG Management Corp., etc., respondent- appellant, Manchester, LLC, respondent. (Index No. 28210/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay enforcement of stated portions of an order of the Supreme Court, Queens County, dated June 16, 2003. Cross motion by the respondent- appellant, inter alia, to dismiss the complaint for the appellant-respondent's failure to comply with the order, dated June 16, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8786
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01014 Pradeep Bhashyam, et al., respondents, v Joy Marks, appellant, et al., defendants. (Index No. 6011/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the enforcement of an order of the Supreme Court, Rockland County, dated January 7, 2004, 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.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8775
S/sl
|
2003-07614, 2003-07615 Gail Fanelli, appellant, v George Fanelli, respondent. (Index No. 11640/00)
| 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 appeals from an order of the Supreme Court, Westchester County, entered March 20, 2002, and a judgment of the same court, dated August 11, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 28, 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
M8648
M/mv
|
2003-11036 Eva Ferro, appellant, v William Ferro, respondent. (Index No. 26785/99)
| SCHEDULING ORDER |
Appeal by Eva Ferro from a judgment of the Supreme Court, Queens County, dated October 27, 2003. By decision and order of this court dated February 20, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme 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 Supreme Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8719
Y/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09033 Paul Galletta, appellant, v Snapple Beverage Corp., respondent. (Index No. 28211/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue its prior motion to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 27, 2003, on the ground that the appeal was not timely taken, which was determined by decision and order on motion of this court dated December 12, 2003, or 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.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8733
O/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-02148 Household Bank (SB), N.A., respondent, v Steve N. Mitchell, appellant. (Index No. 1028/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated January 27, 2003, to reargue a motion to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal, which was determined by decision and order on motion of this court dated December 15, 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 upon reargument, it is
ORDERED that the motion to waive the requirements of 22 NYCRR 670.10(g) is granted; and it is further,
ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged until April 5, 2004, and the respondent's brief shall be served and filed on or before that date.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8790
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01538 Household Finance Realty Corporation of New York, respondent, v Samuel Anderson, appellant, etc., et al., defendants. (Index No. 11813/00)
| DECISION & ORDER ON MOTION |
Appeal by the defendant Samuel Anderson from a purported order of the Supreme Court, Richmond County, dated January 23, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the purported order is not appealable by right or by permission (see CPLR 5701; 5704).
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8819
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-06092 Kathleen LaRocca, appellant, v Pleasant Valley Little League Baseball, et al., respondents. (Index No. 1469/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated June 11, 2003.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until April 12, 2004, and the respondents' brief must be served and filed on or before that date.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8740
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-04781 Eugene Lipschitz, respondent, v Peter McCann, etc., et al., defendants, Gary Cohen, etc., et al., appellants. (Index No. 30999/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated April 15, 2003, to strike portions of the respondent's brief, on the ground that it refers to matters dehors the record, and to enlarge their time to serve and file a reply brief.
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 strike portions of the respondent's brief is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until March 19, 2004, and the reply brief must be served and filed on or before that date.
FLORIO, J.P., SCHMIDT, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8793
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01878 Carol L. Manzo, appellant, v Thomas J. Manzo, respondent. (Index No. 505/03)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a decision of the Supreme Court, Suffolk County, dated February 4, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8791
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01426 Maplewood, Inc., appellant, v Andrew J. Wood, et al., respondents. (Index No. 5177/00)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a jury verdict embodied in an extract of trial minutes of the Supreme Court, Nassau County, entered January 27, 2004.
Now, on the court's own motion it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a jury verdict embodied in an extract of the trial minutes (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591).
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8781
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01042 Thomas E. Meyer, et al., appellants, v Joseph Martin, et al., defendants, Modern Italian Bakery of West Babylon, Inc., et al., respondents.
(Index No. 26620/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 21, 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 denied.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8741
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-06704 New York and Presbyterian Hospital, a/a/o Robert Lewis, et al., respondents, v Elrac, Inc., d/b/a Enterprise Rent-A-Car, appellant. (Index No. 3938/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered June 5, 2003, on the ground that the notice of appeal is incomplete and confusing.
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 on the court's own motion, the notice of appeal dated June 26, 2003, is deemed corrected to reflect that it is a notice of appeal from the judgment entered June 5, 2003 (see CPLR 2001; Matter of Tagliaferri v Weiler, __________NY3d__________ [Feb. 12, 2004]).
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8750
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-06016 Diane Ng, et al., plaintiffs-appellants, v Super World Trade Construction Co., defendants; Marx & Aceste, LLP, nonparty-appellant; Kravet & Hoefer, P.C., nonparty-respondent. (Index No. 30976/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a purported order of the Supreme Court, Kings County, dated May 8, 2003, on the ground that the purported order is only a report of a referee from which no appeal lies.
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 appeal is dismissed, without costs or disbursements (see Matter of Adomoski, 7 AD2d 864); and it is further,
ORDERED that on the court's own motion, the stay granted by decision and order on motion of this court dated August 4, 2003, is vacated.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8783
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-03892 Noble Drew Ali Plaza Tenants Association, et al., respondents, v Noble Drew Ali Plaza Housing Corp., et al., defendants, Zvi Kaufman, a/k/a Steve Kaufman, et al., appellants. (Index No. 53655/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 7, 2003, on the ground that the appeal has been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is held in abeyance and is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8824
L/
|
2003-03474 Rosemary Roldan, appellant, v Seamans Furniture Company, Inc., respondent. (Index No. 7879/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8771
S/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-04598 Graham Sanford, respondent, v Computing Group, a/k/a TCG, n/k/a Identex Limited, et al., appellants.
(Index No. 99-25411)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated May 6, 2003, to stay the trial in the above-entitled action and to enlarge the record on appeal to include the appellants' answers to the complaint.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal (see Sanford v Computing Group, ______ AD2d ______ [2d Dept., March 8, 2003]).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8785
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-05984 Wainco Funding, respondent, v James L. Young, etc., appellant, et al., defendants. (Index No. 21109/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 19, 2003, on the ground that the appeal has been rendered academic as the action has been discontinued.
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 appeal is dismissed, without costs or disbursements.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8747
A/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
BARRY A. COZIER, JJ.
|
2003-02238 Eugene L. Wasserman, etc., respondent, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 47659/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated January 29, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 10, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., SMITH, GOLDSTEIN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8654
M/nal
|
2003-02705 In the Matter of My'kia A. (Anonymous). Westchester County Department of Social Services, respondent; Idrissa S. (Anonymous), appellant. (Docket No. N-158-02)
| SCHEDULING ORDER |
Appeal by Idrissa S. from an order of the Family Court, Westchester County, dated February 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 27, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M8650
M/nal
|
2003-04594 In the Matter of Brandy Cambridge, appellant, v Scott Alan Cambridge, respondent. (Docket No. V-11733-98)
| SCHEDULING ORDER |
Appeal by Brandy Cambridge from an order of the Family Court, Queens County, dated May 13, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until March 31, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8770
A/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2002-07669 In the Matter of Stephen Cole-Hatchard, appellant, v William Sherwood, etc., et al., respondents. (Index No. 7555/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue an appeal from a judgment of the Supreme Court, Rockland County, dated July 22, 2002, which was determined by decision and order of this court dated October 27, 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., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8777
M/mv
|
2004-01827 In the Matter of Charisma Mahilya D. (Anonymous). Seamen's Society for Children & Families, respondent; Carolyn D. (Anonymous), appellant. (Docket No. B-7754-02)
| SCHEDULING ORDER |
Appeal by Carolyn D. from an order of the Family Court, Kings County, dated January 23, 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
M8646
M/nal
|
2003-04859 In the Matter of Rosalee D. (Anonymous). Suffolk County Department of Social Services, respondent; Lisa Z. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-13379-02) In the Matter of Joey D. (Anonymous). Suffolk County Department of Social Services, respondent; Lisa Z. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-13380-02) In the Matter of Glenn D. (Anonymous). Suffolk County Department of Social Services, respondent; Lisa Z. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-13381-02) In the Matter of Lisa Z. (Anonymous). Suffolk County Department of Social Services, respondent; Lisa Z. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-13382-02)
| SCHEDULING ORDER |
Appeal by the mother Lisa Z. from an order of the Family Court, Suffolk County, dated April 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 27, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8731
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-10448, 2003-10451
In the Matter of Dutchess County Department of Social Services, o/b/o Sharon Fleming, respondent, v George Wilson, appellant. (Docket Nos. P-5417/02, P-0533/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Dutchess County, dated October 26, 2003, and November 6, 2003, respectively, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated October 26, 2003, is dismissed, without costs or disbursements, as it is not appealable as of right (see Family Ct Act § 1112 [a]), and we decline to grant leave to appeal; in any event, the issues raised on the appeal from that order are brought up for review on the appeal from the order dated November 6, 2003; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated November 6, 2003, as a poor person and for the assignment of counsel 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8787
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-04061, 2003-04062, 2003-04063, 2003-04064 In the Matter of Antonette Alasha E. (Anonymous). Concord Family Services, Inc., respondent; Chrisella E. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-6460-02) In the Matter of Anthony Lawrence C. (Anonymous). Concord Family Services, Inc., respondent; Chrisella E. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-6461-02) In the Matter of "Baby Boy" E. (Anonymous). Concord Family Services, Inc., respondent; Chrisella E. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-6462-02) In the Matter of Zaire Cozine E. (Anonymous). Concord Family Services, Inc., respondent; Chrisella E. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-6463-02)
| DECISION & ORDER ON APPLICATION |
Application by the Law Guardian pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on appeals from four orders of the Family Court, Kings County, all dated March 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the Law Guardian's time to serve and file a brief is enlarged until April 9, 2004, and the Law Guardian'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.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8726
M/nal
|
2003-09092, 2003-09094 In the Matter of Cheeri T. E. (Anonymous), a/k/a Cheeri Temecca E. (Anonymous), a/k/a Cheeri E. (Anonymous). Child Development Support Corporation, respondent; Christopher D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-22631/00)
In the Matter of Chris T. E. (Anonymous), a/k/a Chris E. (Anonymous), a/k/a Chris T. D. (Anonymous). Child Development Support Corporation, respondent; Christopher D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-22632/00)
| ORDER TO SHOW CAUSE |
Appeals by Christopher D. from two orders of the Family Court, Kings County, both dated August 20, 2003. By scheduling order dated January 5, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated January 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 22, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8772
M/mv
|
2004-01794 In the Matter of Elizabeth Eggleton, appellant, v Geraldine Clark, respondent. (Docket Nos. V-16855-03, V-16856-03)
| SCHEDULING ORDER |
Appeal by Elizabeth Eggleton from an order of the Family Court, Suffolk County, dated January 26, 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
M8652
M/nal
|
2003-04216 In the Matter of David Friedman, respondent, v Jean Friedman, appellant. (Docket Nos. V-2354-02, V-2355-02, V-2357-02, V-2358-02)
| SCHEDULING ORDER |
Appeal by Jean Friedman from an order of the Family Court, Rockland County, dated February 25, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the law guardian to serve and file a brief on the appeal is enlarged until March 31, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8659
M/nal
|
2003-07243, 2003-07688, 2003-07690 In the Matter of Infinite G. (Anonymous). Administration for Children's Services, respondent, Danielle M. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-15498-01) In the Matter of D'Asia H. (Anonymous). Administration for Children's Services, respondent, Danielle M. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-15499-01)
| SCHEDULING ORDER |
Appeals by Danielle M. from an order of the Family Court, Queens County, dated December 19, 2002, and two orders of the same court both dated July 16, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until March 31, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8758
M/mv
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-09270
In the Matter of Hason Gibson, respondent, v Nakia Nolcox, appellant. (Docket No. V-472-02)
| DECISION & ORDER ON MOTION |
Appeal by Nakia Nolcox from an order of the Family Court, Orange County, dated September 2, 2003. By decision and order of this court dated January 15, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before February 19, 2004. The appellant has failed to do so.
On the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8760
M/mv
|
2004-01193 In the Matter of Canvas H. (Anonymous), appellant. (Docket No. D-18185/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7690
M/mv
|
2004-00482 In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominque L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004/03, N-1512/03, F-15540-02)
| SCHEDULING ORDER |
Appeal by Eric R. from an order of the Family Court, Suffolk County, entered December 15, 2003. By decision and order on motion of this court dated January 26, 2004, the appellant's motion to dispense with printing and to waive the filing fee was granted. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8808
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-05785
In the Matter of Michael Hopper, respondent, v Rosemary Almeda, appellant. (Docket No. V-16309/02)
| DECISION & ORDER ON MOTION |
Appeal by Rosemary Almeda from an order of the Family Court, Westchester County, dated June 6, 2003. By order to show cause dated January 14, 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 decision and order on motion of this court dated October 21, 2003, which granted the appellant's motion for leave to renew her motion for leave to prosecute the appeal as a poor person on or before November 21, 2003. The appellant has failed to do so.
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 decision and order on motion of this court dated October 21, 2003.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8780
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-03367, 2003-05612 In the Matter of Love Russell J. (Anonymous). Angel Guardian Children and Family Services, Inc., et al., respondents; Russell J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of January Stacey J. (Anonymous). Angel Guardian Children and Family Services, Inc., et al., respondents; Russell J. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B 5736/01, B 5737/01)
| DECISION & ORDER ON APPLICATION |
Application by the Law Guardian pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on appeals from two orders of the Family Court, Kings County, both dated March 6, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the Law Guardian's time to serve and file a brief is enlarged until April 9, 2004, and the Law Guardian'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.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8707
M/mv
|
2003-00095, 2003-00097, 2003-03472 In the Matter of Marion J. (Anonymous), et al., respondents, v Philip J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jazmone J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Ashley J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Zalika J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Ethan J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. O-08060-02, N-08069-02, N-8070-02, N-8071-02, N-8072-02)
| SCHEDULING ORDER |
Appeals by Philip J. from three orders of the Family Court, Queens County, dated June 4, 2002, June 13, 2002, and March 5, 2003, respectively. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]) , it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8810
S/sl
GABRIEL M. KRAUSMAN, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-01641, 2003-02993 In the Matter of Mary S. Kravitz, respondent, v Jeffrey P. Kravitz, appellant. (Docket Nos. V-98-1718, V-98-1719, V-98-1720, V-98-1721, O-01-815)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated November 20, 2003, in the above-entitled matter is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant to consolidate appeals from two orders of the Family Court, Nassau County, dated January 8, 2003 (Appellate Division Docket No. 2003-01641), and February 27, 2003 (Appellate Division Docket No. 2003-02993), 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 on the court's own motion, the appeal from the order dated January 8, 2003 (Appellate Division Docket No. 2003-01641) is dismissed, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,
ORDERED that the motion is denied as academic.
KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8767
M/mv
|
2004-00380 In the Matter of Franklin M. (Anonymous), appellant. (Docket No. D-10089-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Nassau County, dated January 2, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 4, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8645
M/nal
|
2002-05347 In the Matter of Deborah Mahoney, appellant, v Peter Hefter, respondent. (Docket No. V-1176/01)
| SCHEDULING ORDER |
Appeal by Deborah Mahoney from an order of the Family Court, Nassau County, dated April 9, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to serve and file a reply brief on the appeal is enlarged until March 19, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8649
M/nal
|
2002-10015 In the Matter of Jeffrey McG. (Anonymous), appellant; Commissioner of Social Services, respondent. (Docket No. S-05440-00)
| SCHEDULING ORDER |
Appeal by Jeffrey McG. from an order of the Family Court, Dutchess County, dated October 1, 2002. The appellant's brief was filed in the office of the Clerk of this court on March 3, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vasquez. Please contact him at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8708
C/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
SANDRA L. TOWNES, JJ.
|
2002-06179
In the Matter of Mitchell R. Miller, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Mitchell R. Miller, respondent.
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to renew and reargue a disciplinary proceeding instituted by the Grievance Committee for the Second and Eleventh Judicial Districts, which was determined by opinion and order of this court dated November 24, 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 to the extent that the opinion and order of this court dated November 24, 2003, is amended by adding to the penultimate sentence of the opinion, after the phrase "he presented no," the word "acceptable"; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8545
M/mv
|
2004-00204 In the Matter of James Moore, appellant, v Veronica Wallace, respondent. (Docket No. V-12735/03)
| SCHEDULING ORDER |
Appeal by James Moore from an order of the Family Court, Kings County, dated December 8, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the 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
M8789
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-07167 In the Matter of Treyvon N. (Anonymous). Administration for Children's Services, petitioner- respondent; Jean Q. (Anonymous), appellant; Latisha P. (Anonymous), respondent. (Docket No. N 1712/02)
| DECISION & ORDER ON MOTION |
Appeal by Jean Q. from an order of the Family Court, Richmond County, dated June 25, 2003. By order to show cause dated January 8, 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 November 25, 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 November 25, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8644
M/nal
|
2003-03079 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-101-02) In the Matter of Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-102-02) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-103-02)
| SCHEDULING ORDER |
Appeal by Lillian O. from an order of the Family Court, Westchester County, dated March 6, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vasquez. Please contact him at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8764
M/mv
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2004-01271 In the Matter of Stephen R. Penn, appellant, v Ingrid M. Penn, respondent. (Docket Nos. V-21834-03, V-21835-03)
| SCHEDULING ORDER |
Appeal by Stephen R. Penn 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 of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8655
M/nal
|
2001-08955 In the Matter of Natalie Pope, appellant, v Jonas Pope, respondent. (Docket No. 7543/00)
| SCHEDULING ORDER |
Appeal by Natalie Pope from an order of the Family Court, Westchester County, dated September 19, 2001. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellants's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 19, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8769
M/mv
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2004-01729, 2004-01730 In the Matter of Jamel Iasiah R. (Anonymous). Little Flower Children's Services, petitioner-respondent; Stacey B. (Anonymous), appellant, et al., respondent. (Docket No. B-02874-02)
| SCHEDULING ORDER |
Appeals by Stacey B. from two orders of the Family Court, Kings County, dated March 12, 2003, and January 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8515
M/mv
|
2003-09097 In the Matter of Kristina R. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 1) (Docket No. N-13342/01) In the Matter of Nelson R. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 2) (Docket No. N-13343/01) In the Matter of Gia T. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 3) (Docket No. N-13344/01)
| SCHEDULING ORDER |
Appeal by Margarita B. from an order of the Family Court, Kings County, dated September 16, 2003. By decision and order on motion of this court dated February 24, 2004, the following named attorney was assigned to prosecute the appeal:
Richard Cardinale, Esq.
26 Court Street #600
Brooklyn, New York 11242
(718) 624-9391
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated February 24, 2004, has been served upon the clerk of the court from which the appeal is taken, 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
M7456
M/mv
|
2004-00829 In the Matter of Lina Catalina R. (Anonymous). Suffolk County Department of Social Services, respondent; Leonaldo R. (Anonymous), appellant. (Docket Nos. B-2959/03, B-2960/03)
| SCHEDULING ORDER |
Appeal by Leonaldo R. 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
M8737
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2004-00115
In the Matter of Alexander Schettino, appellant, v Thomas A. Murphy, et al., respondents. (Index No. 6111/03)
| DECISION & ORDER ON MOTION |
Appeal by the petitioner from an order of the Supreme Court, Westchester County, entered November 26, 2003, which transferred the above-entitled proceeding pursuant to CPLR article 78 to this court pursuant to CPLR 7804(g).
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable (see CPLR 5701).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8714
E/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-09323 In the Matter of Dyshea T. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-14652/00 ) In the Matter of Rashawn P. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-07195/01 )
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated December 23, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal from a decision of the Family Court, Kings County, dated August 20, 2003, is treated as an application for leave to appeal from the order and leave to appeal is granted; and it is further,
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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Helene Chowes, Esq.
401 Broadway #1507
New York, New York 10013
(212) 431-9550
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8688
M/mv
|
2004-01295 In the Matter of Viktorya Urovish, appellant, v Igor Krishtul, respondent. (Docket No. F-01851/98)
| SCHEDULING ORDER |
Appeal by Viktorya Urovish from an order of the Family Court, Kings County, dated January 16, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7511
M/mv
|
2004-00825, 2004-00852 In the Matter of Angellica V.-M. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Justin P. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Abraham C. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Trianna V. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-15361/02, N-15364/02, N-15365/02, N-15366/02, N-15367/02, N-15368/02, N-15369/02, N-15370/02)
| SCHEDULING ORDER |
Appeals by the father Abraham C. from two orders of the Family Court, Suffolk County, both dated November 25, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8782
M/mv
|
2004-01877 In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Khalil W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. NN-2601/03, NN-2602/03, NN-2603/03, NN-04342/03, NN-04343/03)
| SCHEDULING ORDER |
Appeal by Suwauney W.-W. from an order of the Family Court, Dutchess County, dated January 30, 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 proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8821
M/mv
DAVID S. RITTER, J.
|
2004-01478 The People, etc., respondent, Linda Blake, appellant. (Ind. No. 03-00280)
| 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, Orange County, rendered February 27, 2004, and to release the appellant on her own recognizance.
Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is granted to the extent that execution of the judgment is stayed upon condition that the appellant post bail by the giving of an insurance company bail bond in the amount of $25,000, or by depositing the same sum as a cash bail alternative; and upon the further condition that the appellant surrender her passport to the Office of the District Attorney of the County of Orange prior to the posting of such bail; and it is further,
ORDERED that this stay shall terminate and be of no further effect upon the appellant's violation of the condition, or upon 60 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
DAVID S. RITTER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8718
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2001-10939 The People, etc., respondent, v Ernest Johnson, appellant. (Ind. No. 1123/00)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Nassau County, rendered December 6, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02-A-0040
Great Meadow Correctional Facility
Box 51
Comstock, New York 12821
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8720
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
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2002-10518 The People, etc., respondent, v Francesco Prainito, appellant. (Ind. No. 1952/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 31, 2003, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the defendant, in effect, for leave to reargue a prior motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered September 4, 2002, which was determined by decision and order on motion of this court dated January 7, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue is granted, and upon reargument, it is
ORDERED that the motion for an extension of time to take an appeal is granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal.
PRUDENTI, P.J., FLORIO, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8721
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2001-04170 The People, etc., respondent, v Juan Torres, appellant. (Ind. No. 470/99)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered April 30, 2001, and for assignment of new counsel, or, in the alternative, for leave to serve and file a supplemental pro se brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental pro se brief is granted; the District Attorney shall file the transcript of the proceedings, if any, 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; and it is further,
ORDERED that the motion is otherwise denied.
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.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8788
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
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2002-06610 The People, etc., respondent, v Amilcar Zelaya, appellant. (Ind. No. 1019-01)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 25, 2002, and to withdraw the appeal. By order to show cause dated November 25, 2003, the appellant was directed to show cause before this court why an order should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]), and the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto or in response to the order to show cause, it is
ORDERED that the branch of the motion which is to relieve assigned counsel from representing the appellant is granted; and it is further,
ORDERED that the appeal is dismissed as abandoned (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the branch of the motion which is to withdraw the appeal is denied as academic.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk