03-11-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR MARCH 11, 2005

TITLE	Case Number
Adams v Katara	2004-05410
Bains v Bains	2005-01994
Bank of New York v Ortiz	2004-00606
Bisnoff v Bisnoff	2004-07841
Brown v City of New York	2004-03536
Calian v Calian	2005-01467 +1
Calian v Calian	2005-01922
Cohen v Kretzschmar	2004-07573 +1
Cox v Nunez	2004-06116
Coyle v Coyle	2004-05054
"Doe" v Karpf	2005-01817
Green v Green	2004-08496 +1
Haberman v City of Long Beach	2004-05668
Jackson v Colvert	2004-08401
Knaster v Knaster	2005-01892
Mazza v Marcello	2004-07075
Morad v Morad	2004-08625
Pacinello v Cohen	2004-08065
Romeo v Ronald McDonald House	2004-07615
Sheridan v Town of Orangetown	2004-04056
Temple Bnai Sholom of Great Neck v Village of	2004-08604
Tornheim v Tornheim	2005-01859
Tornheim v Tornheim	2005-01860
Utica First Insurance Company v CDA Group, Lt	2004-07308
Weinberger v Holubar	2004-07128
White v Livingston Second Housing Development	2004-08478
Mtr of B. (Anonymous), George; Administration	2005-02010 +2
Mtr of Bassin, Deceased; Madeline, Annette Ba	2004-08346
Mtr of D. (Anonymous), Tyrell; Presentment Ag	2005-01686
Mtr of G. (Anonymous), Anna Marie, a/k/a C. (	2005-01773
Mtr of H. (Anonymous), Javon; Corporation Cou	2004-00630
Mtr of L. (Anonymous), Chris; Presentment Age	2005-01854 +1
Mtr of L. (Anonymous), Matrice; Corporation C	2005-02014 +1
Mtr of Leon-McCormack v Morris	2005-01016
Mtr of P. (Anonymous), Caleb; Dylan; Misty; M	2005-01498
Mtr of R. (Anonymous), Jennifer; Steven; Suff	2005-01540 +1
Mtr of R. (Anonymous), Joseph; Corporation Co	2005-02021
Mtr of Rendely v Town of Huntington	2005-02043
Mtr of Rentfro v Devon	2005-01768
Mtr of Tolkan v Morin	2005-02080 +1
Mtr of Townsend v Veal	2004-10939
Mtr of Y. (Anonymous), Er-Mei; Administration	2005-01172
Peo v Anthony, William	2004-09913
Peo v Cabezudo, Henry	2004-11227
Peo v Campbell, Winston	2004-09510
Peo v Cioffi, Kevin	2004-09022
Peo v Feliciano, Edwin	2003-09924
Peo v Hart, Keith	2004-08594
Peo v Hughley, Shanaye	2003-09928
Peo v Scalercio, Julius	2004-10774
Peo v Summers, Edward L.	1995-01449

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22638

Y/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-05410
Carl Adams, appellant,
v William A. Katara, et al., respondents.
(Index No. 2878/02)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated June 1, 2004, and cross motion by the appellant to enlarge time to perfect that appeal.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, the appellant's time to perfect the appeal enlarged until May 10, 2005, and the record and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time will be granted; and it is further,

ORDERED that the motion by the respondents' to dismiss the appeal is denied.

ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22536

M/nal

2005-01994
Manjinder Bains, respondent,
v Charanjit Bains, appellant.
(Index No. 21217/01)

SCHEDULING ORDER

Appeal by Charanjit Bains from an order of the Supreme Court, Queens County, dated January 4, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and 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 should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M22590

R/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-00606
Bank of New York, etc., respondent,
v Jaime Ortiz, et al., appellants,
et al., defendants.

(Index No. 7784/98)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 22, 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 granted; and it is further,

ORDERED that the appellants' time to perfect the appeal is enlarged until May 16, 2005, and the record or appendix on the appeal containing the material set forth in the report of the Supreme Court, Queens County, dated January 31, 2005, and the appellants' brief must be served and filed on or before that date.

RITTER, J.P., KRAUSMAN, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22645

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THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07841
George Bisnoff, appellant,
v Pammi Lazarus Bisnoff, respondent.
(Index No. 7841/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 11, 2004.

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 April 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22643

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2004-03536

Robert Brown, et al., plaintiffs-respondents,
v City of New York, et al., defendants third-party
plaintiffs-respondents; Raebeck Construction
Corp., third-party defendant-appellant.
(Index No. 38748/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 17, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before March 23, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22675

R/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-01467, 2005-01922
Stacie Calian, appellant,
v Eric Calian, respondent.
(Index No. 4982/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a decision of the Supreme Court, Westchester County, dated December 13, 2004, and an order of the same court dated January 27, 2005, inter alia, to stay enforcement of the support provisions of the order dated January 27, 2005, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, its decision and order on motion dated March 3, 2005, under Appellate Division Docket No. 2005-01467, which deemed the notice of appeal from the decision dated December 13, 2004, to be a premature notice of appeal from the order dated January 27, 2005, is recalled and vacated, on the ground that the appellant filed a notice of appeal from the order; and it is further,

ORDERED that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied.

FLORIO, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22524

M/nal

2005-01922
Stacie Calian, appellant,
v Eric Calian, respondent.
(Index No. 4982/00)

SCHEDULING ORDER

Appeal by Stacie Calian from an order of the Supreme Court, Westchester County, dated January 27, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M22636

S/sl

2004-07573, 2004-08259

Adelaide Cohen, appellant,
v Daniel Kretzchmar, et al., respondents.
(Index No. 208/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated August 11, 2004, and a judgment of the same court dated August 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until April 18, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22500

PL/sl

2004-06116
Maria Cox, et al., respondents,
v Ivelisse A. Nunez, defendant,
Lawrence Cox, appellant.
(Index No. 26386/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 5, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 18, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22680

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-05054
Susan Coyle, respondent,
v Timothy Coyle, appellant.

(Index No. 29072/01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 16, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated May 25, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged until April 11, 2005, and the respondent's brief shall be served and filed on or before that date.

H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22689

E/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2005-01817
"Jane Doe," appellant-respondent,
v Richard J. Karpf, respondent-appellant.

(Index No. 1078/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated February 1, 2005, pending hearing and determination of an appeal therefrom and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22693

O/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. LIFSON, JJ.

2004-08496, 2005-01124
Conrad Green, respondent, v
Louise Green, et al., appellants.

(Index No. 10037/93)

DECISION & ORDER ON MOTION

Motion by the appellant Marlene Haye, to consolidate appeals from two orders of the Supreme Court, Queens County, dated December 17, 2004, and January 4, 2005, respectively, and to declare that the orders are stayed pursuant to CPLR 5519(a)(5), or to stay enforcement of the orders pursuant to CPLR 5519(c), pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22614

R/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-05668
Sinclair Haberman, respondent-appellant,
v City of Long Beach, et al., appellants-respondents.

(Index No. 2715/00)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant, inter alia, to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, entered April 5, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,

ORDERED that the respondent-appellant's time to serve and file a brief is enlarged until April 11, 2005, and the respondent-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22670

J/sl

2004-08401
Willie Jackson, appellant,
v Pierre Colvert, respondent.
(Index No. 20336/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 29, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 9, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22493

M/nal

2005-01892
Valerie Knaster, respondent,
v Robert Knaster, appellant.
(Index No. 201532/00)

SCHEDULING ORDER

Appeal by Robert Knaster from a judgment of the Supreme Court, Nassau County, dated January 19, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22554

C/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-07075
Thomas Mazza, plaintiff, v
Robert Marcello, defendant;
Donald Freidman, P.C., nonparty-appellant;
Jacoby & Meyers, nonparty-respondent.
(Index No. 10224/00)

DECISION & ORDER ON MOTION

Motion by nonparty Donald Friedman, P.C., on an appeal from an order of the Supreme Court, Richmond County, dated July 23, 2004, to amend the notice of appeal to reflect that he, and not the plaintiff, is the proper appellant and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the amended notice of appeal filed with the Supreme Court, Richmond County, on January 28, 2005, is accepted for filing with this court (see Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until April 11, 2005, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22676

J/sl

2004-08625
Yosef Morad, appellant,
v Sandra Baer Morad, respondent.
(Index No. 16981/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered February 19, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 27, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22635

S/sl

2004-08065

Nicholas Pacinello, respondent,
v Scott R. Cohen, appellant.
(Index No. 11021/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered August 23, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22633

PL/sl

2004-07615
Pasquale Romeo, et al., appellants,
v Ronald McDonald House, et al. respondents.
(Index No. 32024/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 22, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 27, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22647

Y/sl

THOMAS A. ADAMS, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04056
Timothy Sheridan, appellant,
v Town of Orangetown, respondent.
(Index No. 0147/04)

DECISION & ORDER ON MOTION

Application by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated April 9, 2004, and to enlarge the record on appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge time is granted, the appellant's time to perfect the appeal is enlarged until May 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22669

J/sl

2004-08604
Temple Bnai Shalom of Great Neck, etc.,
appellant, v Village of Great Neck Estates,
et al., respondents, et al., defendants.
(Index No. 13603/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22501

M/nal

2005-01859
Uri Tornheim, appellant,
v Doreen Tornheim, respondent.
(Index No. 29640/99)

SCHEDULING ORDER

Appeal by Uri Tornheim from an order of the Supreme Court, Kings County, dated December 15, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22502

M/nal

2005-01860
Uri Tornheim, appellant,
v Doreen Tornheim, respondent.
(Index No. 29640/99)

SCHEDULING ORDER

Appeal by Uri Tornheim from an order of the Supreme Court, Kings County, dated January 21, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22667

S/sl

2004-07308
Utica First Insurance Company, appellant-
respondent, v CDA Group, Ltd., et al., respondents,
Construction Unlimited, Inc., et al, respondents-
appellants.
(Index No. 27850/01)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated July 12, 2004.

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until May 10, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22639

PL/sl

2004-07128
Gerald J. Weinberger, appellant,
v Bjorn J. Holubar, respondent.
(Index No. 20785/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated June 25, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 11, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22673

J/sl

2004-08478
Sean T. White, et al., respondents,
v Livingston Second Housing Development
Fund Corporation, appellant.
(Index No. 4671/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered August 31, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 20, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22529

M/nal

2005-02010, 2005-02012, 2005-02013
In the Matter of George B. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Maribel R. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 1)
In the Matter of Demi Marie B. (Anonymous),
a/k/a Demi B. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Maribel R. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 2)
In the Matter of Amanda Merry B. (Anonymous),
a/k/a Amanda B. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Maribel R. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 3 )
(Docket Nos. B-18195/00, B-18196/00, B-18197/00)

SCHEDULING ORDER

Appeals by Maribel R. from three orders of the Family Court, Kings County, all dated December 30, 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 proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22640

PL/sl

2004-08346
In the Matter of Annette Bassin, deceased.
Madeline Bassin, appellant; Joseph Bassin,
respondent.

(File No. 306341)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Nassau County, dated August 10, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22488

M/nal

2005-01686
In the Matter of Tyrell D. (Anonymous), appellant.
(Docket No. D-16589/04)

SCHEDULING ORDER

Appeal by Tyrell D. from an order of the Family Court, Queens County, dated January 26, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes 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,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22464

M/nal

2005-01773
In the Matter of Anna Marie G. (Anonymous), a/k/a
Anna Marie C. (Anonymous).
Jewish Child Care Association of New York,
petitioner-respondent; Abduel G. (Anonymous), a/k/a
Abdul G. (Anonymous), et al., appellants.
(Docket No. B-10322/01)

SCHEDULING ORDER

Appeal by Margarita C. from an order of the Family Court, Kings County, dated January 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial DepartmentM21698

A/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-00630

In the Matter of Javon H. (Anonymous),
appellant.
(Docket No. E-27043/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated December 23, 2003, to compel Milagros Martinez, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on September 17, 2003, in the above-entitled matter.

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 compel the court reporter, Milagros Martinez, to provide the stenographic transcripts of the proceedings which occurred on September 17, 2003, in the above-entitled matter is granted; and it is further,

ORDERED that on or before April 18, 2005, the court reporter, Milagros Martinez, shall either (1) personally deliver to Jack Rando, Supervising Court Reporter of the Family Court of the City of New York, a copy of her stenographic notes of the proceedings which occurred on September 17, 2003, in the above-entitled matter, or (2) make and file two copies of the transcripts of those proceedings with the Clerk of the Family Court, Kings County; and it is further,

ORDERED that in the event that court reporter Milagros Martinez, does not comply with this decision and order on motion within the time limits specified, the appellant may move to hold Milagros Martinez in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law; 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 Clerk of this Court shall issue a new scheduling order enlarging the appellant's time to perfect the appeal; and it is further,

ORDERED that on or before March 16, 2005, the Clerk of the court or his designee, shall serve the court reporter, Milagros Martinez, by mail at her last known address, with a copy of this decision and order on motion.

FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22522

M/nal

2005-01854, 2005-01858
In the Matter of Chris L. (Anonymous), appellant.
(Docket No. D-13931-04)

SCHEDULING ORDER

Appeals by Chris L. from two orders of the Family Court, Queens County, dated November 4, 2004, and January 19, 2005, respectively. 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 in the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22497

M/nal

2005-02014, 2005-02197
In the Matter of Matrice L. (Anonymous), appellant.
(Docket Nos. D-31095-03, D-6564-04)

SCHEDULING ORDER

Appeals by Matrice L. from two orders of the Family Court, Kings County, both dated February 3, 2005 (one under each docket number). Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22409

M/nal

2005-01016
In the Matter of Mydrith Leon-McCormack, respondent,
v Darren Morris, appellant.
(Docket No. F-3850-99)

SCHEDULING ORDER

Appeal by Darren Morris from an order of the Family Court, Kings County, dated January 6, 2005. By decision and order on motion of this court dated March 3, 2005, the following attorney was assigned as counsel on the appeal:

Michael Hueston, Esq.

26 Court Street - Suite 1815

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 proceeding 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 proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated , 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22586

M/nal

2005-01498

In the Matter of Caleb P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Anthony W. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Dylan P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Anthony W. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Misty P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Anthony W. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Molly P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Anthony W. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Sean P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Anthony W. (Anonymous), appellant.
(Proceeding No. 5)
In the Matter of Tyler P. (Anonymous).
Orange County Department of Social Services,
et al., respondents; Anthony W. (Anonymous), appellant.
(Proceeding No. 6)
(Docket Nos. N-888/04, N-889/04, N-890/04,
N-891/04, N-892/04, N-893/04)

DECISION & ORDER ON MOTION

Appeal by Anthony W. From an order of the Family Court, Orange County, dated June 4, 2004. By decision and order on motion of this court dated March 7, 2005, the following attorney was assigned as counsel on the appeal:

Del Atwell, Esq.

P.O. Box 25116

Montauk, New York 11964

(631) 267-2067

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 proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March 7, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22526

M/nal

2005-01540, 2005-01541
In the Matter of Jennifer R. (Anonymous).
Suffolk County Department of Social Services,
respondent; Steven R. (Anonymous), et al.,
appellants.
(Proceeding No. 1)
In the Matter of Steven R. (Anonymous).
Suffolk County Department of Social Services,
respondent; Steven R. (Anonymous), et al.,
appellants.
(Proceeding No. 2)
(Docket Nos. B-11328-03, B-11329-03
B-11334-03, B-11335-03)

SCHEDULING ORDER

Appeals by the mother, Gordana Kondon R. from two orders of the Family Court, Suffolk County, dated August 18, 2004, and January 31, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22532

M/nal

2005-02021
In the Matter of Joseph R. (Anonymous), appellant.
(Docket No. D-8083/04)

SCHEDULING ORDER

Appeal by Joseph R. from an order of the Family Court, Queens County, dated March 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22668

S/sl

BARRY A. COZIER, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-02043
In the Matter of Marie Rendely, respondent,
v Town of Huntington, etc., et al., appellants.
(Index No. 02-02640)

DECISION & ORDER ON MOTION

Appeal by the Town of Hungtington, the Huntington Zoning Board of Appeals, the individual members of the Huntington Zoning Board of Appeals, and other officials of the Town of Huntington, from a decision of the Supreme Court, Suffolk County, entered January 6, 2005.

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).

COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22479

M/nal

2005-01768
In the Matter of Sandra L. Rentfro, appellant,
v Fletcher Devon, et al., respondents.
(Docket Nos. V-29299-04, 29300-04)

SCHEDULING ORDER

Appeal by Sandra L. Rentfro from an order of the Family Court, Kings County, dated January 19, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22541

M/nal

2005-02080, 2005-02082
In the Matter of Mary Tolkan, respondent,
v James Morin, appellant.
(Docket No. F-2358/00 )

SCHEDULING ORDER

Appeals by James Morin from two orders of the Family Court, Queens County, both dated January 31, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(5) an affidavit or an affirmation withdrawing the appeals; and it is further,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22593

M/nal

2004-10939

In the Matter of Janeen Townsend, respondent,
v Michael Veal, appellant.
(Docket No. F-7305/04)

ORDER TO SHOW CAUSE

Appeal by Michael Veal from an order of the Family Court, Queens County, dated November 16, 2004. By scheduling order dated February 8, 2005, 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 proceedings to be transcribed for the appeal; 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) an affidavit or an affirmation withdrawing the appeal.

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 appeal in the above-entitled proceeding for failure to comply with the scheduling order dated February 8, 2005, 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 April 1, 2005; 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 of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22576

M/nal

2005-01172
In the Matter of Er-Mei Y. (Anonymous).
Administration for Children's Services, respondent;
Guo J. Y. (Anonymous), appellant.
(Docket No. N-09952-02)

SCHEDULING ORDER

Appeal by Guo J. Y. from an order of the Family Court, Queens County, dated December 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22655

Y/sl

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-09913
The People, etc., respondent,
v William Anthony, appellant.
(Ind. No. 2149/04)

DECISION & ORDER ON MOTION

Motion by the defendant pro se for leave to reargue his prior motion pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered May 4, 2004, which was decided by decision and order on motion of this court dated December 13, 2004.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and, upon reargument, the decision and order on motion of this court dated December 13, 2004, is recalled and vacated, and the appellant's prior motion to extend time to take an appeal is granted, and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered May 4, 2004.

ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M22398

ROBERT W. SCHMIDT, J.

2004-11227
The People, etc., plaintiff,
v Henry Cabezudo, defendant.
(Ind. No. 1349-99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated October 27, 2004, 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.

ROBERT W. SCHMIDT

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M22326

DANIEL F. LUCIANO, J.

2004-09510
The People, etc., plaintiff,
v Winston Campbell, defendant.
(Ind. No. 695/00)

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, Kings County, dated September 28, 2004, 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.

DANIEL F. LUCIANO

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M22642

S/sl

2004-09022

The People, etc., respondent,
v Kevin Cioffi, appellant.

(Ind. No. 6467/01)

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 Supreme Court, Kings County, dated April 26, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before April 21, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M22665

S/sl

2003-09924

The People, etc., respondent,
v Edwin Feliciano, appellant.
(Ind. No. 95/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 16, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 28, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M22324

DANIEL F. LUCIANO, J.

2004-08594
The People, etc., plaintiff,
v Keith Hart, defendant.
(Ind. No. 47/81)

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, Richmond County, dated August 20, 2004, 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.

DANIEL F. LUCIANO

Associate Justice

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Appellate Division: Second Judicial Department

M22666

S/sl

2003-09928

The People, etc., respondent,
v Shanaye Hughley, appellant.
(Ind. No. 10169/02)

ORDER ON APPLICATION

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M22396

ROBERT W. SCHMIDT, J.

2004-10774
The People, etc., plaintiff,
v Julius Scalercio, defendant.
(Ind. No. 2781-99)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated November 15, 2004, 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.

ROBERT W. SCHMIDT

Associate Justice

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Appellate Division: Second Judicial Department

M22624

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

1995-01449
The People, etc., respondent,
v Edward L. Summers, appellant.
(Ind. No. 94-00010)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Rockland County, rendered January 31, 1995.

Now, on the court's own motion, it is

ORDERED that the brief filed by former assigned counsel on January 9, 2003, is stricken, as retained counsel filed a replacement brief on April 16, 2004.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court