APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8925
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-02216 Frank Annunziata, appellant, v Jeanne Mahoney, etc., et al., respondents.
(Index No. 14903/99 )
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 14, 2003.
Upon the stipulation of the attorneys for the respective parties, dated March 9, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8929
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-10859 Domenico Apicella, et al., respondents, v Matthew Yacobellis, et al., appellants.
(Index No. 8247/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 28, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 23, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8934
S/sl
|
2003-08002 Colleen R. Ayers, respondent, v Tina Wooten, etc., et al., appellants. (Index No. 12839/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 27, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 8, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8946
PL/sl
|
2003-07036 Baron Associates, P.C., appellant, v RSKCO, et al., respondents. (Index No. 48011/01)
| 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 June 11, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 18, 2004, and the record or appendix on the appeal and the appellant's brief must be filed on or before that date; and it is further,
ORDERED the respondents' time to serve and file a brief is enlarged until April 19, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8960
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-01216, 2004-01217, 2004-01218 Mercedes S. Cano, plaintiff, v Matthew E. Oren, defendant.
(Index No. 14003/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from two decisions of the Supreme Court, Queens County, dated November 12, 2003, and January 27, 2004, and an order of the same court dated January 13, 2004, and to stay the temporary restraining order of the same court dated October 21, 2003, pending appeal.
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 for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion to stay the temporary restraining order is denied as academic.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8933
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2001-01964 Maria Luisa Carollo, etc., respondent, v City of New York, et al., appellants.
(Index No. 964/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 31, 2001.
Upon the stipulation of the attorneys for the respective parties, dated February 25, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8970
O/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
SANDRA L. TOWNES, JJ.
|
2001-06699 David Fishler, appellant, v Susan Fishler, respondent. (Index No. 648/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue the respondent's prior motion for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated June 25, 2001, which was determined by decision and order of this court dated February 10, 2003, which motion was determined by decision and order dated December 8, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court dated December 8, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., ALTMAN, S. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8941
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-10505 Denese Forde, respondent, v JRD Management Corp., appellant. (Index No. 2221/99)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 26, 2003.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8945
J/sl
|
2003-08313 Kevin Holt, et al., appellants, v Playtogs Factory Outlet, Inc., et al., respondents, Bergin Group, et al., defendants. (Index No. 8366/01)
| 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, Orange County, dated August 18, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 10, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8950
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-05891 Ann Marie Hurley, appellant, v First Unum Life Insurance Company, respondent. (Index No. 98-009554)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated March 14, 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 April 12, 2004, 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.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8944
J/sl
|
2003-10751 Frank Maldonado, respondent, v County of Suffolk, appellant. (Index No. 11071/93)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 18, 2003.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until March 17, 2004, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the appellant shall serve and file its reply brief on or before March 29, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8969
S/sl
|
2003-07378 Richard J. McCord, plaintiff-respondent, v Olympia & York Maiden Lane Company, defendant-respondent, ISS Cleaning Services Group, Inc., etc., appellant, et al., defendants. (Index No. 34717/95)
| ORDER ON APPLICATION |
Application by the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 16, 2003.
ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until April 12, 2004, and the defendant-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8966
S/sl
|
2003-06286 Midwest First Financial, L.P., respondent, v First American Title Insurance Company, appellant. (Index No. 8833/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated October 21, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 19, 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
M8911
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-00822 One Gateway Plaza, LLC, appellant, v Village of Port Chester, et al., respondents. (Index No. 17125/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered December 18, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until July 30, 2004, and the record or appendix on appeal and the appellant's 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
M8952
PL/sl
|
2003-07273 Queens Boulevard Extended Care Facility, Inc., appellant, v Dennis Whalen, et al., respondents.
(Index No. 11046/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated July 16, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 29, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8968
O/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-01827 Anthony Scardace, et al., respondents, v Mid-Island Hospital, Inc., et al., appellants. (Index No. 22223/92)
| 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, Suffolk County, dated February 4, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted to the extent that the respondents' time to serve and file a brief is enlarged until April 29, 2004, and the respondents' brief must be served and filed on or before that date, and the motion is otherwise denied.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8927
L/
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT, JJ.
|
2003-02804 Anthony Sharifi, Jr., etc., et al., respondents, v City of New York, et al., appellants.
(Index No. 17881/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 20, 2002.
Upon the stipulation of the attorneys for the respective parties, dated February 27, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., FLORIO, KRAUSMAN and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8914
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-00110 Southern Pacific Funding Corporation, respondent, v John McNally, etc., et al., appellants (Index No. 11875/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enjoin the respondent from removing them from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 9, 2003. Cross application by the respondent to dismiss the appeal on the ground that the order entered December 9, 2003, denied a motion for leave to reargue and no appeal lies from an order denying a motion for leave to reargue.
Upon the papers filed in support of the motion and the cross application and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross application is denied, without prejudice to making a formal motion for the same relief (see CPLR 8022).
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8939
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-03638, 2003-09399 Kristy Williams, respondent, Application to Withdraw Appeal v Mauricio Moreno, et al., appellants. (Index No. 45468/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellants for leave to withdraw appeals from two orders of the Supreme Court, Kings County, dated March 21, 2003 and September 16, 2003, respectively.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8920
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2004-01020 In the Matter of Ronald Atkins, appellant, v New York State Board of Parole, respondent. (Index No. 7064/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated December 15, 2003, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceeding, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8619
M/nal
|
2004-01741 In the Matter of Vincent Badalamenti, appellant, v Susan Badalamenti, respondent (Docket No. F-1784-98)
| SCHEDULING ORDER |
Appeal by Vincent Badalamenti from an order of the Family Court, Suffolk County, dated January 21, 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 should or 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
M8928
M/nal
|
2002-04730 In the Matter of Evelyn Caraballo, respondent, v Samuel Colon, appellant. (Docket No. V-189/00)
| SCHEDULING ORDER |
Appeal by Samuel Colon from an order of the Family Court, Richmond County, dated April 11, 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 time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until April 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8932
S/sl
|
2003-06446 In the Matter of Mildred Jeraldine Carro. Elaine Carro, appellant; Geraldine Carro Flaven, respondent. (Index No. 245/03)
| 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 and judgment (one paper) of the Supreme Court, Queens County, dated June 10, 2003.
ORDERED that the application is granted and the appellant's appendix and brief which were submitted to the Clerk of this court on March 11, 2004, are accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8951
E/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-09165, 2004-01762 In the Matter of Jackie DeCamp, respondent, v Brian DeCamp, appellant. (Docket No. F-7038/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Suffolk County, dated June 27, 2003, and January 30, 2004, respectively, to stay enforcement of the order dated January 30, 2004, 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 motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8797
M/nal
|
2004-01812 In the Matter of Department of Social Services, o/b/o Kevin Lutz, appellant, v Marc Krinsky, respondent. (Docket No. F-7743/03)
| SCHEDULING ORDER |
Appeal by the Department of Social Services, o/b/o Kevin Lutz from an order of the Family Court, Suffolk 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 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 should or 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
M8918
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-10444
In the Matter of Dutchess County Department of Social Services, o/b/o Angel Marie L. (Anonymous), petitioner-respondent, v Dorothy L. (Anonymous), respondent; Daniel J. Schneider, nonparty- appellant. (Docket No. N 7498-02)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent to dismiss an appeal from an order of the Family Court, Dutchess County, entered October 26, 2003, on the grounds that the appellant is not aggrieved by the order, and the appellant has not properly perfected the appeal by failing to include certain transcripts in the original papers.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; 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 13, 2004.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8889
M/nal
|
2003-09326 In the Matter of Michelle Gabriel, respondent, v Robert R. DiBari, appellant. (Docket No. P-144773/02)
| SCHEDULING ORDER |
Appeal by Robert R. DiBari from an order of the Family Court, Suffolk County, dated September 15, 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 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 April 10, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8930
F/
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-00443 In the Matter of Mayra M. Gonzalez, appellant, v Christopher D. Gonzalez, respondent.
(Docket Nos. V-03259-99, V-03260-99)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated December 18, 2003, as a poor person, and for the assignment of counsel.
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 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:
Teresa Stilo, Esq.
41 Tewesbury Road
Scarsdale, New York 10583
(914) 472-7669
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., FLORIO, LUCIANO, and MASTRO JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8965
E/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-10713
In the Matter of Daffodil Graham, respondent, v Michael White, appellant. (Docket No. V-11769/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated October 28, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied with leave to renew on or before April 20, 2004, upon proper papers establishing that the appellant is entitled to poor person relief.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8910
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-09833
In the Matter of Debra L. Herman, respondent, v Robert J. Herman, appellant. (Docket Nos. F-1624-98, F-1624-98/00E)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated March 4, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Nassau County, dated September 11, 2002, as a poor person and for the assignment of counsel.
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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
John M. Zenir, Esq.
114 Old Country Road - Suite 350
Mineola, New York 11501
(516) 424-8495
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8923
M/nal
|
2003-10141 In the Matter of Jose I. (Anonymous), Jr. Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-20947-00) In the Matter of Tiana E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-20948-00) In the Matter of Jessica E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-20949-00) In the Matter of Joseph N. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-20950-00) In the Matter of Deborah E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 5) (Docket No. N-20951-00)
| SCHEDULING ORDER |
Appeal by Brenda E. from an order of the Family Court, Kings County, dated October 9, 2003. By decision and order on motion of this court dated March 2, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Frank A. Buono, Esq.
217 25th Street
Brooklyn, New York 11232
(718) 768-3000
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 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 March 2, 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 should or 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
M7741
M/nal
|
2002-06537 In the Matter of Jahmir Domevlo J. (Anonymous), a/k/a Jahmir J. (Anonymous). Department of Social Services, respondent; Kimberly B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jaiyeola Akintunde DaMilare J. (Anonymous), a/k/a Jaiyeola J.(Anonymous). Department of Social Services, respondent; Kimberly B. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-854-02, B-855-02)
| SCHEDULING ORDER |
Appeal by Kimberly B. from order of the Family Court, Nassau County, dated June 20, 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 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
M8913
M/nal
|
2003-02316 In the Matter of Jaiyeola-Akintunde J. (Anonymous). Department of Social Services, respondent; James D. J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jahmir Domevlo J. (Anonymous). Department of Social Services, respondent; James D. J. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-00853-02, B-00856-02)
| SCHEDULING ORDER |
Appeal by James D. J. from an order of the Family Court, Nassau County, dated December 6, 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 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
M8915
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2004-00628 In the Matter of Robert David L. Jr., (Anonymous). Suffolk County Department of Social Services, respondent; Patricia W. (Anonymous), appellant. (Docket No. B-9597-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated December 18, 2003, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:
Bridget Fleming, Esq.
P.O. Box 1904
Sag Harbor, New York 11963
(631) 848-2520
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.
RITTER, J.P., S. MILLER, H. MILLER, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8814
M/nal
|
2004-01894 In the Matter of Stephen LoTurco, appellant, v Lynn Marie Kuhl, respondent. (Docket No. V-1949-03)
| SCHEDULING ORDER |
Appeal by Stephen LoTurco from an order of the Family Court, Orange County, dated January 21, 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 should or 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
M8924
M/nal
|
2003-09480 In the Matter of Nicholas M. (Anonymous), appellant. (Docket No. D-3078/02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated September 30, 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 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 May 3, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8940
M/nal
|
2003-08807 In the Matter of Quanel M. (Anonymous), appellant. (Docket No. D-28030-02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated September 2, 2003. 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 45 days of the date of this order, the respondent's brief 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
M8947
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-01830 In the Matter of Carla McGee, respondent, v Mario Backman, appellant. (Docket No. O-33541-03)
| DECISION & ORDER ON MOTION |
Appeal by Mario Blackman from an order of the Family Court, Kings County, dated January 28, 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 an order entered upon the appellant's default (see CPLR 5511).
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8880
M/nal
|
2003-04480 In the Matter of Julia P. (Anonymous). Department of Social Services, respondent; Christine B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-4287-02) In the Matter of Jessie P. (Anonymous). Department of Social Services, respondent; Christine B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-4288-02)
| SCHEDULING ORDER |
Appeal by Christine B. from an order of the Family Court, Orange County, dated April 11, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 6, 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 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
M8811
M/nal
|
2004-01919 In the Matter of Mary P. (Anonymous). Rockland County Department of Social Services, respondent; LaToya P. (Anonymous), appellant. (Docket Nos. B-3030-03, B-3031-03 B-3021-03, B-3027-03)
| SCHEDULING ORDER |
Appeal by LaToya P. from an order of the Family Court, Rockland County, dated January 15, 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 should or 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
M8891
M/nal
|
2003-08796 In the Matter of Relando P. (Anonymous), appellant. (Docket No. D-11983/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated August 27, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
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
M8964
O/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-08566 In the Matter of Antoinette Pantoliano, respondent, v Wilfredo Rodriguez, appellant. (Docket No. F-0258/01)
| DECISION & ORDER ON MOTION |
Appeal by Wilfredo Rodriguez from an order of the Family Court, Richmond County, dated September 12, 2003. By order to show cause dated January 30, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 23, 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 December 23, 2003 (see 22 NYCRR 670.4[a][5]).
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8916
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-10811 In the Matter of Cindy Sarah R. (Anonymous). Administration for Children's Services, et al., respondents; Daisy R. (Anonymous), a/k/a Daisy L. (Anonymous), appellant. (Docket No. B-3854-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated November 6, 2003, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:
Richard L. Herzfeld, Esq.
555 Fifth Avenue - 17th Floor
New York, New York 10017
(212) 986-5316
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.
RITTER, J.P., S. MILLER, H. MILLER, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8887
M/nal
|
2003-10357 In the Matter of Peter R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Proceeding No. 1) (Docket No. N-16123/01) In the Matter of Matthew R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket No. N-16124/01)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated November 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 8, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8948
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-01826
In the Matter of Luis A. Ramirez, appellant, v Debra V. Kitchen, respondent. (Docket No. V-03623-04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Luis A. Ramirez from an order of the Family Court, Kings County, dated February 3, 2004.
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 as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8935
M/nal
|
2003-05319, 2003-05325 In the Matter of Carmella Restivo, respondent, v Florin Cincu, appellant. (Docket No. F-1717-00)
| SCHEDULING ORDER |
Appeals by Florin Cincu from two orders of the Family Court, Queens County, both dated May 20, 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 appeals is enlarged until April 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8956
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-01971 In the Matter of Roxanne S. (Anonyomous). Department of Social Work of St. John's-Queens Hospital, respondent; Walter Iwachiw, appellant. (Index No. 4041/04)
| DECISION & ORDER ON MOTION |
Appeal by Walter Iwachiw, as attorney in fact for Roxanne S., from an order of the Supreme Court, Queens County, dated February 25, 2004.
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 as of right or by permission (see CPLR 5701; 5704).
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8943
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-01814 In the Matter of Shannon. Angelo A. (Anonymous), appellant; Laurie L. (Anonymous), et al., respondents. (Docket No. A-440-02)
| DECISION & ORDER ON MOTION |
Appeal by Angelo A. from an order of the Family Court, Suffolk County, dated February 2, 2004.
Now, on the court's own motion, 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 on the ground that the order appealed from is not appealable as of right and the appellant has not sought leave to appeal (see Family Ct Act § 1112), 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 2, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8809
M/nal
|
2004-01882 In the Matter of Jonathan V. (Anonymous), appellant. (Docket No. D-05007-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Richmond County, dated January 14, 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 should or 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
M8836
S/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05058 In the Matter of Village of Harriman, petitioner; Town of Monroe, respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to General Municipal Law§712, in effect, to determine whether the proposed annexation by the Village of Harriman of certain real property located in the Town of Monroe is in the over-all public interest.
Upon the petition and the papers filed in support thereof, and upon the answer to the petition, it is
ORDERED that pursuant to General Municipal Law § 712(6), the following three persons are designated as Referees to hear and to report to this court, together with their findings of fact and conclusions of law, on the issue of whether the proposed annexation by the Village of Harriman of certain property located in the Town of Monroe is in the over-all public interest:
Honorable Andrew O'Rourke
Honorable Louis C. Palella
Nancy Jo Hughes, Esq.
and it is further,
ORDERED that the proceeding is held in abeyance, pending the receipt by this court of the report by the referees, which shall be made and filed by them with all convenient speed.
PRUDENTI, P.J., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8962
F/
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-01774
The People, etc., respondent, (Ind. No. 02-00006)
| DECISION & ORDER ON MOTION Court's Motion To Relieve Counsel And to Assign New Counsel v Brian Andrews, appellant |
The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Westchester County, rendered January 28, 2003, was granted on March 31, 2003. The following named attorney was assigned to prosecute the appeal:
Edward Mechmann, Esq.
1011 First Avenue
New York, New York 10022
On the court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Raymond E. Kerno, Esq.
1527 Franklin Avenue
Mineola, New York 11501
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
ALTMAN, J.P., FLORIO, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8959
F/
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-02712
The People, etc., respondent, (Ind. No. 02-00554)
| DECISION & ORDER ON MOTION Court's Motion To Relieve Counsel And to Assign New Counsel v Arthur Blanco, appellant |
The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 21, 2002, was granted on April 24, 2003. The following named attorney was assigned to prosecute the appeal:
Edward Mechmann, Esq.
1011 First Avenue
New York, New York 10022
On the court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Thomas S. Keating, Esq.
6 Chester Avenue
White Plains, New York 10601
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
ALTMAN, J.P., FLORIO, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8953
PL/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-00273, 2003-01557 The People, etc., respondent, v John P. Daly, appellant. (Ind. No. 1561-01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 23, 2004, in the above-entitled matter is amended by (1) deleting from the second decretal paragraph the words "and it is further" and (2) deleting the third decretal paragraph in its entirety.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8937
F/
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2002-05517 v Allen Harper, appellant. (Ind. No. 7167/01)
| The People , etc., respondent, DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 11, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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.
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., FLORIO, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 3550
Sing Sing Corr. Fac.
354 Hunter Street
Ossining, New York 10562
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8955
S/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
1999-06205, 1999-06206 The People, etc., respondent, v Donovan Malcolm, appellant. (Ind. Nos. 98-500, 99-022)
| DECISION & ORDER ON MOTION |
Appeals by the defendant from two judgments of the County Court, Orange County, both rendered June 8, 1999. By order to show cause dated February 9, 2004, the appellant was directed to show cause why an order should not be entered dismissing the appeals on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
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 appeals are dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8840
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2002-10981 The People, etc., respondent, v Ricardo Ricketts, appellant. (Ind. No. 841/01)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Kings County, rendered November 8, 2002, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged.
SMITH, J.P., GOLDSTEIN, ADAMS, and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Attorney's Address:
Alireza Dilmaghani, Esq.
Furman Law Firm of New York
P.O. Box 1144
Madison Square Station
New York, New York 10159-1144
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8762
F/
STEPHEN G. CRANE, J.
|
2004-00019
The People, etc., plaintiff, v Patrick Tomlinson, defendant. (Ind. No. 11061/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 12, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEPHEN G. CRANE
Associate Justice