APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9027
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-04676 Eleazar Aguilar, et al., respondents, v City of New York, et al., appellants.
(Index No.3103/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 21, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 24, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.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
M8973
S/sl
|
2003-06492 Allstate Insurance Company, appellant, v Joseph Labate, et al., respondents. (Index No. 18990/02)
| 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 and judgment (one paper) of the Supreme Court, Nassau County, dated June 9, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 17, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8980
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-00419 Alvin R. Archibald, appellant, v Perlina H. Archibald, respondent. (Index No. 25770/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated December 2, 2002.
Upon the papers filed in support of the motion, and upon the stipulation of the parties dated February 20, 2004, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 17, 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.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9012
L/
|
2003-09845 Amide Baptiste, et al., respondents, v C. Mongeluzo, et al., defendants, Keyspan Corporation, et al., appellants. (Index No. 36616/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated October 2, 2003.
Upon the stipulation of the parties, dated March 9, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8971
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-09057, 2003-09383, 2004-00811, 2004-00812, 2004-00814,
Debbie Bernstein, respondent-appellant, v Drew Bernstein, appellant-respondent. (Index No. 204519/00)
| DECISION & ORDER ON MOTION |
Motion by Drew Bernstein, the appellant on appeals from three orders of the Supreme Court, Nassau County, entered August 28, 2003, September 26, 2003, and November 26, 2003 (Appellate Division Nos. 2003-09057, 2003-09383, and 2004-00814), and the appellant-respondent on appeals from an order and a judgment of the same court, both entered November 26, 2003 (Appellate Division Nos. 2004-00811 and 2004-00812), to consolidate the appeals and cross-appeals from the two orders entered November 26, 2003, and the judgment also entered November 26, 2003. Separate motion by Debbie Bernstein, the respondent on appeals from the orders entered August 28, 2003, September 26, 2003 and November 26, 2003 (Appellate Division Nos. 2003-09057, 2003-09383 and 2004-00814), and the respondent-appellant on appeals from the order and the judgment which were both entered November 26, 2003 (Appellate Division Nos. 2004-00811, 2004-00812), to consolidate the appeals from two the orders entered August 28, 2003, and September 26, 2003, with the aforesaid appeals and cross appeals.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are denied as unnecessary, as the appeals and cross appeals can be consolidated as of right (see NYCRR 670.7[c][1]).
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9018
L/
|
2003-08220 Terry Bissoondial, respondent, v Frank Galasso, et al., defendant, Acme Pallet Company, Inc., appellant. (Index No. 26985/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8996
O/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-02584, 2003-09252 Certified Electrical Contracting Corporation, appellant-respondent, v City of New York (Department of Transportation), respondent-appellant. (Index No. 8376/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on appeals and cross appeals from two orders of the Supreme Court, Queens County, dated January 2, 2003, and September 18, 2003, respectively, inter alia, to dismiss the appeal from the order dated January 2, 2003, as abandoned and, in effect, to enlarge the time to perfect its cross appeal, and application by the appellant-respondent to enlarge the time to perfect the appeal from the order dated January 2, 2003.
Upon the papers filed in support of the motion and cross application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 2, 2003, is denied; and it is further,
ORDERED that the cross application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeals is enlarged until April 15, 2004, and the joint record on appeals (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief on both appeals must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time to perfect the appeal from the order dated January 2, 2003 shall be granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the cross appeal is granted, and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9015
L/
|
2004-00152 Citibank, N.A., respondent, v Ioannis Theodoropoulos, a/k/a John Theodoropoulos, appellant, et al., defendants. (Index No. 9349/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 28, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8994
O/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2002-06181 Coliseum Towers Associates, LP, respondent, v County of Nassau, et al., appellants, et al., defendants. (Index No. 12234/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered May 28, 2002, which was determined by decision and order of this court dated December 15, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., FLORIO, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9069
L/
|
2004-00087 April Daluise, etc., et al., appellants, v James Sottile, respondent. (Index No. 12781/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated December 5, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8961
C/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-06531 Connie Desena, appellant, v 85 Livingston Tenants Corp., et al., respondents. (Index No. 15937/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file a replacement brief on an appeal from an order of the Supreme Court, Kings County, dated May 20, 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 appellant shall serve and file a replacement brief on or before April 13, 2004; and it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file their respective briefs is enlarged until May 13, 2004.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8974
S/sl
|
2003-06015 Pierre Desulme, respondent, v Nanette M. Stanya, et al., appellants, et al., defendants.
(Index No. 18336/00)
| ORDER ON APPLICATION |
Application by the appellants 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, Nassau County, dated June 17, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 22, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9021
L/
|
2003-09259 Charles Duncan, respondent, v Romaine Gunther, appellant. (Index No. 1856/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated June 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8975
O/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
HOWARD MILLER
REINALDO E. RIVERA, JJ.
|
2002-03512, 2003-10758 FBB Asset Managers, Inc., appellant, v Esther Freund, et al., respondents. (Index No. 1040/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 15, 2003, which determined appeals from two orders of the Supreme Court, Orange County, dated August 6, 2001, and January 28, 2002, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SMITH, H. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9010
L/
|
2004-00257 Vilair Fonvil, respondent, v John S. Edwards, et al., appellants. (Index No. 368/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated December 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8976
S/sl
|
2003-02812, 2003-06657 Forest Hills Gardens Corporation, respondent, v Lior Evan, et al., appellants.
(Index No. 28560/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order and judgment (one paper) of the Supreme Court, Queens County, dated February 20, 2003, and an order of the same court, dated May 23, 2003.
ORDERED that the application is granted and the reply brief submitted to the Clerk of this court on March 15, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8954
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-08608
Thomas J. Gillen, plaintiff-respondent, v Nazmoon Reynolds, et al., defendants, Marilyn Lewis, appellant, Alex Afxentiou, et al., defendants-respondents. (Index No. 5893/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay all proceedings in an eviction proceeding entitled Gillen v Moxam, pending in the District Court, Nassau County, under Index No. SP 1069/02, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 21, 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.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8963
S/sl
|
2003-08608
Thomas J. Gillen, plaintiff-respondent, v Nazmoon Reynolds, et al., defendants, Marilyn Lewis, appellant, Alex Afxentiou, et al., defendants-respondents. (Index No. 5893/02)
| 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 21, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 18, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9002
PL/sl
|
2003-08355 Earl Greenberg, et al., appellants, v Astoria Federal Savings & Loan Association, et al., respondents. (Index No. 22030/97)
| 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 August 13, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 14, 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
M8993
S/sl
|
2003-07769, 2004-00199 ORDER ON APPLICATION
Cecilia Guerin, respondent, v North Shore University Hospital, et al., defendants, St. Francis Hospital Foundation, Inc., appellant. (Index No. 24830/98 )
|
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, entered July 23, 2003, and dated November 17, 2003, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 12, 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
M8983
Y/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-11357 Maina Gurevich, et al., plaintiffs-respondents, v Queens Park Realty Corporation, defendant- respondent, Guardian Elevator Systems, Inc., defendant third-party plaintiff-appellant; Provident Operating Corp., third-party defendant-respondent. (Index No. 24956/98)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 28, 2003. Cross motion by the defendant third-party plaintiff-appellant to stay all proceedings, including the trial of the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the time of the plaintiffs-respondents to serve and file a brief is enlarged until April 13, 2004, and their brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9014
L/
|
2003-08089 Charles Hadden, Jr., et al., appellants, v Jaz S. Reyes, et al., respondents. (Index No. 1072/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated August 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8936
O/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-00868 Dorothy Hamilton, plaintiff, v Pedro Cordero, defendant; Albin & Richman, P.C., nonparty appellant. (Index No. 13576/02)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated March 19, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and enforcement of the order dated March 19, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 12, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 12, 2004, the court, on its own motion, may vacate the stay.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9031
L/
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-05776 Marie Hasselman, respondent, v Doctor's Hospital of Staten Island, Inc., appellant.
(Index No.11727/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Richmond County, dated May 8, 2003.
Upon the stipulation of the attorneys for the respective parties, dated March 1, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9026
L/
|
2003-02383, 2003-10185 HomeFirst, Inc., f/k/a Transamerica HomeFirst, Inc., appellant, v Peter Antonaros, et al., respondents. (Index No.395/02)
| ORDER ON APPLICATION Application to Withdraw Appeals |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Westchester County, dated January 27, 2003 and October 28, 2003, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8977
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-09024 Michael Kelly, et al., respondents, v AT&T Local Services, et al., defendants, Lourdes Industries, Inc., et al., appellants. (Index No. 10443/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant Lourdes Industries, Inc., to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated August 21, 2003, and application by the appellant James & Leonard Engineers, P.C., to withdraw its appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appeal by James & Leonard Engineers, P.C., is marked withdrawn.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8985
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-06769 Halina Kowalska, appellant, v Salvatore D'Angelo, et al., respondents. (Index No. 26815/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 12, 2003, for failure to timely perfect the same.
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 motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8 [e]).
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9022
L/
|
2004-00553 Jacqueline Maldonado, et al., respondents, v Jamaica Bus, Inc., et al., defendants, Carlos R. Griffith, et al., appellants. (Index No. 16295/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9003
PL/sl
|
2003-08223 Joshue Maldonado, respondent, v Ying Li, et al., appellants. (Index No. 8005/02)
| 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, Kings County, dated August 11, 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
M8987
S/sl
|
2003-11185ORDER ON APPLICATION Selaudin Marke, respondent, v Q.B. Associates, appellant. (Index No. 43643/00)
|
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 13, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 12, 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
M9025
L/
|
2004-01528 Joyce Mauceri, et al., respondents, v Dolorita Gillman, appellant. (Index No. 13374/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9011
L/
|
2003-10086, 2003-10087 Vera Miles, plaintiff-respondent, v 250 Church Associates, LLC, etc., et al., appellants, City of New York, third-party defendant-respondent. (Index No. 4032/99)
| ORDER ON APPLICATION Withdraw Appeals on Stipulation |
Appeals from two orders of the Supreme Court, Kings County, dated July 16, 2003, and September 8, 2003, respectively.
Upon the stipulation of the parties, dated March 10, 2003, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9033
L/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-06848 Kimberly Minafo, et al., appellants, v Sears, Roebuck & Company, appellant.
(Index No. 23701/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 12, 2002.
Upon the stipulation of the attorneys for the respective parties, dated February 13, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8988
C/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-04920 Kathleen Olencki, etc., et al., respondents, v Presbyterian Hospital in City of New York at Columbia Presbyterian Medical Center, etc., defendant, Suffolk Heart Group, et al., appellants. (Index No. 17666/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 13, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9023
L/
|
2003-08422 Marian Piorkowski, et al., plaintiffs- respondents, v Katz Parking Systems, Inc., et al., defendants third-party plaintiffs- respondents, Duane Street Associates, et al., appellants. (Index No. 35166/98 )
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 14, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9019
L/
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2003-03372 Port Jefferson Obstetrics & Gynecology, P.C., et al., appellants, v Thomas Erhart, et al., respondents. (Index No. 14969/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 26, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9013
L/
|
2003-08443 Dawn Powell, appellant, v Abbas Alawdi, et al., respondents. (Index No.47755/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated August 26, 2003.
Upon the stipulation of the parties, dated March 10, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9000
PL/sl
|
2003-08720
Mary E. Radwaner, respondent, v Bradley A. Radwaner, appellant. (Index No. 18409/02)
| 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, Westchester County, dated September 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9001
PL/sl
|
2003-08398 Nhaomi Raymond, et al., appellants, v Clifton Rutherford, respondent. (Index No. 14188/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 9, 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
M9005
L/
|
2004-01908 Marilyn Sarvis, respondent, v ATA Housing Corp., appellant, et al., defendant. (Index No. 5140/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9006
L/
|
2003-06192 Lakhi Shroff, respondent-appellant, v Astoria Federal Savings & Loan Association, et al., defendants, Amba Sharma, appellant- respondent. (Index No. 26103/93)
| ORDER ON APPLICATION Application to Withdraw Cross Appeal |
Application by the respondent-appellant to withdraw the cross appeal from an order of the Supreme Court, Queens County, dated June 13, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8989
S/sl
|
2003-06192 Lakhi Shroff, respondent, v Astoria Federal Savings & Loan Association, et al., defendants, Amba Sharma, appellant. (Index No. 26103/93)
| 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, Queens County, dated June 13, 2003.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9030
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-00687 State Farm Mutual Automobile Insurance Company, appellant, v Nesly Numo, a/k/a Nesly Numa, Jr., et al., respondents. (Index No. 7836/02)
| 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, Nassau County, dated November 12, 2002.
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.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9017
L/
|
2003-08102 Frank Tolin, respondent, v Linzie Howard, appellant. (Index No. 26982/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8972
S/sl
|
2003-08490 Town of Wallkill, respondent, v C M & Sons Trucking, Inc., appellant. (Index No. 5962/03)
| 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, Orange County, dated September 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 21, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9024
L/
|
2003-04489 Village of Wappingers Falls, appellant- respondent, v Barbara Tomlins, d/b/a Humpty Dumpty Day Care Center, et al., respondents-appellants. (Index No. 495/03)
| ORDER ON APPLICATION Application to Withdraw Cross ppeal |
Application by the respondents-appellants to withdraw their cross appeal from an order of the Supreme Court, Dutchess County, dated April 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8991
S/sl
|
2003-04276 Windmill Housing Development Fund Company, Inc., appellant, v Leo Winchell, respondent. (Index No. 1301/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal, by permission, from an order of the Appellate Term for the Ninth and Tenth Judicial Districts, dated December 12, 2003, and to enlarge the appellant's time to serve and file a reply brief.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 30, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before May 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8981
Y/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-01412, 2004-01414 World Tech Enterprises, Inc., respondent, v Perry Manno, et al., appellants. (Index No. 8121/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, entered November 17, 2003, and a judgment of the same court dated December 4, 2003, inter alia, to stay enforcement of the judgment pending the 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
M8997
J/sl
|
2003-07204
Patricia Zimkind, et al., appellants, v Cosco Wholesale Corporation, et al., respondents.
(Index No. 16491/01)
| ORDER ON APPLICATION |
Application by the appellants 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 July 16, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 24, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9009
L/
|
2003-05959 In the Matter of Melvin B. (Anonymous), appellant. (Docket No. D28447/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Family Court, Kings County, dated June 16, 2003.
Upon the stipulation of the parties, dated June 16, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8912
M/nal
|
2003-10481 In the Matter of Leslie Barnes, respondent, v Janette Mickelsen-Barnes, appellant. (Docket No. O-7954/03)
| SCHEDULING ORDER |
Appeal by Janette Mickelsen-Barnes from an order of the Family Court, Westchester County, dated October 15, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal 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
M8919
C/sl
GABRIEL M. KRAUSMAN, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-07970 In the Matter of Chesterfield Associates, petitioner, v New York State Department of Labor, respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78 and Labor Law § 220(8) to review a determination of the Commissioner of the New York State Department of Labor dated July 29, 2002, which was determined by decision and judgment of this court dated January 12, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8986
C/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-01606
In the Matter of City of Middletown Police Benevolent Association, Inc., et al., petitioners- respondents, v City of Middletown, et al., appellants, et al., respondents. (Index No. 14769/02)
| DECISION & ORDER ON MOTION Application to Withdraw Appeal |
Motion by the appellants for leave to withdraw an appeal from a judgment of the Supreme Court, Orange County, dated December 19, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8813
M/nal
|
2004-01917 In the Matter of Natale D'Altilio, appellant, v Joy I. D'Altilio, respondent. (Docket No. F-01816-03)
| SCHEDULING ORDER |
Appeal by Natale D'Altilio from an order of the Family Court, Orange County, dated January 30, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled 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
M8922
M/nal
|
2003-10994, 2003-10995 In the Matter of Derick Shea D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Hana E'Latisha D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-22579/00) In the Matter of Ashlen Shadoe D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Hana E'Latisha D. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-22580/00)
| SCHEDULING ORDER |
Appeals by D'Hana E'Latisha D. from two orders of the Family Court, Kings County, both dated November 12, 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 appeals:
Elliot Green, Esq.
26 Court Street #1215
Brooklyn, New York 11242
(718) 629-3552
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated March 2, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should 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
M9007
L/
|
2003-07279 In the Matter of Marvin D. (Anonymous), appellant. (Docket No. E-13825/93)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Family Court, Kings County, dated July 10, 2003.
Upon the stipulation of the parties, dated March 12, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9008
L/
|
2003-08164 In the Matter of Marvin D. (Anonymous), appellant. (Docket No. D-10347/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Family Court, Kings County, dated July 10, 2003.
Upon the stipulation of the parties, dated March 12, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9028
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCE E. SMITH, JJ.
|
2003-02900 In the Matter of Dollar Rent-A-Car, petitioner-respondent, v Ahlam Abdelhamid, et al., respondents, State Farm Insurance Company, appellant. (Index No. 34554/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Sipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 3, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 13, 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
M9020
L/
|
2004-00275 In the Matter of Albert F. (Anonymous), appellant. (Docket No. D-3047-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated December 5, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8892
M/nal
|
2003-10913 In the Matter of Frank F. (Anonymous). Administration for Children's Services, respondent; Cheryl F. (Anonymous), appellant. (Docket No. NA-6532/02)
| SCHEDULING ORDER |
Appeal by Cheryl F. from an order of the Family Court, Queens County, dated November 14, 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:
Mona G. Freeman, Esq.
34-05 44th Street #6G507
Long Island City, New York 11101
(718) 937-1656
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 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
M9050
S/sl
GLORIA GOLDSTEIN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-02074 In the Matter of Ferro, Kuba, Bloom, Mangano, Gacovino, and Lake, petitioner; Hernan Guerrero, et al., respondents.
(Index No. 766/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from an order of the County Court, Suffolk County, dated March 12, 2004, and to stay enforcement of the order pending hearing and determination 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 granted and enforcement of the order dated March 12, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 5, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 5, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondents shall serve and file their briefs on or before April 19, 2004; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before April 26, 2004.
GOLDSTEIN, J.P., H. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9042
M/nal
|
2004-00236 In the Matter of Jason Figueroa, respondent, v Marilyn Panebianco, appellant. (Docket No. V-399/97)
| ORDER TO SHOW CAUSE |
Appeal by Marilyn Panebianco from an order of the Family Court, Suffolk County, entered November 24, 2003. By scheduling order dated February 5, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the 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) if the appellant was indigent and could not 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; or
(5) 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 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 31, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8979
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-11221
In the Matter of Asia M. (Anonymous). Orange County Department of Social Services, appellant; Maritza T. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Axel H. (Anonymous). Orange County Department of Social Services, appellant; Maritza T. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket Nos. N-5276-03, N-5277-03, N-5279-03, 5280-03)
| DECISION & ORDER ON MOTION |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated December 18, 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 marked withdrawn; and it is further,
ORDERED that on the court's own motion, the stay of enforcement of the order dated December 18, 2003, granted by decision and order on motion of this court dated January 9, 2004, is vacated.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8888
M/nal
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2004-00787 In the Matter of Janih M. (Anonymous). Administration for Children's Services, petitioner-appellant; Lavasha M. (Anonymous), et al., respondents-respondents; Monica Drinane, Law Guardian, nonparty-appellant. (Proceeding No. 1) In the Matter of Ryan W. (Anonymous). Administration for Children's Services, petitioner-appellant; Lavasha M. (Anonymous), et al., respondents-respondents; Monica Drinane, Law Guardian, nonparty-appellant. (Proceeding No. 2) In the Matter of Amontulah M. (Anonymous). Administration for Children's Services, petitioner-appellant; Lavasha M. (Anonymous), et al., respondents-respondents; Monica Drinane, Law Guardian, nonparty-appellant. (Proceeding No. 3) In the Matter of Jahlanie M. (Anonymous). Administration for Children's Services, petitioner-appellant; Lavasha M. (Anonymous), et al., respondents-respondents; Monica Drinane, Law Guardian, nonparty-appellant. (Proceeding No. 4) In the Matter of Raihannah M. (Anonymous). Administration for Children's Services, petitioner-appellant; Lavasha M. (Anonymous), et al., respondents-respondents; Monica Drinane, Law Guardian, nonparty-appellant. (Proceeding No. 5) (Docket Nos. NN-01208/04, NN-01209/04, NN-01210/04, NN-01211/04, NN-01212/04)
| SCHEDULING ORDER |
Separate appeals by Administration for Children's Services and the law guardian from an order of the Family Court, Kings County, dated January 27, 2004. The appellants' separate briefs were both 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 respondents' briefs 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
M8978
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MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
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2003-06042 In the Matter of Susan Mahoney, respondent, v Daniel Thompson, appellant. (Docket No. F-5698-02)
| DECISION & ORDER ON MOTION |
Appeal by Daniel Thompson from an order of the Family Court, Orange County, dated May 20, 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 August 12, 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 August 12, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8967
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2003-07290, 2003-07292 In the Matter of Lisa Miller, respondent, v Jonathan Smith, appellant.
(Docket No. U-05818/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on appeals from two orders of the Family Court, Kings County, dated November 22, 2002, and June 13, 2003, respectively.
ORDERED that the application is granted and the reply brief shall be filed on or before March 18, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8749
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2004-00844, 2004-00845 In the Matter of Anjel Ohanian, respondent, v Gary Ohanian, appellant. (Docket No. F-00704/01)
| SCHEDULING ORDER |
Appeals by Gary Ohanian from two orders of the Family Court, Nassau County, dated August 19, 2003, and December 12, 2003, 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 of the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should 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
M9016
L/
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2003-10699 In the Matter of PCG Property, LLC, et al., petitioners, v Town of Southampton, respondent.
| ORDER ON APPLICATION Withdraw Proceeding on Stipulation |
Proceeding pursuant to Eminent Domain Law § 207.
Upon the stipulation of the parties, dated March 2, 2004, it is
ORDERED that the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8995
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MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-00411 In the Matter of Helen Piro, appellant, v v Carl Piro, respondent. (Docket No. F-10783/033)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered December 9, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that on the court's own motion, the scheduling order dated January 21, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until April 13, 2004.
ALTMAN, J.P., FLORIO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9044
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2003-06435 In the Matter of Crystal R. (Anonymous), appellant. (Docket No. D-509-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Richmond County, dated June 25, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the 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 9, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8893
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2003-10642 In the Matter of Alba Lucia Ring, respondent- appellant, v John D. Ring, appellant-respondent. (Docket Nos. V-15385/01, O-15386-01, O-15138-01)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Family Court, Queens County, dated October 29, 2003. By decision and order on motion of this court dated March 2, 2004, the appellant-respondent 's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Larry Bachner, Esq.
90-50 Parsons Blvd. - Suite 307
Jamaica, New York 11432
(917) 378-0176
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 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
M8938
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2003-10541 In the Matter of Anthony S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Pansy R. (Anonymous), nonparty-respondent; Mary D. (Anonymous), nonparty-appellant. (and another proceeding) (Docket Nos. N-1734/01, N-2147/98)
| SCHEDULING ORDER |
Appeal by Mary D. from an order of the Family Court, Suffolk County, dated October 24, 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:
Patricia Rouse, Esq.
P.O. Box 175
Wading River, New York 11792
(631) 929-4474
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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8992
Y/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
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2003-11455 In the Matter of Alexander Schettino, petitioner, v Thomas Murphy, etc., et al., respondents. (Index No. 6111/03)
| DECISION & ORDER ON MOTION |
Motion by Collier, Halpern, Neuberg, Nolletti & Block, LLP, counsel for the petitioner, for leave to withdraw as counsel in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered November 26, 2003.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Collier, Halpern, Neuberg, Nolletti & Block, LLP, is relieved from representing the petitioner with respect to the instant proceeding; and it is further,
ORDERED that on or before April 2, 2004, Collier, Halpern, Neuberg, Nolletti & Block, LLP, is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the petitioner, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,
ORDERED that the petitioner's time to serve and file a brief is extended until 30 days after service upon him of a copy of this decision and order.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8890
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2003-02409 In the Matter of Alexis Latoya Revell W. ( Administration for Children's Services, res Geraldine W. (Anonymous), appellant. (Docket No. B-25939-00)
| SCHEDULING ORDER Anonymous). pondent; |
Appeal by Geraldine W. from an order of the Family Court, Kings County, dated February 20, 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 within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9039
F/
GABRIEL M. KRAUSMAN, J.
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2003-08145 The People, etc., plaintiff, v Michael Kneitel, defendant. (Ind. No. 1813/01)
| 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 July 1, 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.
GABRIEL M. KRAUSMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9038
F/
GABRIEL M. KRAUSMAN, J.
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2003-01741 The People, etc., plaintiff, v Francesco Prainito, defendant. (Ind. No. 1952/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 7, 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.
GABRIEL M. KRAUSMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8999
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2003-04287
The People, etc., appellant, v Ralph Romano, respondent. (Ind. No. 3673/99)
| 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 April 24, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 7, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9029
F/
GLORIA GOLDSTEIN, J.
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2004-01062 The People, etc., plaintiff, v Charles Singletary, defendant. (Ind. No. 12445/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 5, 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.
GLORIA GOLDSTEIN
Associate Justice