APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9108
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-01898 George Balis, appellant, v Maxine Balis, respondent. (Index No. 14947/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of commitment of the Supreme Court, Westchester County, dated January 5, 2004, pending hearing and determination of an appeal from an order of the same court dated January 27, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, on the ground that no appeal lies from an order entered upon the appellant's default (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9103
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-01595 Kimberlie A. Ciferri-Weisse, respondent, v Raymond J. Weisse, appellant.
(Index No. 9131/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, entered January 30, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9060
O/sl
GLORIA GOLDSTEIN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01798, 2004-01799, 2004-01800 Maureen Cooper, appellant, v Chris Cooper, respondent. (Index No. 05284/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Supreme Court, Suffolk County, all dated February 27, 2004, in effect, to stay enforcement of those portions of the orders as directed that the appellant be incarcerated.
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 those portions of the orders dated February 27, 2004, as directed that the appellant be incarcerated is stayed pending hearing and determination of the appeals.
GOLDSTEIN, J.P., H. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9119
C/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2002-09400 Daniel Cordero, etc., et al., respondents, v County of Nassau, et al., defendants, Board of Cooperative Educational Services of Nassau County, et al., appellants. (Index No. 19789/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated September 23, 2002, which was determined by decision and order of this court dated December 15, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., SMITH, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9107
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004 01529
Vera Frost, plaintiff, v Pioneer Supermarket Corp., et al., defendants. (Index No. 583/02)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the defendant 2497 Food Corp. for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 25, 2003, which reversed an order of the Civil Court, Kings County, entered March 6, 2002.
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.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9118
R/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2002-04644 N. Herbert W. Graham, respondent, v City of New York, appellant. (Index No. 3656/89)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated January 16, 2002, which was determined by decision and order of this court dated December 22, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9053
E/sl
GLORIA GOLDSTEIN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-09696 Maria Hiraldo, respondent, v New York City Health and Hospitals Corporation, appellant.
(Index No. 17899/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 18, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., H. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7750
S/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-03758 Gerda Hyacinthe, appellant, v Lance Edwards, et al., respondents. (Index No. 1624/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent St. Charles Hospital and Rehabilitation Center to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 7, 2003, on the ground that the order dated February 7, 2003, was superseded by an order of the same court dated August 25, 2003, made upon reargument. By decision and order on motion of this court dated January 27, 2004, the motion was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the motion is denied, on condition that on or before March 31, 2004, the appellant serve and file a supplemental record containing the order dated August 25, 2003, and the papers submitted by the parties to the Supreme Court, Queens County, which resulted in that order.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9101
S/sl
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2003-08348 Gregg S. Lewis, respondent, v La Tonya Jefferson, et al., appellants. (Index No. 28611/01)
| 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, Nassau County, dated September 8, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 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
M9067
M/nal
|
2004-02092 Anthony Lomonaco, respondent, v Lisa Lomonaco, appellant. (Index No. 16239/97)
| SCHEDULING ORDER |
Appeal by Lisa Lomonaco from an order of the Supreme Court, Suffolk County, dated February 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M9114
S/sl
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2003-07804 Shoshana Mermelstein, etc., et al., respondents, v Shmuel Mermelstein, appellant. (Index No. 15372/02)
| 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, Kings County, dated July 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 28, 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
M9100
S/sl
|
2003-08222 Julio C. Palomino, respondent, v State Farm Insurance Company, appellant. (Index No. 17701/94)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 10, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 14, 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
M9099
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-01262 Cynthia Plott, respondent, v Garden City Hotel, Inc., d/b/a Garden City Hotel, et al., appellants.
(Index No. 6638/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 23, 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.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9102
S/sl
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2003-11182 Kent W. Profeta, et al., plaintiffs-respondents, v Choudhry G. Abbas, et al., appellants-respondents; Kent Profeta, plaintiff on counterclaim respondent- appellant. (Index No. 12736/01)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 3, 2003.
ORDERED that the application is granted; and it is further
ORDERED that the respondent-appellant shall serve and file his brief on or before March 29, 2004; and it is further,
ORDERED that the plaintiffs-respondents shall serve and file their brief on or before April 28, 2004; and it is further,
ORDERED that the reply briefs of the appellants-respondents and respondent-appellant, if any, shall be served and filed on or before May 13, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9117
S/sl
|
2003-08047 Rasaki Salawudeen, appellant, v Alex Barrone, et al., respondents. (Index No. 16920/01)
| 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 August 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 10, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9055
A/sl
GLORIA GOLDSTEIN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01385 Patricia Sherin, respondent, v Amy Louise Roda, et al., respondents- appellants, Aileen A. Lauer, et al., appellants- respondents.
(Index No. 4327/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated January 13, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 16, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 16, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
GOLDSTEIN, J.P., H. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9104
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-10814 Phyllis Singer, respondent, v Waldbaums Bay Terrace, appellant. (Index No. 5156/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 15, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending the hearing and determination of the appeal.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9106
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-02416 Paul Tobias, plaintiff-respondent, v DiFazio Electric, Inc., defendant second third-party plaintiff-respondent, Grumman Aerospace Corporation, defendant-third-party plaintiff; J.M. Dennis Construction Co., Inc., third-party defendant, and third third-party defendant-appellant; Whitson Food Service Co., second third-party defendant-respondent; Whitsons Food Service Corp., third third-party plaintiff-respondent (and another action). (Index No. 3255/98)
| DECISION & ORDER ON MOTION |
Motion by the third third-party plaintiff-respondent to enlarge the time of all respondents to serve and file their respective briefs on an appeal from an order of the Supreme Court, Nassau County, entered January 21, 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 respondents' time to serve and file their respective briefs is enlarged until April 16, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9090
M/nal
|
2004-01989 In the Matter of Steven B. (Anonymous), appellant. (Docket No. D-24723/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated February 9, 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
M9088
M/nal
|
2004-01993 In the Matter of Rory H. (Anonymous), appellant, v Mary M. (Anonymous), respondent. (Docket Nos. V-03549-03, V-04323-03)
| SCHEDULING ORDER |
Appeal by Rory H. from an order of the Family Court, Queens County, dated December 23, 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 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
M9070
M/nal
|
2003-00481, 2003-00483 In the Matter of Nicole Knight, et al., respondents, v Christopher Griffith, appellant. (Proceeding No. 1) (Docket No. V-09410-02) In the Matter of Nicole Knight, et al., respondents, v Cheryl D. Griffith, appellant. (Proceeding No. 2) (Docket No. V-16275-02)
| SCHEDULING ORDER |
Appeals by Christopher Griffith from two orders of the Family Court, Kings County, both dated November 22, 2002. By decision and order on motion dated March 5, 2004, the following named attorney was assigned to prosecute the appeals:
Mark Diamond, Esq.
Box 1805
Murray Hill Station
New York, New York 10016
(212) 889-0897
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the 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 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 5, 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
M9115
S/sl
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2003-06037 ORDER ON APPLICATION In the Matter of Paul Koenigsberg, petitioner, v New York State Motor Vehicles Appeals Board, respondent.
(Index No. 9178/03)
|
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated June 12, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9098
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-01926 In the Matter of Lydia Kowalski, respondent, v Jerome Kowalski, appellant.
(Docket No. F-157-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated March 5, 2004, inter alia, to stay enforcement of the order and to direct the release of the appellant from custody, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9094
M/nal
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2004-01922 In the Matter of Jean C. Mahoney, appellant, v William C. Goggins, respondent. (Docket No. F-16784-03)
| SCHEDULING ORDER |
Appeal by Jean C. Mahoney from an order of the Family Court, Suffolk County, dated February 10, 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
M9091
M/nal
|
2004-01924 In the Matter of Kevonntte Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shantte W. (Anonymous), appellant, et al., respondent. In the Matter of Teonni Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Shantte W. (Anonymous), appellant, et al., respondent. (Docket Nos. B-15867-03, B-15868-03)
| SCHEDULING ORDER |
Appeal by Shantte W. 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 proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court 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
M9092
M/nal
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2004-01929 In the Matter of Destiny Diamond Porsha N.-R. (Anonymous). Episcopal Social Services, respondent; Juliann C. N. (Anonymous), appellant. (Docket No. B-11796/01)
| SCHEDULING ORDER |
Appeal by Juliann C. N. from an order of the Family Court, Kings County, dated January 8, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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
M9093
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2004-01997 In the Matter of Kathleen O'Shea, appellant, v Edward F. Parker III, respondent. (Docket No.V-09075/02)
| SCHEDULING ORDER |
Appeal by Kathleen O'Shea from an order of the Family Court, Queens County, dated February 6, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the 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
M9089
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2004-02009 In the Matter of Nancy A. Sebastiani, respondent, v Sam T. Locatelli, appellant. (Docket No. F-16153/02)
| SCHEDULING ORDER |
Appeal by Sam T. Locatelli from an order of the Family Court, Westchester County, dated February 9, 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
M9120
C/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
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2002-11580, 2002-11582, 2002-11583 In the Matter of Jason T. (Anonymous). Administration for Children's Services, respondent; Federico T. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N 4051/02) In the Matter of Jaden T. (Anonymous). Administration for Children's Services, respondent; Federico T. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N 4052/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 22, 2003, which determined appeals from three orders of the Family Court, Queens County, one dated September 25, 2002, and two dated November 26, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9084
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2004-01930 In the Matter of Anthony Jerome W. (Anonymous). Episcopal Social Services, respondent; Juliann C. N. (Anonymous), appellant. (Docket No. B-18854/99)
| SCHEDULING ORDER |
Appeal by Juliann C. N. from an order of the Family Court, Kings County, dated January 8, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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
M9040
F/
NANCY E. SMITH, J.
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2003-10876 The People, etc., plaintiff, v Sherman Durden, defendant. (Ind. No. 16875/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 10, 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.
NANCY E. SMITH
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9041
F/
A. GAIL PRUDENTI, P.J.
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2004-00716 The People, etc., plaintiff, v Ricardo Guzman, defendant. (Ind. No. 5328/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 28, 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.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9105
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
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2003-10206 The People, etc., plaintiff, v Luis Macias, defendant. (Ind. No. 625/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se for leave to reargue his motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered October 9, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this court dated January 21, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk