APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9290
A/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2002-07977 Paul Alicanti, et al., respondents, v William F. Bianco, et al., appellants, et al., defendant. (Index No. 17985/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an amended order of the Supreme Court, Nassau County, dated July 25, 2002, which was determined by decision and order of this court dated December 1, 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, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9322
L/
|
2003-10173 Robert Blount, et al., appellants, v Nasha Ahmed, etc., et al., respondents. (Index No. 28194/97)
| 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 July 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M9320
L/
|
2003-08501 Century Building Materials, LLC, respondent, v Realty Group Construction Corp., et al., appellants. (Index No. 3715/03)
| 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 August 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M9188
CF/
|
2003-09269 Mary S. Connella, et al., appellants, v Robert Palombo, et al., respondents. (Index No. 877/03)
| 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 September 26, 2003, insofar as asserted against the defendants Hamilton Ferris and R. Ferris Real Estate, LLC.
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 insofar as asserted against Hamilton Ferris and R. Ferris Real Estate, LLC, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9326
L/
|
2003-08477 Jason Davis, appellant, v Theresa Niebuhr, et al., respondents. (Index No. 4432/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated July 23, 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
M9328
L/
|
2003-09909 Jason Davis, appellant, v Theresa Niebuhr, et al., respondents. (Index No. 4432/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 22, 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
M9351
L/
|
2003-09037 Albert Gallo, appellant, v Rosanne Gallo, respondent. (Index No. 810/01)
| 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 July 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
M9289
A/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2002-00039
Patrick J. Gillis, et al., appellants, v Toll Land XIII Limited Partnership, respondent, et al., defendants. (Index No. 17546/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 6, 2003, which determined an appeal from a judgment of the Supreme Court, Westchester County, entered November 2, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9346
L/
|
2004-00144 Richard Giustiniani, et al., plaintiffs-respondents, v Ikram Mohammad, appellant, Lugi Brandimarte, et al., defendants-respondents. (Index No. 30544/01)
| 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 November 10, 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
M9342
L/
|
2004-01872 Lilian Guadagno, respondent, v NY Physical Therapy, d/b/a Complete Care Physical Therapy, et al., appellants. (Index No. 10981/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 15, 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
M9270
M/nal
|
2004-00668 Debra Halbig, respondent, v Joseph Halbig, appellant. (Index No. 00-9699)
| SCHEDULING ORDER |
Appeal by Joseph Halbig from an order of the Supreme Court, Suffolk County, dated December 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 17, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9362
L/
|
2003-10561 Hall Dickler Kent Goldstein & Wood, LLP, appellant, v Deborah Ross Abrams, a/k/a Deborah Ross, respondent. (Index No. 15051/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated November 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
M9349
L/
|
2003-10429 Marcia Irving, et al., respondents, v S.E. Ruiz-Bayona, et al., appellants, et al., defendants. (Index No. 50352/01)
| 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 September 30, 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
M9316
R/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-04643, 2003-07269
David Kyriazis, et al., plaintiffs-respondents, v Barry, Bette & Led Duke, Inc., et al., defendants, Vassar Brothers Hospital, defendant-respondent, Barr & Barr, Inc., appellant. (Index No. 2000/36)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent on an appeal from an order of the Supreme Court, Dutchess County, dated April 14, 2003, and a judgment of the same court, entered July 12, 2003, to strike stated portions of the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9356
PL/sl
|
2003-09031, 2003-09032 ORDER ON APPLICATION Ilias Lelekakis, f/k/a Elias Leckas, appellant, v Stanley Kamamis, et al., respondents.
(Index No. 28566/01)
|
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 two orders of the Supreme Court, Queens County, dated June 16, 2003, and July 17, 2003, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 29, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9358
L/
|
2003-10936 James Lombardo, et al., respondents, v New Liberty Plaza, LP, defendant, Brookfield Financial Properties, LP, et al., appellants (and a third-party action). (Index No.25416/01)
| 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 October 31, 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
M9295
C/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00226 Sinecio Lopez, appellant, v State of New York, respondent. (Claim No. 103834)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Court of Claims, dated December 24, 2003, as a poor person, for free transcripts, to waive the filing fee, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are for free transcripts, to waive the filing fee, and for the assignment of counsel are denied.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9287
A/nal
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2003-00530 Linda M. McKibbin, et al., appellants, v Nissan Motor Co., Ltd., et al., defendants, Smithtown Nissan, Inc., respondent. (Index No. 6739/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2002, which was determined by decision and order of this court dated November 17, 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, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9355
PL/sl
|
2003-07609 Marie Mompoint, appellant, v New York City Transit Authority, et al., respondents. (Index No. 46828/99)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 19, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 5, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9361
L/
|
2003-10335 Anthony Mungo, respondent, v Gerald G. DiMaso, etc., appellant. (Index No. 12741/02)
| 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 November 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
M9350
L/
|
2003-10427 Raymond O'Leary, respondent, v George E. Fiallos, appellant. (Index No. 20219/02)
| 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 September 29, 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
M9359
L/
|
2003-10834 Beth L. Pruzan, appellant, v John C. Morreale, respondent. (Index No. 28000/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 25, 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
M9344
L/
|
2003-06652 Lisa Reilly, appellant, et al., plaintiff, v Tn O. Lee, et al., respondents. (Index No. 25183/00)
| 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 May 29, 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
M9353
L/
|
2004-00807 Diana Marcela Restrepo-Arango, et al., plaintiffs-respondents, v Federated Department Stores, Inc., et al., defendants-respondents, Shade Tree Contracting, Inc., defendant- appellant. (Index No. 17291/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 17, 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
M9297
C/nal
FRED T. SANTUCCI, J.P.
SONDRA MILLER
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2004-00771, 2004-00832
Rosemary Rose, respondent, v Gerard Rose, appellant. (Index No. 9178/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered March 8, 2004, pending hearing and determination of appeals from the judgment, an order of the same court dated January 7, 2004, and a decision of the same court dated January 8, 2004, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that on the court's own motion, the appeal from the order is dismissed, as the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order will be brought up for review and will be considered on the appeal from the judgment (see CPLR 5501[a][1]); and it is further,
ORDERED that on the court's own motion, the appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp. 100 AD2d 509); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.
SANTUCCI, J.P., S. MILLER, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9307
S/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-07937
Royal Caterers, LLC, et al., appellants, v Marine Midland, et al., respondents. (Index No. 1122/99)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs from an order of the Supreme Court, Dutchess County, dated July 29, 2002. By letter dated on or about March 10, 2004, the appellant Nat Matragrano, pro se, advised this court that the attorney for the appellants had withdrawn from representing them on this appeal.
Now, on the court's own motion, it is
ORDERED that no further proceedings shall be taken against the appellants, without leave of the court, until April 22, 2004.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M9293
C/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-06996 Maciej Sadowski, respondent, v Rip Construction Consultants, Inc., defendant, Houston Essex Realty Corp., et al., appellants. (Index No. 4250/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated July 16, 2003, and to direct the respondent to provide them with all of the trial exhibits in the respondent's possession.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to direct the respondent to provide the appellants with all of the trial exhibits in the respondent's possession is denied as academic as counsel for the respondent affirms that he has provided the appellants with all such exhibits; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellants' time to perfect the appeal is enlarged until May 26, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9323
L/
|
2003-07471 Marguerite Sagiv, respondent, v City of New York, appellant, et al., defendant. (Index No. 49713/01)
| 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 18, 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
M9352
L/
|
2003-08052 Jerry P. Schmidt, et al., appellants, v U-Haul Company of New York, et al., respondents. (Index No. 4463/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated July 17, 2003.
Upon the stipulation of the parties, dated March 15, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9296
S/sl
|
2003-06665 Omrie Scott, respondent, v City of New York, appellant, et al., defendant. (Index No. 4043/01)
| 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, Queens County, dated June 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 1, 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
M9338
R/nal
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00669
Leonard Slutsky, respondent, v Christopher Drew Interiors, Inc., defendant, Ali Jaber, et al., appellants. (Index No. 2507/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered December 30, 2003, pending hearing and determination of an appeal therefrom, and to amend the notice of appeal to add Christopher Drew Interiors, Inc., as an appellant.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to amend the notice of appeal to add Christopher Drew Interiors, Inc., as an appellant is denied as the order appealed from was entered upon the default of Christopher Drew Interiors, Inc., (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied without prejudice to obtaining the same relief based on a motion which is pending before the Supreme Court, Suffolk County.
KRAUSMAN, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9345
L/
|
2004-00975 Torretta Construction Corp., appellant, v Niki Tassios Theodorou, et al., respondents. (Index No. 11860/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 8, 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
M9292
C/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-03371 Michael Tucker, et al., respondents-appellants, v AM Sutton Associates, et al., appellants- respondents. (Index No. 06165/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated February 27, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the time of the appellants-respondents to perfect the appeal is enlarged until May 10, 2004, and the joint record or joint appendix on the appeal and the brief of the appellants-respondents must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9329
L/
|
2003-04489 Village of Wappingers Falls, appellant, v Barbara Tomlins, d/b/a Humpty Dumpty Day Care Center, et al., respondents. (Index No. 495/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9360
L/
|
2003-10430 Michislav Visnevskiy, respondent, v Rachel Schwartz Chai, et al., appellants. (Index No. 36453/01)
| 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 October 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9364
S/sl
|
2003-08937 Moses Werzberger, et al., respondents, v New York Professional Drywall Corp., appellant. (Index No. 8429/02)
| 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, Orange County, dated August 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 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
M9343
L/
|
2003-10462 In the Matter of Theresa Barton, appellant, v John Barton, respondent. (Docket No. F-05096/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated November 21, 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
M9288
C/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01702 In the Matter of Congregation Bnai Solomon Zalman of Crown Heights, respondent v Zev King, appellant. (Index No. 26210/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated January 22, 2004, pending the 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.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9280
M/nal
|
2003-06816 In the Matter of Scott D'Esposito, respondent, v Noel Francine Kepler, appellant. (Docket No. V-16161/01)
| SCHEDULING ORDER |
Appeal by Noel Francine Kepler from an order of the Family Court, Queens County, dated July 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9332
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2004-00840 In the Matter of Tracy Garrick, petitioner- appellant, v Barbara Tomlins, d/b/a Humpty Dumpty Day Care Center, et al., respondents- respondents; Village of Wappingers Falls, plaintiff-appellant. (Index No.4146/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Village of Wappingers Falls, to withdraw its appeal from an order of the Supreme Court, Dutchess County, dated January 13, 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 by the appellant Village of Wappingers Falls, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9276
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2004-00443 In the Matter of Christopher D. Gonzalez, respondent, v Marya Gonzalez, appellant. (Docket Nos. V-03259/99, V-03260/03)
| SCHEDULING ORDER |
Appeal by Marya Gonzalez from an order of the Family Court, Westchester County, dated December 18, 2003. By decision and order on motion of this court dated March 12, 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:
Teresa Stilo, Esq.
41 Tewesbury Road
Scarsdale, New York 10583
(914) 472-7669
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 12, 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
M9300
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GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2004-00686 In the Matter of Moira Guglielmone, appellant, v Timothy Leonard, respondent. (Docket No. O-12794-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated December 16, 2004, to modify stated portions of an order of the same court dated October 3, 2003, 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 denied.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9231
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2003-02010 In the Matter of Nicolette H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Austin H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Nathaniel S. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. NN-05013-02, NN-05013-02/02A, NN-05016-02, NN-05016-02/02A, NN-05017-02, NN-05017-02/02A, NA-05022-02, NA-05022-02A)
| SCHEDULING ORDER |
Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated February 10, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent John F. to serve and file a brief on the appeal is enlarged until April 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9278
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2002-09833 In the Matter of Debra L. Herman, respondent, v Robert J. Herman, appellant. (Docket No. F-1624-98)
| SCHEDULING ORDER |
Appeal by Robert J. Herman from an order of the Family Court, Nassau County, dated September 11, 2002. The appellant's brief was filed in the office of the Clerk of this court on February 5, 2004. By decision and order of this court dated March 12, 2004, the following attorney was assigned to represent the respondent on the appeal:
John M. Zenir, Esq.
114 Old Country Road - Suite 216
Mineola, New York 11501
(516) 746-0180
Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until April 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9267
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2003-10374 In the Matter of Jamal J. (Anonymous), respondent; Corporation Counsel of City of New York, appellant. (Docket No. D-22888/03)
| SCHEDULING ORDER |
Appeal by Presentment Agency from an order of the Family Court, Kings County, dated October 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 18, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9264
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2003-10380 In the Matter of Andre P. (Anonymous), respondent; Corporation Counsel of City of New York, appellant. (Docket No. D-22885/03)
| SCHEDULING ORDER |
Appeal by Presentment Agency from an order of the Family Court, Kings County, dated October 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 18, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9363
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2003-04183 In the Matter of Shelly Kaseen R. (Anonymous). Commissioner of Social Services, et al., respondents; Vivian H. (Anonymous), appellant. (Docket No. B-2064-01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated April 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
M9312
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GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2004-02214 In the Matter of Bernard Rhodes, respondent v Kathryn Woodruff, appellant. (Docket No. V-4340-03)
| DECISION & ORDER ON MOTION |
Appeal by Kathryn Woodruff from an order of the Family Court, Orange County, dated January 29, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Matter of Geraldine Rose W., 196 AD2d 313; CPLR 5511).
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9348
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MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
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2003-10221 In the Matter of Jean M. Salanitro, appellant, v Alfred J. Salanitro, respondent. (Docket No. V-501/98)
| DECISION & ORDER ON MOTION |
Appeal by Jean M. Salanitro from an order of the Family Court, Putnam County, dated October 15, 2003. By order to show cause dated January 30, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 17, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 17, 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
M9268
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2003-10377 In the Matter of Marquese T. (Anonymous), respondent; Corporation Counsel of City of New York, appellant. (Docket No. D-22887/03)
| SCHEDULING ORDER |
Appeal by Presentment Agency from an order of the Family Court, Kings County, dated October 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 18, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9311
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GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2002-08298 In the Matter of Town of Cortlandt, petitioner, v New York State Board of Real Property Services, respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to Real Property Tax Law § 1218. The petition was filed on September 13, 2002, and the answer was filed on March 24, 2003. The petitioner's brief was due on June 24, 2003, but was never filed.
Now, on the court's own motion, it is
ORDERED that the proceeding is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this court (see 22 NYCRR 670.18).
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9341
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2003-02797 The People, etc., respondent, v Alejandro Diaz, appellant. (Ind. No. 2892-02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the County Court, Suffolk County, rendered March 5, 2003.
Upon the stipulation of the parties, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9304
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
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2001-02163
The People, etc., respondent, v Juan Gomez, appellant. (Ind. No. 99-01640)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered January 10, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before May 28, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9285
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
SONDRA MILLER, JJ.
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1996-02289 The People, etc., respondent, v John Griffin, appellant. (Ind. No. 1001/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered February 27, 1996, which was determined by decision and order of this court dated February 17, 1998.
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, ALTMAN and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9315
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GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2002-01913
The People, etc., respondent, v Remi Illis, appellant. (Ind. No. 1725/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 26, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before April 27, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9347
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2001-03534 The People, etc., respondent, v Terrill Simon, appellant. (Ind No. 370/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered April 16, 2001.
Upon the stipulation of the parties, dated March 15, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk