APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9453
E/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-06632 Concordia General Contracting, respondent, v Nelson Peltz, appellant. (Index No. 5171/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered June 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's time to perfect the appeal is enlarged until April 26, 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.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9401
J/sl
|
2003-08020 Loretta Corbisiero, et al., appellants, v Howard Hecht, et al., respondents. (Index No. 6834/00)
| 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, Suffolk County, dated July 24, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' brief must be served and filed on or before May 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9403
O/sl
GLORIA GOLDSTEIN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
1999-05197 Lynn Wicks Foerster, etc., respondent, v Community Hospital of Western Suffolk, et al., appellants. (Index No. 25857/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Suffolk County, dated May 10, 1999, to dismiss the appeals for failure to perfect, and applications by the appellant Eugene Kuchner, the appellants Allen Zippen, Arjen Keuskamp, and Mid-Suffolk Neurosurgical Associates, and the appellant Bruce Portner to withdraw their respective appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the applications by the appellant Eugene Kuchner, the appellants Allen Zippen, Arjen Keuskamp, and Mid-Suffolk Neurosurgical Associates, and the appellant Bruce Portner to withdraw their respective appeals are granted and the appeals of those parties are marked withdrawn; and it is further,
ORDERED the motion to dismiss the appeal of the appellant Community Hospital of Western Suffolk is denied, with leave to renew when the bankruptcy stay is lifted; and it is further,
ORDERED that the motion is otherwise denied as academic.
GOLDSTEIN, J.P., H. MILLER, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9428
S/sl
|
2003-03390 Icy Splash Food & Beverage, Inc., et al., respondents, v Felix Henckel, et al., appellants. (Index No. 9447/97)
| 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 and judgment (one paper) of the Supreme Court, Kings County, dated March 5, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 29, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9450
Y/nal
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2003-01869
Jin Hai Zhang, et al., respondents, v Advanced Medical Rehabilitation of New York, P.C., defendants, Vincent Gulfo, etc., appellant. (Index No. 378/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 21, 2003, which was determined by decision and order of this court dated November 24, 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., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9414
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-06576, 2003-06588 Zalman Klein, appellant, v Aryeh Gutman, et al., respondents. (Index No. 35890/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated December 13, 2002, and December 18, 2002, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until May 25, 2004, and the record or appendix on the appeals 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.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9468
O/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-07210
Dawn Lawson, et al., plaintiffs-respondents, v Aspen Ford, Inc., defendant third-party plaintiff-respondent; Ford Motor Company, defendant third-party defendant-appellant. (Index No. 10861/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 24, 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 it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 30, 2004, and the record or appendix on the appeal and the appellant's 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
M9422
S/sl
|
2003-00831 ORDER ON APPLICATION Eunice Marte, et al., respondents, v Town of Greenburgh, et al., appellants.
(Index No. 13663/02)
|
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 and judgment (one paper) of the Supreme Court, Westchester County, dated December 17, 2002.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on March 24, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9420
S/sl
|
2003-05928
NYCTL 1997-1 Trust, et al., respondents, v Moises A. Vila, appellant, et al., defendants. (Index No. 45357/99)
| 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 March 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 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
M9385
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-06636
Olga Ruiz, appellant, v 225 Mall, LLC, et al., respondents. (Index No. 2454/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Waldbaum's, Inc., to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated June 4, 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 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., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9424
PL/sl
|
2003-07696 Alba Sanchez, appellant, v The City of New York, et al, respondents. (Index No. 18993/99)
| 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 July 21, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 22, 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
M9460
O/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
NANCY E. SMITH
REINALDO E. RIVERA, JJ.
|
2003-05218 Michael Sparkes, appellant, v Alvin Berger, etc., et al., defendants third-party plaintiffs- respondents; New York Methodist Hospital, third-party defendant second third-party plaintiff- respondent; M.R.S. Inc., d/b/a Renovations Unlimited, third-party defendant second third- party defendant-respondent. (Index No. 1270/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent New York Methodist Hospital on an appeal from an order of the Supreme Court, Queens County, dated March 24, 2003, to strike the appellant's appendix and brief or, in the alternative, to enlarge the respondents' time to serve and file their respective briefs and joint respondents' appendix.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's appendix and brief is granted to the extent that on or before April 26, 2004, the appellant shall serve and file a supplemental appendix containing the affirmations or affidavits of the parties submitted in opposition and reply to the motions and cross motion which resulted in the order appealed from, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a joint respondents' appendix is granted and on or before May 26, 2004, the respondents, if they be so advised, may file a joint appendix (see CPLR 5528[b]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the respondents New York Methodist Hospital, Alvin Berger, Alvin Berger as trustee of the Shirley Kaufman Trust, and Shirley Kaufman to serve and file their briefs is enlarged and those respondents shall serve and file their briefs on or before May 26, 2004; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the respondent M.R.S, Inc., d/b/a Renovations Unlimited to serve and file a brief is denied as academic as that respondent filed its brief on March 24, 2004.
ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9413
J/sl
|
2003-07520 Lidia Vita, appellant, v Maria Elvira Torres Chavez, a/k/a Elvira Torres, et al., respondents. (Index No. 286/99)
| ORDER ON APPLICATION |
Application by the respondents Gilbert Perez and Arnaldo Gomez pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated July 23, 2003.
ORDERED that the application is granted and the time of the respondents Gilbert Perez and Arnaldo Gomez to serve and file a brief is enlarged until April 26, 2004, and the brief of those respondents must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9392
M/nal
|
2003-05960 In the Matter of Patti A. (Anonymous). Administration for Children's Services, petitioner- respondent; Kathryn A. (Anonymous), appellant; Mark H. (Anonymous), respondent-respondent; Arline A. (Anonymous), nonparty-respondent. (Docket No. N-11930-01)
| SCHEDULING ORDER |
Appeal by Kathryn A. from an order of the Family Court, Kings County, dated June 5, 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 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9408
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-11198 In the Matter of Elizabeth Bellom, respondent, v Lawrence Bellom, appellant. (Docket No. O-14073/03)
| DECISION & ORDER ON MOTION |
Appeal by Lawrence Bellom from an order of the Family Court, Westchester County, dated November 26, 2003. By order to show cause dated March 8, 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 January 23, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.
Now, on the court's own motion, and the papers filed in support of the application and the papers filed in relation to the order to show cause, it is
ORDERED that the application is granted and the appeal is marked withdrawn; and is further,
ORDERED that motion is denied as academic.
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9393
M/nal
|
2003-07793, 2003-07794 In the Matter of Hilary Best, appellant, v Alma Belgrave, respondent. (Docket No. O-05234-03)
| SCHEDULING ORDER |
Appeals by Hilary Best from two orders of the Family Court, Queens County, dated July 10, 2003, and July 31, 2003, respectively. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until April 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9465
O/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-11465
In the Matter of Suzie Blackstock, respondent, v Ryan Foster, appellant. (Docket No. F-01916/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated October 14, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to 22 NYCRR 670.4(a), the scheduling order dated January 9, 2004, is amended to enlarge the appellant's time to perfect the appeal until May 26, 2004.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9426
R/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-05708 In the Matter of T'Challa D. (Anonymous). Angel Guardian-St. Mary's Children and Family Services, respondent; Shavonne R. (Anonymous), appellant.
(Docket No. B-7321/01)
| 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 January 26, 2004, which determined an appeal from an order of the Family Court, Kings County, dated June 20, 2003, and to stay the proceedings in the Family Court, Kings County, pending determination of this motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is denied; and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9395
M/nal
|
2003-02667, 2003-02668 In the Matter of Samuel Diaz, petitioner- respondent, v Joseline Santiago, appellant, Administration for Children's Services, respondent-respondent. (Docket Nos. V-7410-01, V-7411-01)
| SCHEDULING ORDER |
Appeals by Joseline Santiago from two orders of the Family Court, Queens County, both dated February 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 23, 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 appeals, 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
M9404
Y/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01437 In the Matter of James Andrew Francischelli, appellant, v Delores A. Andino, respondent. (Docket No. V-15106-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated December 12, 2003, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied with leave to the appellant to renew, on or before April 24, 2004, upon the submission of proper papers pursuant to CPLR 1101 (a) establishing that he is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9416
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-01474 In the Matter of Anthony Christopher G. (Anonymous), Jr. St. Christopher-Ottilie, respondent; Anthony G. (Anonymous), appellant. (Docket No. B-1880/02)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated January 2, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before April 8, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before April 29, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9402
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-11115 In the Matter of LeVonn G. (Anonymous). Department of Social Services, respondent; Cecelia G. (Anonymous), appellant. (Docket No. N 11117/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute appeal from an order of the Family Court, Suffolk County, entered November 18, 2003, as a poor person, to dispense with printing, and for a free transcript.
Upon the papers filed in support of the motion and papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the Clerk of the Family Court, and the Clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant's counsel. Appellant's counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further, Go to Top. SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9425
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-10043 In the Matter of Anthony L. Gagliardo, appellant, v Linda S. Gagliardo, respondent. (Docket No. V-4870/95)
| DECISION & ORDER ON MOTION |
Appeal by Anthony L. Gagliardo from an order of the Family Court, Suffolk County, dated September 25, 2003. By order to show cause March 1, 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 January 5, 2004, issued pursuant to 22 NYCRR 670.4(a) by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the application and the papers filed in response to the order to show cause, it is
ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the order to show cause is denied as academic.
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9405
J/sl
|
2003-10712 In the Matter of Salvador Galdamez, petitioner, v Chris Davis, etc., et al., respondents. (Index No. 5707/03)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78, which was transferred to this court by an order of the Supreme Court, Orange County, dated October 9, 2003.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding 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 his brief on the proceeding is enlarged until June 8, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9466
O/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-09626
In the Matter of Adela Hopkins, etc., respondent, v Anthony Esposito Sr., etc., appellant. (Index No. P-00795/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated July 14, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto; it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 439[e], 1112); and it is further,
ORDERED that the motion is denied as academic.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9421
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-04014 In the Matter of Eric Kachelhofer, respondent, v Rose Wasiak, appellant. (Docket No. V-03339/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, on an appeal from an order of the Family Court, Queens County, dated April 4, 2003, for poor person relief, for the assignment of counsel, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondent'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 motion is otherwise denied.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9390
M/nal
|
2004-01859 In the Matter of Elisa Rosenberg Krakower, respondent, v Arthur L. Krakower, appellant. (Docket Nos. F-05729-03)
| SCHEDULING ORDER |
Appeal by Arthur L. Krakower from an order of the Family Court, Nassau County, dated February 27, 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 proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M9397
M/nal
|
2003-08074 In the Matter of Christian T. L. (Anonymous), appellant. (Docket No. D-1461/03)
| SCHEDULING ORDER |
Appeal by Christian T. L. from an order of the Family Court, Suffolk County, dated August 14, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 22, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9394
M/nal
|
2002-10046 In the Matter of Richard Olson, appellant, v Randi Olson, respondent. (Docket Nos. V-3753-01, V-3754-01)
| SCHEDULING ORDER |
Appeal by Richard Olson from an order of the Family Court, Suffolk County, dated October 7, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to serve and file a reply brief on the appeal is enlarged until April 9, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9457
E/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-04864
In the Matter of Mary Veronica R. (Anonymous). Suffolk County Department of Social Services, respondent; Yoan R. (Anonymous), appellant. (Docket No. N-1392-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Family Court, Suffolk County, dated May 6, 2003, to enlarge the record on appeal and to enlarge her time and the time of the Law Guardian to serve and file their respective briefs.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent is directed to subpoena from the Clerk of the Family Court, Suffolk County, the original papers of the proceedings of the Family Court, Suffolk County, under Docket Nos. N-1913/97 and N-1774/98 and have them filed with the Clerk of this court; and it is further,
ORDERED that the appellant is granted leave to serve and file a replacement brief on or before May 10, 2004, if she be so advised, and the replacement brief, if any, must be served and filed on or before that date; and it is further,
ORDERED that the time of the respondent and the Law Guardian to serve and file a brief is enlarged until June 9, 2004, and their respective briefs 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
M9419
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-10765 In the Matter of Yesenia T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-258/03) In the Matter of Yasmin T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-259/03) In the Matter of Sulayma Brianna T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-260/03) In the Matter of Rebecca Lee T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-261/03) In the Matter of Julissa T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-262/03) In the Matter of Jenna Monique T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 6) (Docket No. B-263/03) In the Matter of Alberto T. (Anonymous). Suffolk County Department of Social Services, respondent; Gloria T. (Anonymous), appellant. (Proceeding No. 7) (Docket No. B-264/03)
| DECISION & ORDER ON MOTION |
Appeal by Gloria T. from an order of the Family Court, Suffolk County, dated October 17, 2003. By order to show cause dated March 1, 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 January 6, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers 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 January 6, 2004 (see 22 NYCRR 670.4[5]).
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9464
O/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01655
In the Matter of Byron Voutsinas, appellant, v George Voutsinas, respondent. (Index No. 005272/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an arbitration award dated April 17, 2003, and a judgment of the Supreme Court, Nassau County, entered October 10, 2003, pending hearing and determination of an appeal from an order of the same court dated January 26, 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.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9410
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-00035 In the Matter of Christopher W. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Destiny R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Michael R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent (Proceeding No. 3) (Docket Nos. NN-3669/03, NN-3670/03, NN-3671/03)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated October 31, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York, 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Marsha E. Koretzky
P.O. Box 943
Goshen, New York 10924
(845) 294-1611
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9417
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-00035 In the Matter of Christopher W. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Destiny R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Michael R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent (Proceeding No. 3) (Docket Nos. NN-3669/03, NN-3670/03, NN-3671/03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, on an appeal from an order of the Family Court, Orange County, dated October 31, 2003, to grant the appellant leave to prosecute the appeal as a poor person and to assign Lisa H. Blitman as attorney for the appellant.
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 denied with leave to the renew, on or before April 15, 2004, upon the submission of proper papers by the appellant establishing that the appellant is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8906
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2004-01434 In the Matter of Eleni Zahoudanis, a/k/a Helen Zahoudanis, deceased. John Michael Spanakos, petitioner-appellant- respondent; Mary Zahoudanis, objectant- respondent-appellant; Kenneth Allen Habel, nonparty-appellant-respondent.
(File No. 6908/86)
| DECISION & ORDER ON MOTION |
Motion by Kenneth Allen Habel, nonparty-appellant-respondent, the attorney for the executor, to stay all proceedings in the above-entitled matter pending hearing and determination of an appeal from a decree of the Surrogate's Court, Kings County, dated January 9, 2004. Separate motion by the objectant-respondent-appellant to dismiss the appeal on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for a stay is granted and all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before April 23, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 23, 2004, the court, on its own motion, may vacate the stay, or the objectant-respondent-appellant may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion to dismiss the appeal is denied.
RITTER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9444
S/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-00550 The People, etc., respondent, v Robbie Dolberry, appellant. (Ind. No. 5668/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 28, 2004, in the above-entitled case is amended by deleting from the second decretal paragraph thereof the date "March 29, 2004", and substituting therefor the date "May 17, 2004".
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9409
F/
BARRY A. COZIER, J.
|
2003-11013 The People, etc., plaintiff, v Maurice Duhaney, defendant. (Ind. No. 3162/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 24, 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.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9418
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2001-06682 The People, etc., respondent, v Felix Fernandez, appellant. (Ind. No. 1375/99)
| DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 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 denied.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01-A-4221
Clinton Correctional Facility
Box 2001
Dannemora, NY 12929
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9459
E/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-01730 The People, etc., respondent, DECISION & ORDER v Michael Mack, appellant. (Ind. No. 1163/01)
| ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 13, 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 June 10, 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
M9412
F/
NANCY E. SMITH, J.
|
2003-11300 The People, etc., plaintiff, v Edwin Madden, defendant. (Ind. No. 2879/92)
| 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 2, 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
M9407
F/
BARRY A. COZIER, J.
|
2004-00271 The People, etc., plaintiff, v Yan Reznikov, defendant. (Ind. No. 5143/01)
| 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 December 2, 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.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9389
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2001-07603 The People, etc., respondent, v Luis Villanueva, appellant. (Ind. No. 2718/94)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 16, 2001, on the ground that the appeal was not properly perfected, or to direct the appellant to properly perfect the appeal within 30 days by providing the respondent with complete transcripts of the proceedings in the case, and to enlarge the time to serve and file a respondent's brief. By decision and order on motion dated February 17, 2004, the matter was remitted to the Supreme Court, Queens County, to report on whether the Supreme Court, Queens County, reviewed the plea and sentence minutes in the above-entitled action in making its determination pursuant to Correction Law article 6-C, and the motion was held in abeyance in the interim. The Supreme Court, Queens County, has filed its report.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, it is
ORDERED that the branches of the motion which are to dismiss the appeal or to direct the appellant to properly perfect the appeal are denied; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted, and the respondent's brief must be served and filed on or before April 26, 2004.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk