APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9499
L/
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-03388 Abel Abouelieil, et al., respondents, v M. Slavin & Sons, Ltd., appellant.
(Index No.22826/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 21, 2003.
Upon the stipulation of the attorneys for the respective parties, dated March 9, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9430
S/sl
|
2003-08832 Jamir Ali, et al., respondents, v Anani Agbolo, et al., defendants, Robert Day, appellant. (Index No. 700/01)
| 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, Nassau County, dated July 10, 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
M9479
E/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-10786 Elihau Avizov, et al., respondents, v Eduard Nektalov, et al., appellants.
(Index No. 17623/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 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 denied.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9489
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
NANCY E. SMITH
REINALDO E. RIVERA, JJ.
|
2002-11494, 2003-05756, 2003-09196 Bank of New York, etc., respondent, v Richard J. Castaldo, et al., appellants. (Index No. 5925/99)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 17, 2004, in the above-entitled case is amended by deleting from the first decretal paragraph thereof the date "April 21, 2004" and substituting therefor the date "May 21, 2004".
ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9482
L/
|
2003-06305 Anthony Coppersmith, et al., respondents, v Hub Truck Rental, defendant third-party plaintiff; CPC International, Inc., third-party defendant-appellant, et al., third-party defendants. (Index No. 24699/95)
| 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 May 9, 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
M9491
R/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE, JJ.
|
2003-010417, 2004-02088 Lillian Davis, respondent, v Marcus Garvey Nursing Home, appellant. (Index No. 48000/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Kings County, dated October 23, 2003, and a judgment of the same court dated January 30, 2004, to stay all proceedings to enforce the judgment, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, KRAUSMAN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9509
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05446, 2003-06670 Helen Deitz, et al., appellants, v Anna M. Huibregtse, respondent. (Action No. 1) (Index No. 5229/01) Mary Freudig, appellant, v Anna M. Huibregtse, respondent. (Action No. 2) (Index No. 4324/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant in Action No. 2 to consolidate appeals from two judgments of the Supreme Court, Dutchess County, both dated June 6, 2003, and to enlarge the time to perfect the appeal from the judgment in Action No. 2.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; a single record may be filed in connection with both appeals (see 22 NYCRR 670.8[c][1]); and it further,
ORDERED that the parties shall serve and file 10 copies of the record on appeal and their respective briefs; and it is further,
ORDERED that the time of the appellant in Action No. 2 (Appellate Division Docket No. 2003-06670) to perfect the appeal in that action is enlarged until April 13, 2004, and the joint record or appendix on both appeals and the appellants' briefs must be served and filed on or before that date.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9456
O/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-02744 Fred DiFranco, etc., appellant, v Margareite Essig, etc., et al., respondents, et al., defendants. (Index No. 9226/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered March 18, 2003, 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.
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9470
O/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2004-00903
Yenny Fernandez, plaintiff-respondent, v Andrea Car Service, Inc., et al., appellants, Mario F. Santa, respondent. (Index No. 26013/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 12, 2003, on the ground that it was not timely taken.
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, insofar as asserted against the defendant-respondent.
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9469
O/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-06753
Samuel Friedler, et al., plaintiffs-respondents, v Vassiliki Palyompis, defendant, Nasti and Company, Inc., et al., defendants-respondents, Coldwell Banker, Inc., appellant. (Index No. 22821/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, 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 to the extent that the plaintiffs-respondents' time to serve and file a brief is enlarged until May 11, 2004, and the plaintiffs-respondents' brief must be served and filed on or before that date, and the motion is otherwise denied.
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9505
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07405 Denise Garrett, et al., appellants, v Karo Manaser, respondent. (Index No. 21766/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant Denise Garrett to withdraw her appeal from a judgment of the Supreme Court, Kings County, dated July 25, 2003, to strike the brief filed by Beck, Gewurz & Strauss to the extent it was filed on her behalf, for leave to submit a respondent's brief after the appellant Jane Millman submits a new brief, for costs and an attorney's fee, to enjoin Beck Gewurz & Strauss from seeking to recover any costs or fees in connection with the appeal, and, in effect, to relieve Beck Gewurz & Strauss from representing her on the appeal.
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 branches of the motion which are to withdraw the appeal by Denise Garrett and to relieve Beck Gewurz & Strauss from representing her on the appeal are granted, the appeal by Denise Garret is marked withdrawn, and Beck Gewurz & Strauss is relieved from representing her on the appeal; and it is further,
ORDERED that the branch of the motion which is to strike the brief filed by Beck, Gewurz & Strauss on behalf of the appellants is granted to the extent that so much of the brief as raises issues on behalf of the appellant Denise Garrett is deemed stricken and will not be considered in the determination of the appeal and that branch of motion is otherwise denied; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9481
L/
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2002-08011 German School of New York, appellant-respondent, v Losco Group, Inc., et al., respondents-appellants, et al., defendants. (Action No. 1) (Index No. 00-1657) Losco Group, Inc., respondent-appellant, v German School of New York, appellant-respondent (and a third-party action). (Action No. 2) (Index No. 00-3545)
| DECISION & ORDER ON APPLICATION Withdraw Appeal & Cross Appeals on Stipulation |
Application to withdraw an appeal and cross appeals from an order of the Supreme Court, Westchester County, dated July 19, 2002.
Upon the stipulation of the attorneys for the respective parties, dated November 11, 2003, it is
ORDERED that the application is granted and the appeal and cross appeals are deemed withdrawn, without costs or disbursements.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9431
S/sl
|
2003-08672 Robert A. Gilbert, et al., appellants, v Katharyn L. Laranger, et al., respondents. (Index No. 821/01)
| 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, Putnam County, dated August 20, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 31, 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
M9433
S/sl
|
2003-08280 Jose Gurgitano, et al., appellants, v Pace University, defendant third-party plaintiff-respondent; ISS International Services Systems, Inc., third-party defendant-respondent.
(Index No. 348/98)
| ORDER ON APPLICATION |
Application by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated June 17, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 10, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9471
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-06493, 2003-06495 Timothy Hegarty, respondent, v Mohamed Ballee, appellant. (Index No. 1976/01)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, Nassau County, dated March 14, 2003, and an order of the same court, dated June 2, 2003.
ORDERED that on the court's own motion the appeal from the decision (Appellate Division Docket No. 2003-06495) is dismissed, without costs or disbursements, 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 application which is to enlarge the time to perfect the appeal from the order dated March 14, 2003 (Appellate Division Docket No. 2003-06493) is granted and the appellant's time to perfect that appeal is enlarged until May 24, 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; and it is further,
ORDERED that the application is otherwise denied as academic.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9302
F/
GLORIA GOLDSTEIN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-08789
Peter Hendrickson, respondent, Kellie Hendrickson, appellant. (Index No. 15339/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, dated August 5, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are for leave to proceed on the original papers, for free transcripts, and to waive the filing fee, are granted; and it is further,
ORDERED that the filing fee is waived; and it is further,
ORDERED that pursuant to statute (CPLR 1102[b]), the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant or her attorney and file the other with an affidavit of the fact and date of such delivery and filing. The appellant is directed to turn over said transcripts to the respondent when counsel serves the appellant's brief upon the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant counsel shall prosecute the appeal expeditiously in accordance with any scheduling orders or orders issued pursuant to § 670.4 (a) of the rules of this count (see 22 NYCRR 670.4[a]); and it is further,
ORDERED that the branch of the motion which is for the assignment of counsel is denied, and it further,
ORDERED that if a trial or hearing was held, appellant is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
GOLDSTEIN, J.P., H. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9480
L/
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-03763 Michael Hennessey, respondent, v 91 American Grocery, et al., appellants, et al., defendants.
(Index No. 28390/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from an order of the Supreme Court, Queens County, dated March 14, 2003.
Upon the stipulation of the attorneys for the respective parties, dated on or about March 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
KRAUSMAN, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9519
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-07037 Maire L. Horsky, respondent, v 101 South 3rd Street Redevelopment Association, appellant.
(Index No. 13958/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 21, 2003.
Upon the stipulation of the attorneys for the respective parties, dated March 16, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9303
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-09149 Rana Z. Iqbal, et al., respondents, v Alexsandr Petrov, defendant, Simon Roth, appellant. (Index No. 32251/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 10, 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 a brief is enlarged until April 26, 2004, and the respondents' 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
M9432
Y/nal
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-05545
J & R Landscaping, Incorporated, appellant, v Herodotus Damianos, etc., respondent. (Index No. 31547/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated May 10, 2002, which was determined by decision and order of this court dated November 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 denied, with $100 costs.
RITTER, J.P., SANTUCCI, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9437
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-09512, 2004-00624 Ali Juseinoski, appellant, v Board of Education of the City of New York, et al., respondents. (Index No. 845/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated September 26, 2003, and December 4, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9493
L/
A GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2002-10394, 2003-00655, 2003-01980 Louis Mariani, appellant, v Salvatore
(Index No. 32611/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation Mangiameli, et al., respondents. |
Application to withdraw appeals from three orders of the Supreme Court, Kings County, dated October 16, 2002, November 26, 2002, and January 28, 2003, respectively.
Upon the stipulation of the attorneys for the respective parties, dated March 5, 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9495
L/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-06526 Selaudin Marke, respondent, v Q.B. Associates, etc., appellant.
(Index No. 43643/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 11, 2003.
Upon the stipulation of the attorneys for the respective parties, dated March 16, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9310
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-07032 Marianna Reis, respondent, v William & John Street Associates, LLC, et al., defendants, New York Elevator Company, Inc., appellant. (Index No. 15539/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 16, 2003, in effect, to recall and vacate an order on application of this court, dated February 11, 2004, which granted the appellant's application to withdraw the appeal, and to dismiss the appeal for failure to timely perfect the same.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9467
Y/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01733 Eli Salem, et al., appellants, v New York City Housing Authority, et al., respondents. (Index No. 44807/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs for leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 27, 2004, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated February 27, 2004, pending hearing and determination of the appeal is granted on condition that the appeal is perfected on or before April 27, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 27, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9508
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-08737 Anant Sewkarran, appellants, v Anthony DeBellis, etc., et al., respondents. (Index No. 05306/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Westchester County, entered August 20, 2003, to enlarge the record on appeal to include their reply papers submitted to the Supreme Court, Westchester County, in connection with the motion which resulted in the order on 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.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9461
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2002-07869 Jaquan Washington Smith, etc., et al., appellants, v Saira Ahmad, et al., defendants third-party plaintiffs; CGU Insurance Company, etc., third- party defendant-respondent. (Index No. 6030/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - March 2003 Calendar", dated April 3, 2003, as dismissed an appeal from an order of the Supreme Court, Nassau County, entered July 15, 2002, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, 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.
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9474
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-06243 Frances Welsh, et al., plaintiffs, v Cyril Okolie, defendant, Phyllis Okolie, appellant, Town of Hungtington, respondent. (Index No. 08702/01)
| DECISION & ORDER ON MOTION |
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, Suffolk County, dated June 13, 2003.
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order which dismissed the complaint as against the defendant Town of Huntington (see Martinez v City of New York, 307 AD2d 989); and it is further,
ORDERED that the application is denied as academic.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9458
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-01121 Boguslaw Wiltos, respondent, v 1230 Park Owners, Inc., et al., appellants (and a third-party action). (Index No. 28549/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated December 17, 2002, which was determined by decision and order of this court dated November 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., SMITH, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9483
L/
A. GAIL PRUDENIT, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-03436
In the Matter of AIU Insurance Company, petitioner-respondent, v Owen Johnson, et al., respondents-respondents; Deerbrook Insurance Company, appellant. (Index No. 1040/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 19, 2003.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9510
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-11322 In the Matter of Lexsy Rosario Ayala, respondent, v Angel Ayala, appellant. (Docket No. F-6265/02)
| DECISION & ORDER ON MOTION |
Appeal by Angel Ayala from an order of the Family Court, Kings County, dated November 12, 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 8, 2004, 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 January 8, 2004 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9451
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2002-01239 In the Matter of Annette B.(Anonymous). Orange County Department of Social Services, respondent; Joseph B. (Anonymous), appellant. (Docket No. B-1121-01)
| DECISION & ORDER ON MOTION |
Separate motions by the appellant and the Law Guardian for leave to reargue an appeal from an order of the Family Court, Orange County, dated December 27, 2001, 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 motions and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9435
Y/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2001-07609, 2001-07828 In the Matter of Best Payphones, Inc., appellant, v Department of Information Technology and Telecommunications of City of New York, respondent. (Index No. 23760/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 27, 2001, and an order of the same court dated September 5, 2001, which were 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
M9497
L/
|
2003-08736 In the Matter of Christopher Browne, petitioner, v County of Dutchess, et al., respondents. (Index No. 2947/03)
| ORDER ON APPLICATION Withdraw Proceeding on Stipulation |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated October 2, 2003.
Upon the stipulation of the parties, dated March 18, 2004, it is
ORDERED that the proceeding is marked withdrawn only as against the respondent Edmund V. Caplicki, Jr.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9507
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-09760
In the Matter of Emmanuel Gonzalez, respondent, v Sofia Gonzalez, appellant. (Docket Nos. V-02331-02, V-02332-02, V-02333-02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Family Court, Kings County, dated September 25, 2002.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9502
R/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07171 In the Matter of Carla Gottlieb, respondent, v David Gottlieb, appellant. (Proceeding No. 1) (Docket No. F-1393/01) In the Matter of David Gottlieb, appellant, v Carla Gottlieb, respondent. (Proceeding No. 2) (Docket No. F-2382/01)
| DECISION & ORDER ON MOTION |
Appeal by David Gottlieb from an order of the Family Court, Nassau County, dated June 30, 2003. By order to show cause dated March 8, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), 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 12, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and upon 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 12, 2004 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9475
E/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-01897 In the Matter of Grand Jury Subpoena Served on Sam Bruchey, appellant. Thomas J. Spota, respondent.
(Index No. 593861/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, joined by the respondent, for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2004.
Upon the papers filed in support of the motion and the stipulation of the parties, it is
ORDERED that the motion is granted, and the appeal will be calendared expeditiously.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9524
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-00818 In the Matter of John-David Hamilton, respondent, v Valerie Mitchell, appellant. (Docket No. V-00117-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, entered June 17, 2003, as abandoned. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and 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 deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9501
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-08535 In the Matter of Riva Lava, respondent, v Andreas Damianou, appellant. (Docket No. P-3894/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.4[a][3] to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated August 18, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 10, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9439
O/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-09206, 2003 09207 In the Matter of John Mandala, appellant, v Brion Travis, et al., respondents. (Index No. 150/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute appeals from two orders of the Supreme Court, Westchester County, entered March 26, 2003, and July 29, 2003, respectively, on the original papers, to waive the filing fee, and to enlarge the time to perfect the appeals.
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 filing fee is waived; and it is further,
ORDERED that the appeals shall 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 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 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until May 26, 2004.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9506
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2001-05906 In the Matter of Lucrecia Ortiz, appellant, et al., plaintiffs, v Gina Ortiz, respondent. (Docket No. V-21433/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated May 25, 2001, inter alia, for leave to serve and file a supplemental brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9498
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-06088, 2003-06089 In the Matter of Michelle Quinones, respondent, v Louis Albert Lopez, appellant. (Docket No. V-02368-99)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.4[a][3] to enlarge the time to perfect appeals from two orders of the Family Court, Queens County, both dated June11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and 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 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until May 15, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9462
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2002-04220 The People, etc., respondent, v Johnny Gueits, appellant. (Ind. No. 2121/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to serve and file an oversized brief on an appeal from a judgment of the Supreme Court, Queens County, rendered April 30, 2002, and to enlarge the time to serve and file the brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondent may file a brief that contains 21,000 words or less; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until April 26, 2004, and the respondent's brief must be served and filed on or before that date.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9443
Y/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-05351 The People, etc., respondent, v Melantha Matthews, appellant. (Ind. No. 1625/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Westchester County, rendered May 6, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
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 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until May 26, 2004.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9452
Y/nal
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
NANCY E. SMITH
REINALDO E. RIVERA, JJ.
|
2003-01646 The People, etc., respondent, v Andre Rogers, appellant. (Ind. No. 3461/01)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a 52-page, handwritten supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered February 6, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant shall file nine copies of the 52-page handwritten supplemental brief and serve one copy on the District Attorney on or before May 10, 2004.
ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03-A-0946
Elmira Correctional Facility
Box 500
Elmira, NY 14902
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9490
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-09566 The People, etc., respondent, v Gabriel Vazquez, appellant. (Ind. No. 285/00)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the County Court, Dutchess County, rendered September 19, 2001. By decision and order on motion dated February 18, 2004, the appellant or his attorney were directed to show cause why an order should not be entered dismissing the appeal on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and the appellant had not sought leave to file a late notice of appeal.
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.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9429
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2001-07605 The People, etc., respondent, v Sidiki Weay, appellant. (Ind. No. 2940/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered July 30, 2001, which was determined by decision and order of this court dated December 1, 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.
SANTUCCI, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk