Appellate Division: Second Judicial Department
M13260
L/
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
PETER B. SKELOS, JJ.
|
2003-04384
Alliant Foodservice, Inc., appellant-respondent, v Long Island Properties Corp., respondent-appellant.
(Index No. 16636/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 4, 2003.
Upon the stipulation of the attorneys for the respective parties, dated June 1, 2004, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
SMITH, J.P., KRAUSMAN, ADAMS and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13283
CF/
|
2004-00176 Allstate Insurance Company, a/s/o Ida P. Finkelstein, et al., appellants, v Antonia Gibney, et al., respondents. (Index No. 3416/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated December 4, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13261
C/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-08626 American Manufacturers Mutual Insurance Company, respondent, v Quality King Distributors, Inc., appellant. (Index No. 7448/97)
| DECISION & ORDER ON MOTION |
Motion by the counsel for the respondent to admit pro hac vice Judith Fournie Helms and Thomas G. Drennan, attorneys in good standing in the State of Illinois, to represent the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated August 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 Judith Fournie Helms and Thomas G. Drennan are admitted pro hac vice to represent the respondent on the appeal.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13287
CF/
|
2004-02978 American Paving, Inc., respondent, v JCH Delta Contracting, Inc., appellant. (Index No. 17072/02)
| 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 February 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13288
CF/
|
2004-04003 American Paving, Inc., respondent, v JCH Delta Contracting, Inc., appellant. (Index No. 17072/02)
| 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 April 1, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13246
CF/
|
2003-10342 Tyler Bligen, et al., appellants, v Markland Estates, Inc., et al., respondents. (Index No. 27758/96)
| 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 October 6, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13236
CF/
|
2004-02720 Christina Caroli, respondent, v Saiful Amin, et al., appellants. (Index No. 28834/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated February 13, 2004.
Upon the stipulation of the parties, dated June 21, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13240
CF/
|
2003-09449 Daniel Clarin, respondent-appellant, v Thomas Langer, et al., appellants-respondents. (Index No. 3438/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 8, 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 by the appellants-respondents is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13192
A/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-04987 Ellen Cohen, respondent, v Michael Cohen, appellant.
(Index No. 203485/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated April 27, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that so much of the order dated April 27, 2004, as directed the appellant to pay temporary maintenance in the sum of $800 per week is stayed on condition that the appellant pay temporary maintenance in the sum of $500 per week, and comply with all remaining provisions of the order dated April 27, 2004, pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13262
L/
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-06862 Rosaura E. Crespo, respondent, v Steven Szabo, appellant. (Index No. 18733/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 20, 2003.
Upon the stipulation of the attorneys for the respective parties, dated June 21, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13271
L/
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-06346
Michael G. Dolin, etc., respondent, v Melvyn Roth, appellant. (Index No. 22051/98)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 20, 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.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13285
CF/
|
2004-02659 Envirostar Corporation, respondent, v Roger Ravel, appellant. (Index No. 14045/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13247
CF/
|
2004-01519 Bertha Floyd, et al., plaintiffs-respondents, v Wendy Express Corp., et al., defendants- respondents, Jason C. Booth, appellant. (Index No. 23434/02)
| 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 December 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13198
A/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-03831 Douglas Granillo, plaintiff-respondent, v Donna Karen Co., defendant third-party plaintiff, Richter & Ratner Contracting Corp., et al., defendants third-party plaintiffs-appellants; All City Interior Contracting, Inc., third-party defendant-respondent.
(Index Nos. 17111/00, 75721/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 26, 2004.
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 stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 30, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 30, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13226
PL/sl
|
2004-00078 Brunilda Guzman, appellant, v New York City Transit Authority, et al., respondents. (Index No. 9888/00)
| 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 November 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 25, 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 of the Court
Appellate Division: Second Judicial Department
M13291
CF/
|
2004-00250 Marilyn Lange, et al., appellants, v 1570 Bowling Corporation, d/b/a Coram Country Lanes, respondent. (Index No. 2307/02)
| 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 December 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13284
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-04090
Sebastian Lattuga, etc., appellant, v Harvey Orlin, etc., et al., respondents.
(Index No. 1636/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 4, 2003.
Upon the stipulation of the attorneys for the respective parties, dated May 7, 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 of the Court
Appellate Division: Second Judicial Department
M13295
CF/
|
2004-02482 Melonie Ledonne-Cisneros, et al., plaintiffs- respondents, v David M. Herzog, etc., defendant, Women's Health Care Specialist, P.C., etc., et al., appellants. (Index No. 19208/01)
| 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 February 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13239
CF/
|
2004-02138 Louise Marcolini, appellant, v Jing Xin Poon, respondent. (Index No. 17564/01)
| 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 January 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13244
CF/
|
2004-03108 Phillip E. Marquis, et al., appellants, v Morton M. Eisenstein, et al., respondents. (Index No. 13815/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated January 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13313
Y/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-10064 Marie McGuire, respondent, v Sterling Doubleday Enterprises, L.P., et al., appellants. (Index No. 4456/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants for a stay of all proceedings, including discovery, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 11, 2003. Cross motion by the respondent to enlarge the record on appeal and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the record on appeal is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted; the respondent's time to serve and file a brief is enlarged until August 16, 2004, and the respondent's brief must be served and filed on or before that date.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13248
E/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-10970 Milivoje Milenkovic, et al., appellants-respondents, v Waste Management, Inc., et al., defendants third-party plaintiffs-respondents-appellants, Universal Recycling Services Corp., third-party defendant-respondent. (Index No. 4119/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2003, to enlarge the time to perfect 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 motion is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until August 30, 2004, and the joint record or joint appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the cross appeal shall be perfected in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13318
S/sl
|
2003-09151
Florin C. Papa, a/k/a Florin C. Popescu, plaintiff, v 24 Caryl Avenue Realty Co., et al., defendants; Community Preservation Corporation, intervenor; W. Denis Donovan, etc., intervenor-respondent. (Index No. 9221/00)
| DECISION & ORDER ON APPLICATION |
Application by the intervenor-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated August 1, 2003.
ORDERED that the application is granted and the intervenor-respondent's time to serve and file a brief is enlarged until July 29, 2004, and the intervenor-respondent's brief shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13264
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-05918 Gerard L. Petrosino, et al., respondents, v J.A. Bonilla Vasquez, appellant. (Index No. 28985/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 23, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 20, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13209
E/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-01910
RR Chester, LLC, appellant, v Arlington Building Corp., et al., respondents.
(Index No. 752/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent HSNN-Greens Chester Well, Inc., on an appeal from an order of the Supreme Court, Orange County, dated January 15, 2004, for leave to serve and file a corrected record on appeal and to enlarge the time of all of the respondents to serve and file their respective briefs.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a corrected record on appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of all of the respondents to serve and file their respective briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until July 30, 2004, and the respondents' briefs must be served and filed on or before that date.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13316
S/sl
|
2004-00527
Patrick Restaino, appellant, v Yonkers Board of Education, et al., respondents. (Index No. 19993/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 8, 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 of the Court
Appellate Division: Second Judicial Department
M13266
L/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
BARRY A . COZIER
WILLIAM F. MASTRO, JJ.
|
2003-11231
Louis Rosemarin, respondent, v Village of Cedarhurst, et al., appellants. (Index No.18232/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants for leave to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated November 20, 2003.
Upon the papers filed in support of the applications, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13203
A/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-10067 Barbara Samide, respondent, v Roman Catholic Diocese of Brooklyn, et al., defendants, Father John Thompson, appellant. (Index No. 16447/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated October 15, 2003, for leave to serve and file a supplemental record on appeal containing material listed in paragraph 1 of the affirmation of Terrence M. Randell submitted in support of the motion, and to enlarge the time serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and on or before July 30, 2004, the respondent shall serve and file a supplemental record on appeal containing the material listed in paragraph 1 of the affirmation of Terrence M. Randell; and it is further,
ORDERED that respondent's time to serve and file a brief is enlarged until July 30, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13289
CF/
|
2003-09832 Phillip Sottile, etc., appellant-respondent, v Olugbenga A. Ogunfowora, et al., respondents- appellants. (Index No. 1235/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 24, 2003.
Upon the stipulation of the parties, dated May 10, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13265
C/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-04478 Sugar Equities, Inc., respondent, v William Kelly, appellant. (Index No. 4478/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 14, 2004, on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513).
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13317
S/sl
|
2004-00030
Rosemarie Swaboski, appellant, v Cinema Plaza, P. J., Inc., respondent. (Index No. 11491/01)
| 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, Suffolk County, dated November 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13234
CF/
|
2004-01698 Herbert Thomas, appellant, v 365-369 Ocean, LLC, et al., respondents (and a third-party action). (Index No. 49473/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from order of the Supreme Court, Kings County, dated December 9, 2003.
Upon the stipulation of the parties, dated June 16, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13267
C/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-09067 Shala Yadegar, etc., et al., plaintiffs-respondents, v International Food Market, et al., defendants, Herman B. Stein, etc., appellant.
(Index No. 9340/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 8, 2003.
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 perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until August 27, 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 the motion is otherwise denied.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M13227
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-04135
In the Matter of Christly A. (Anonymous), appellant. (Docket Nos. D-25794-03, D-32424-03, D-5823-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated April 21, 2004, 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 relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Philip J. Devereaux, 350 Broadway, Suite 200, New York, N.Y., 10013, 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 appellant:
David Laniado, Esq.
189 Montague Street - Suite 303
Brooklyn, New York 11201
(718) 246-9444
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13169
M/nal
|
2003-10506
In the Matter of Jacqueline Bielli, respondent, v Arthur Bielli, appellant. (Docket No. F-00837/02)
| ORDER TO SHOW CAUSE |
Appeal by Arthur Bielli from an order of the Family Court, Nassau County, dated October 27, 2003. The transcripts in the above-entitled appeal were received by the appellant on February 13, 2004, and pursuant to the scheduling order of this court dated May 7, 2004, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the scheduling order. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 7, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 14, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13153
M/nal
|
2003-09385 In the Matter of John Cichosz, appellant, v Teresa Cichosz, respondent. (Docket No. F-6406/02)
| SCHEDULING ORDER |
Appeal by John Cichosz from an order of the Family Court, Nassau County, dated September 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 21, 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 of the Court
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
M13224
S/sl
|
2004-00112
In the Matter of Emilio Conciatori, et al., appellants, v Office of Secretary of State, et al., respondents. (Index No. 14158/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated November 24, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 29, 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 of the Court
Appellate Division: Second Judicial Department
M13155
M/nal
|
2003-04559
In the Matter of Fida Fouad Elayyan, appellant, v Ali Elayyan, respondent. (Docket No. O-23858-02)
| ORDER TO SHOW CAUSE |
Appeal by Fida Fouad Elayyan from an order of the Family Court, Kings County, dated May 1, 2003. By scheduling order dated August 4, 2003, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 4, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 12, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13137
M/nal
|
2004-02546, 2004-02638 In the Matter of Lurline Findlay, appellant, v George West, respondent. (Docket No. V-1410/00)
| SCHEDULING ORDER |
Appeals by Lurline Findlay from two orders of the Family Court, Queens County, both dated March 24, 2004. By decision and order of this court dated June 16, 2004, the following attorney was assigned as counsel on the appeals:
Steven P. Forbes, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 791-8444
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 16, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M13263
S/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-04209
In the Matter of G & A Renovation & Restoration, Inc., petitioner, v New York State Commissioner of Labor, respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to Labor Law § 220.
Now, on the court's own motion, it is
ORDERED that the proceeding is dismissed, without costs or disbursements, for failure to perfect the proceeding in accordance with the rules (see 22 NYCRR 670.8[e]), and prior orders of this court.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13152
M/nal
|
2003-10813 In the Matter of Stephanie G. (Anonymous), appellant. (Docket No. D-07732/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated November 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 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 of the Court
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
M13225
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02536
In the Matter of Joseph A. Hores, appellant, v Christine A. Hores, respondent. (Docket No. F-1441-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated February 18, 2004, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect 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 motion is denied.
FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13171
M/nal
|
2003-00095
In the Matter of Marion J. (Anonymous), respondent, v Philip J. (Anonymous), appellant. (Docket No. O-8060-02)
| ORDER TO SHOW CAUSE |
Appeal by Philip J. from an order of the Family Court, Queens County, dated June 4, 2002. The transcripts were received by the appellant on April 9, 2004, and pursuant to the scheduling order of this court dated April 19, 2004, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the scheduling order. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 19, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 15, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13174
M/nal
|
2004-01923 In the Matter of Leroy Joyner, appellant, v Sheila Joyner, respondent. (Docket No. F-2010/98)
| SCHEDULING ORDER |
Appeal by Leroy Joyner from an order of the Family Court, Suffolk County, dated February 9, 2004. By decision and order of this court dated June 18, 2004 the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) 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 of the Court
Appellate Division: Second Judicial Department
M13175
M/nal
|
2003-07932, 2003-09520
In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. N-2440-02)
| SCHEDULING ORDER |
Appeals by Francine S. from two orders of the Family Court, Richmond County, dated August 27, 2003, and October 17, 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 July 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13231
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
THOMAS A. ADAMS, JJ.
|
2002-06195
In the Matter of Solomon Kaplan, an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Solomon Kaplan, respondent.
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 22, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
The Grievance Committee has apprised the court that, on April 19, 2004, the respondent was found guilty, after a jury trial in the United States District Court for the Southern District of New York, of the following federal felonies: mail fraud, in violation of 18 USC § 1341; making false statements relating to health care matters, in violation of 18 USC § 1035(a); health care fraud, in violation of 18 USC § 1347; witness tampering, in violation of 18 USC § 1512(b); making false statements to the FBI, in violation of 18 USC § 1001(a); and conspiracy, in violation of 18 USC § 371. The Grievance Committee has submitted a certified copy of the transcript of the jury charge and verdict. The respondent is scheduled to be sentenced on August 20, 2004. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on September 24, 1998.
Upon the papers submitted to this court, it is
ORDERED that on the court's own motion, the respondent is immediately suspended from the practice of law as a result of his being found guilty of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,
ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Solomon Kaplan is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that if Solomon Kaplan has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and Solomon Kaplan shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f); and it is further,
ORDERED that the respondent is directed to immediately apprise the court upon being sentenced for the aforementioned offenses (see Matter of Delaney, 87 NY2d 508).
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13215
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-04589
In the Matter of Kenneth Laland, respondent, v Tracy Edmond, appellant. (Docket No. V-00154-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated April 29, 2004, as a poor person, for the assignment of counsel, and for leave to prosecute the appeal on the original papers.
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 branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1]); and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel 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 assigned counsel. Assigned 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,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Larry S. Bachner, P.C.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(917) 378-0176
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13166
M/nal
|
2001-00651 In the Matter of Besthani M. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Pedro M. (Anonymous), appellant; Ana S. (Anonymous), nonparty- respondent. (Docket No. N-08105/98)
| SCHEDULING ORDER |
Appeal by Pedro M. from an order of the Family Court, Kings County, dated December 14, 2000. 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 and the law guardian to serve and file a their briefs on the appeal is enlarged until July 22, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13172
M/nal
|
2004-02217 In the Matter of Letayvia M. (Anonymous), appellant. (Docket No. D-20198-03)
| SCHEDULING ORDER |
Appeal by Letayvia M. from an order of the Family Court, Queens County, dated March 2, 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 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 August 10, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13170
M/nal
|
2004-00409
In the Matter of Noah I. Mc. (Anonymous), appellant. (Docket No. S-4900/03)
| ORDER TO SHOW CAUSE |
Appeal by the Noah I. Mc. from an order of the Family Court, Suffolk County, dated December 10, 2003. The transcripts were received by the appellant on April 23, 2004, and pursuant to the scheduling order of this court dated January 21, 2004, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the scheduling order. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 21, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 15, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13161
PL/sl
|
2003-09528
In the Matter of Beth Newman, etc., appellant, v Brian Wing, et al., respondents. (Index No. 25783/98)
| 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, Queens County, dated August 29, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 11, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13178
M/nal
|
2004-03861 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Docket No. N-103-02)
| SCHEDULING ORDER |
Appeal by Lillian O. from an order of the Family Court, Westchester County, dated March 29, 2004. By decision and order of this court dated June 22, 2004, the following attorney was assigned as counsel on the appeal:
Izhak Ben-Meir, Esq.
720 Milton Road - Apt. 4B
Rye, New York 10580
(914) 967-3991
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 June 22, 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 of the Court
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
M13223
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02136
In the Matter of Racher Antonia P. (Anonymous), respondent, v Peter George A. (Anonymous), appellant. (Docket No. P-1128-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated February 6, 2004, 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.
FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13157
M/nal
|
2003-00493 In the Matter of Anthony R. (Anonymous). Elliot R. (Anonymous), et al., respondents; Monica Drinane, nonparty-appellant. (Docket No. N-5128-94)
| SCHEDULING ORDER |
Appeal by the Law Guardian for the child from an order of the Family Court, Kings County, dated November 21, 2002. The appellant's brief was filed in the office of the Clerk of this court on June 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 of the Court
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
M13165
M/nal
|
2003-10811 In the Matter of Cindy Sarah R. (Anonymous). Administration for Children's Services, respondent; Daisy R. (Anonymous), a/k/a Daisy L. (Anonymous), appellant. (Docket No. B-3854/02)
| SCHEDULING ORDER |
Appeal by Daisy R., a/k/a Daisy L. from an order of the Family Court, Richmond County, dated November 6, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 28, 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 of the Court
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
M13168
M/nal
|
2000-02137, 2000-02138 In the Matter of Dishana R. (Anonymous). Orange County Department of Social Services, respondent; Nadine R. (Anonymous), appellant. (Docket No. N-97-99)
| SCHEDULING ORDER |
Appeals by Nadine R. from two orders of the Family Court, Orange County, dated January 11, 2000, and January 20, 2000, respectively. The appellant's brief was filed in the office of the Clerk of this court on May 3, 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 time of the respondent and the law guardian to serve and file a their briefs on the appeals is enlarged until August 6, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13177
M/nal
|
2004-01729, 2004-01730 In the Matter of Jamel Iasiah R. (Anonymous). Little Flower Children's Services, petitioner-respondent; Stacy B. (Anonymous), appellant, et al., respondent. (Docket No. B-02874-02)
| SCHEDULING ORDER |
Appeals by Stacy B. from two orders of the Family Court, Kings County, dated March 12, 2003, and January 26, 2004. By decision and order of this court dated June 23, 2004, the following attorney was assigned as counsel on the appeals:
David M. Shapiro, Esq.
903 Sheridan Avenue - 2nd Floor
Bronx, New York 10451
(718) 681-2628
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 23, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M13151
M/nal
|
2003-11093 In the Matter of Tiffany R. (Anonymous). Administration for Children's Services, appellant; Fatima R. (Anonymous), respondent. (Docket No. N-36168/03)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated December 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 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 appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M13154
M/nal
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2003-08628
In the Matter of Michael Rivera, appellant, v Administration for Children's Services, respondent. (Docket No. V-03287-02/03B, V-03287-03)
| SCHEDULING ORDER |
Appeal by Michael Rivera from an order of the Family Court, Richmond County, dated September 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 24, 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 of the Court
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
M13167
M/nal
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2003-02718 In the Matter of Abigail Roman, respondent, v Anthony Carnegie, appellant. (Docket No. F-100-01)
| SCHEDULING ORDER |
Appeal by Anthony Carnegie from an order of the Family Court, Suffolk County, dated March 3, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 28, 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 of the Court
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
M13173
M/nal
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2003-05451 In the Matter of Maria Ronis, respondent, v Victor Organjanov, appellant. (Docket No. F-05554-00)
| SCHEDULING ORDER |
Appeal by Victor Organjanov from an order of the Family Court, Kings County, dated May 21, 2003. By decision and order of this court dated June 17, 2004, the appellant's motion to enlarge the record on the appeal was denied. 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 July 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13221
S/sl
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2004-00166
In the Matter of 21 Lizensky Corporation, respondent, v Yeshaiya Benyamin Spillman, appellant. (Index No. 5340/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated November 6, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 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 of the Court
Appellate Division: Second Judicial Department
M13238
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
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2004-04269
The People, etc., respondent, v Robert Edmundson, appellant.
(Ind. No. 03-00773)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered April 26, 2004, as a poor person, and for the assignment of counsel.
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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties 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 stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Scott M. Bishop, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 2551
Greene Corr. Fac.
P.O. Box 8
Coxsackie, New York 12051
Appellate Division: Second Judicial Department
M13228
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
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2004-01088 The People, etc., respondent, v Albert Ermmarino, appellant. (Ind. No. 978-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered October 16, 2003, for leave to prosecute the appeal 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 and in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction, and (3) a more detailed description of the real property owned by the appellant, including its location, and verification of its current value and any encumbrances thereon.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13235
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-04295
The People, etc., respondent, v Mark Gruttaduria, appellant. (Ind. No. 599-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered April 6, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13280
E/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-06468 The People, etc., respondent, v Tyrone Howard, appellant. (Ind. No. 66/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered June 27, 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 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 August 30, 2004.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13242
CF/
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2001-09077 The People, etc., respondent, v Giovanni Ramos, appellant. (Ind. No. 96-01362)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, rendered August 30, 2001.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court