Appellate Division: Second Judicial Department
M19393
PL/nal
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2004-05860
Jose Antonio Barahona, respondent, v Trustees of Columbia University, appellant.
(Index No. 24535/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated May 25, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 21, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19152
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08571 Margaret Barry, et al., plaintiffs, v Hanna Hildreth, defendant third-party plaintiff-appellant; Robert T. Barry, third-party defendant-respondent. (Index No. 22625/99)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered August 26, 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 and enforcement of the judgment entered August 26, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 18, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 18, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19369
CF/
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2004-07669 Beacon City School District, et al., appellants- respondents, v Tudor Insurance Company, respondent-appellant, et al., respondents. (Index No. 20229/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated August 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ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19378
CF/
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2004-09385 Bong-Soo Do, respondent, v General Electric Company, et al., defendants, Aulson Co., Inc., appellant (and a third-party action). (Index No. 22652/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 28, 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
M19379
CF/
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2004-04920 Bouclier Vert Limite, LLC, d/b/a Green Shield Limited, LLC, plaintiff, v Mortgage Plus Equity & Loan Corporation, et al., defendants, First City Capital Corporation, defendant third-party plaintiff-appellant, Bank of New York, third-party defendant- respondent. (Index No. 12709/99)
| 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 April 16, 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
M19366
J/sl
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2004-03740 Paul Cahill, d/b/a Elite Environmental Systems, Inc., appellant, v County of Nassau, et al., respondents. (Index No. 7721/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 4, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19391
CF/
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2004-05262 Church of St. Philip Neri, appellant, v Baranello Organization, Inc., defendant, Hartford Fire Insurance Company, respondent. (Index No. 25075/03)
| 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 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
M19344
CF/
|
2004-06774 Patrick Coyne, appellant, v Tracy A. Boyle, et al., respondents. (Index No. 9392/03)
| 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 June 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
M19401
PL/nal
|
2004-05309
Judith Demant, et al., appellants, v Town of Oyster Bay, et al., respondents; et al., defendant. (Index No. 9396/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 10, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 25, 2005, 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
M19365
J/sl
|
2004-05110 Barbara Donlon, a/k/a Barbara T. Donlon, respondent, v Gloria DiAmico, a/k/a Gloria D'Amico, appellant, Mary Fern Breheney, etc., defendant. (Index No. 6152/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 4, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 21, 2005, 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
M19404
J/nal
|
2004-04940
Neys Lanford Escobar, et al., appellants, v Colonial Indemnity Insurance Company, respondent. (Index No. 11325/02)
| ORDER ON APPLICATION |
Application by the 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, Kings County, dated May 12, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 28, 2005, and the respondent'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
M19340
CF/
|
2004-07712 Suzi Evalenko, respondent, v New York City Transit Authority, appellant. (Index No. 13627/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated June 9, 2004.
Upon the stipulation of the parties, dated December 6, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19034
R/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-09927
Fiber Consultants, Inc., respondent, v Fiber Optek Interconnect Corp., et al., appellants.
(Index No. 2697/02)
| DECISION & ORDER ON MOTION |
Motion by Bruce M. Stern, on an appeal from an order of the Supreme Court, Dutchess County, dated October 21, 2004, in effect, inter alia, to stay enforcement of so much of the order as, in effect, disqualified him from representing the defendants as their attorney in the above-entitled action.
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 as, in effect, disqualified the movant from representing the defendants Fiber Optek Interconnect Corp. and Michael Pascazi on an appeal pending in this court under Appellate Division Docket No. 2003-11309, is stayed, pending hearing and determination of that appeal, and the motion is otherwise denied.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19345
CF/
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2004-09271 Luis A. Fines, respondent, v 171-173 Realty Corporation, appellant. (Index No. 18310/01)
| 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 August 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
M19388
CF/
|
2004-08394 Lisa Generoso, et al., respondents, v Joseph DeFelice, et al., appellants. (Index No. 28646/03)
| 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 August 20, 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
M19352
S/sl
|
2004-07687
Susan Glaser, et al., plaintiffs-respondents, v County of Orange, appellant, Village of Warwick, et al., defendants-respondents. (Index No. 0259/02)
| ORDER ON APPLICATION |
Application by the defendants-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, Orange County, dated July 26, 2004.
ORDERED that the application is granted and the defendants-respondents' time to serve and file a brief is enlarged until January 20, 2005, and the defendants-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
M19389
CF/
|
2004-06742 Barbara Hofmann, et al., appellants, v Good Samaritan Hospital Medical Center, et al., respondents. (Index No. 26310/98)
| 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 April 6, 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
M19355
S/sl
|
2004-05878
Orville James, appellant, v New York City Employees' Retirement System, respondent. (Index No. 28907/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 28, 2005, 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
M19382
CF/
|
2004-06344 William N. Johnson, appellant, v Acrewood Horticultural Services, Inc., et al., respondents. (Index No. 5333/99)
| 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 June 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
M19402
PL/nal
|
2004-05974
Kevin Josephson, et al., respondents, v John Kirkman, et al., defendants, Merrit Realty, et al., appellants. (Index No. 15312/02)
| ORDER ON APPLICATION |
Application by the appellant Merrit Realty 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 June 9, 2004.
ORDERED that the application is granted and the movant's time to perfect the appeal is enlarged until February 23, 2005, and the record or appendix on the appeal and the movant'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
M19375
CF/
|
2004-08786 Kaplon Belo Associates, Inc., respondent, v Gladiator Realty Corp., appellant. (Index No. 2415/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 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
M19353
S/sl
|
2004-05293
Bernard Langhorne, et al., appellants-respondents, v County of Nassau, et al., respondents-appellants. (Index No. 27030/97)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 11, 2004.
ORDERED that the application is granted and the appellant-respondents' time to perfect the appeal is enlarged until February 14, 2005, and the joint record or 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 respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19380
CF/
|
2004-09326 Lewis H. Lippen, respondent, v Louis R. Nappi, et al., appellants. (Index No. 3192/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 28, 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
M19400
PL/nal
|
2004-00354
Ken Little, appellant, v Lee Yuh Tzong, respondent. (Index No. 6307/01)
| ORDER ON APPLICATION |
Application by the 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, Queens County, dated December 1, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 17, 2005, and the respondent'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
M19395
CF/
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2004-09098 Salvatore LoFaso, respondent, v J.P. Murphy Associates, appellant, et al., defendants. (Index No. 24383/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 8, 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
M19339
CF/
|
2004-09989 Antonio Lopez, plaintiff-respondent, v GEM Gravure Company, et al., defendants third-party plaintiff-respondent; Matthews International Corporation, et al., defendants third-party plaintiffs-appellants. (Index No. 17939/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Willett America, s/h/a Willet, Ltd. to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 21, 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 by Willett America, s/h/a Willet Ltd. is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19349
CF/
|
2004-08656 Stephanie Mitchko, appellant, v Gregory Mitchko, respondent. (Index No. 13222/03)
| 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 August 18, 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
M19367
CF/
|
2004-04826 Amir Mohammed, respondent, v Paul Stuart, Inc., appellant. (Index No. 17700/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 18, 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
M19343
CF/
|
2004-05996 Juan Moran, appellant-respondent, v Zhong Xing Wang, respondent-appellant, et al., respondents. (Index No. 6624/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated June 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19371
C/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-09747
New Colony Homes, Inc., plaintiff respondent- appellant, v Long Island Property Group, LLC, defendant counterclaim plaintiff appellant-respondent, Peter L. Graubard, etc., counterclaim defendant- respondent. (Index No. 19020/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff respondent-appellant on an appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated September 28, 2004, (1) to stay enforcement of the order and (2) to enjoin the defendant counterclaim plaintiff appellant-respondent from selling or transferring the subject real property, pending hearing and determination of the appeal and cross 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 enforcement of the order dated September 28, 2004, is stayed, and the defendant counterclaim plaintiff appellant-respondent is enjoined from selling or transferring the subject real property, pending hearing and determination of the appeal and cross appeal, on condition that the plaintiff respondent-appellant perfect its appeal by serving and filing the joint record or appendix on appeal and its brief on or before January 18, 2005; and it is further,
ORDERED that in the event the respondent-appellant does not perfect its appeal on or before January 18, 2005, the court, on its own motion, may vacate the stay, or the defendant counterclaim plaintiff appellant-respondent may move to vacate the stay, on three days notice.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19346
CF/
|
2004-08686 Phyllis Pectle, appellant-respondent, v Donald Pectle, respondent-appellant. (Index No. 4514/92)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Dutchess County, dated August 19, 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 and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19348
CF/
|
2004-02629 Jan Poplawski, respondent, v Affordable Dwelling Units Leasing Corporation, appellant (and a third-party action). (Index No. 5770/04)
| 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 February 3, 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
M19374
CF/
|
2004-04822 QB, LLC, appellant-respondent, v A/R Architects, LLP, respondent, Metropolis Group, Inc., respondent-appellant. (Index No. 12564/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated April 20, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19383
CF/
|
2004-01223 D'Vonte Rowe, etc., et al., respondents, v Carla Petterkin-Caldwell, et al., defendants, "Jane" Gates, appellant. (Index No. 36162/01)
| 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 November 21, 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
M19337
CF/
|
2004-04072 Jaklin Rozen, respondent, v John Aufiero, et al., appellants. (Index No. 25618/02)
| 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 March 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
M19390
PL/sl
|
2004-06495, 2004-06495
Ezriel Scher, respondent, v Yeshivath Makowa Corp., appellant; Attorney-General of the State of New York, intervenor. (Index No. 7568)
| ORDER ON APPLICATION |
Application by the intervenor pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Rockland County, dated June 28, 2004, and a judgment of the same court entered July 7, 2004.
ORDERED that the application is granted and the intervenor's time to serve and file a brief is enlarged until January 13, 2005, and the intervenor'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
M19370
CF/
|
2004-06259 Florence Simmons, respondent, v Steven Ross, appellant. (Index No. 30490/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 14, 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
M19376
CF/
|
2004-03747 Paul Tinsley, et al., respondents, v County of Nassau, defendant, Town of Oyster Bay, appellant. (Index No. 8218/02)
| 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 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
M19377
CF/
|
2004-07787 Peter Tsachalis, respondent, v City of Mount Vernon, et al., appellants. (Index No. 9112/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, entered August 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
M19372
CF/
|
2004-07068 Alexander Vasquez, respondent, v Edwin Feliciano, etc., et al., appellants. (Index No. 38842/02)
| 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 July 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
M19347
CF/
|
2004-07311 Susan Weil, appellant, v F. Goehring Investment Co., et al., respondents (and a third-party action). (Index No. 10461/00)
| 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 August 4, 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
M19398
O/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-05193, 2004-08750
Frances Welsh, et al., respondents, v Cyril Okolie, et al., appellants, et al., defendants. (Index No. 8702/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, dated May 17, 2004, and August 25, 2004, 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.
SANTUCCI, J.P., CRANE, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19394
CF/
|
2004-08489 Patricia Winters, respondent, v Spectrum Bellefair Corp., et al., appellants. (Index No. 13720/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 27, 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
M19338
CF/
|
2004-08467 Robert Michael Woznicki, appellant, v Lucyna Woznicki, respondent. (Index No. 12215/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated July 26, 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
M19387
R/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-10773 In the Matter of James A. (Anonymous), appellant; Deborah A. (Anonymous), petitioner-respondent.
(Docket No. S-7551-04)
| DECISION & ORDER ON MOTION |
Motion by James A. for leave to appeal to this court from an order of the Family Court, Westchester County, dated December 10, 2004, and, in effect, to stay so much of the order as remanded him to a non-secure facility pending further proceedings before the Family Court, Westchester County, pending hearing and determination of 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, pending hearing and determination of the appeal, so much of the order dated December 10, 2004, as remanded the appellant to a non-secure facility pending further proceedings before the Family Court, Westchester County, is stayed; and it is further,
ORDERED that the director of the facility at which the appellant has been placed, or his or her agent, is directed to immediately release the appellant to his attorney or to either of his parents, upon receipt of a copy of this decision and order on motion.
RITTER, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19386
E/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-02384
In the Matter of D. (Anonymous), Children. Administration for Children's Services, respondent; Robert D. (Anonymous), appellant. (Docket Nos. N-17487-01, N-17488-01, N-17489-01)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Kings County, dated February 23, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian's time to serve and file a brief is enlarged, and the brief submitted to the Clerk of this court on December 13, 2004, is accepted for filing.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19397
CF/
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2004-04622 In the Matter of Allison Dorman, respondent, v David People, appellant. (Docket No. U-10219-01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated April 6, 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
M19351
S/sl
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2004-07102
In the Matter of Angela Ellis, petitioner, v New York State Central Register of Child Abuse, respondent. (Index No. 2315/04)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated June 1, 2004.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until January 28, 2005, and the record or appendix on the proceeding and the petitioner'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
M19342
CF/
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2004-03324
In the Matter of Thomas O'Connor, appellant- respondent, v Lisa Dyer, respondent-appellant. (Docket Nos. V-473-03, V-474-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Family Court, Dutchess County, dated March 12, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19384
Y/sl
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
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2004-10473 In the Matter of Dawn Palmieri, petitioner, v Philip Palmieri, respondent. (Docket No. V-14623/04)
| DECISION & ORDER ON MOTION |
Motion by Philip Palmieri, inter alia, for leave to appeal to this court from an order of the Family Court, Queens County, dated November 8, 2004, and to stay enforcement of the order pending hearing an 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 denied, and the motion is otherwise denied as academic.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19392
CF/
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2004-08462 In the Matter of Iraida Rosa, respondent, v General Accident Insurance Company, appellant. (Index No. 8182/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated February 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
M19354
S/sl
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2004-05829
In the Matter of John H. Rouson, deceased. Jessamy Rouson, appellant; Tania Eicoff, et al., respondents. (File No. 916/04)
| 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 Surrogate's Court, Queens County, dated June 16, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 4, 2005, 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
M19341
CF/
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2004-06064, 2004-08144 In the Matter of Vertex Restoration Corp., et al., respondents, v 202 Spring Street Associates, et al., appellants. (Index No. 67/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from an order of the Supreme Court, Nassau County, dated June 2, 2004, and an order and judgment (one paper) of the same court entered August 4, 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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19356
F/
THOMAS A. ADAMS, J.
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2004-09794 The People, etc., plaintiff, v Noel Alston, a/k/a Newell Austin, defendant. (Ind. No. 374/84)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 20, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M19361
F/
FRED T. SANTUCCI, J.
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2004-09077 The People, etc., plaintiff, v Mohammed Bhuiyan, defendant. (Ind. No. 2274/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 28, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M19357
F/
BARRY A. COZIER, J.
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2004-06379 The People, etc., plaintiff, v Ramon Deoleo, defendant. (Ind. No. 1475/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated May 19, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
Appellate Division : Second Judicial Department
M19368
F/
BARRY A. COZIER, J.
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2002-00528 The People, etc., respondent, v Frank Fanelli, a/k/a Dominic Fanelli, appellant. (Ind. No. 2210-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court, dated June 1, 2004, which affirmed a judgment of the County Court, Suffolk County, rendered December 12, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
BARRY A. COZIER
Associate Justice
Appellate Division : Second Judicial Department
M19350
K/nl
A. GAIL PRUDENTI, P.J.
|
2004-09319
The People, etc., respondent, v Edward Jamison, appellant.
(Ind. No. 1563/98)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 27, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated September 27, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division: Second Judicial Department
M19360
F/
STEVEN W. FISHER, J.
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2004-09925 The People, etc., plaintiff, v Frank Jones, defendant. (Ind. No. 11803/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 20, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M19363
F/
FRED T. SANTUCCI, J.
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2004-10097 The People, etc., plaintiff, v John Perazzo, defendant. (Ind. No. 01-01577)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated September 22, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M19362
F/
GABRIEL M. KRAUSMAN, J.
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2004-00612 The People, etc., plaintiff, v Eon Shepherd, defendant. (Ind. No. 62/94)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated June 6, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division: Second Judicial Department
M19358
F/
BARRY A. COZIER, J.
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2004-08364 The People, etc., plaintiff, v Darrell Venable, defendant. (Ind. No. 6296/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 31, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M19359
F/
WILLIAM F. MASTRO, J.
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2004-09748 The People, etc., plaintiff, v Nicholas Zimmerman, defendant. (Ind. No. 3690/01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 7, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice