Appellate Division: Second Judicial Department
M19805
Y/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-07240, 2004-10372 Malkie Ashkenazi, appellant, v Hertz Rent-A-Car, respondent. (Index No. 21759/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 23, 2004, for failure to perfect in accordance with the rules of this court, and on the ground that the order was superceded by a judgment of the same court dated August 16, 2004, from which no appeal has been taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order is also deemed to be a notice of appeal from the judgment dated August 16, 2004 (see CPLR 5501[c]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order on the ground that the order was superseded by the judgment is granted (see Matter of Aho, 39 NY2d 241, 248); the issues raised on the appeal from the order are brought up for review and shall be considered on the appeal from the judgment (see CPLR 5501[a][1]); and it is further,
ORDERED that the motion is otherwise denied.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19951
S/sl
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2004-03666
Dawn Bantum, respondent, v American Stock Exchange, LLC, et al., appellants, et al., respondents. (Index No. 23099/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated March 26, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until March 7, 2005, and the joint record or appendix on the appeals 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
M19950
J/sl
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2004-04313
Massimiliano Bartoli, respondent, v Asto Construction Corp., et al., appellants. (Index No. 45469/01)
| ORDER ON APPLICATION |
Application by the appellant Asto Construction Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, dated April 29, 2004.
ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before January 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19943
C/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-03551 Joyce Bennett, et al., appellants, v Emma Scott-Lampkin, a/k/a Emma Lampkin, et al., respondents. (Index No. 27635-01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 10, 2004, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19946
S/sl
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2004-05288
Luis Carmo, appellant, v Verizon, respondent. (Index No. 15920/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 31, 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
M19948
S/sl
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2004-06537
Charleus Charles, et al., respondents, v Ford Motor Credit Co., appellant, et al., defendant. (Index No. 16350/02)
| 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, Kings County, dated June 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 14, 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
M19956
S/sl
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2004-05591
Felicitia Diaz, respondent, v Gustavo Salcedo etc., appellant, et al., defendants. (Index No. 1997/97)
| 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 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22, 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
M19842
S/sl
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2004-05111
Michael Esperson, et al., appellants, v Vault, etc., et al., respondents. (Index No. 31179/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 24, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 4, 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
M19979
S/sl
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2004-04114 H.L. & F.H. Realty Corporation, plaintiff- respondent, v Gulf Insurance Company, et al., appellants, Kreiner Company, Inc., et al., defendants-respondents. (Index No. 1599/01)
| ORDER ON APPLICATION |
Application by the plaintiff-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, Orange County, dated March 24, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until January 4, 2005, 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
M19952
S/sl
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2004-06607
Halstead Quinn Petroleum Co., Inc., etc., appellant, v Singer Holding Corporation, d/b/a Robison Oil, respondent. (Index No. 1427/04)
| 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 Supreme Court, Westchester County, dated June 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 15, 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
M19932
R/sl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-06511 Hospital for Joint Diseases, etc., appellant, v New York City Transit Authority, respondent.
(Index No. 1131/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated July 9, 2004, to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record, and cross motion by the respondent to strike stated portions of the appellant's brief and reply brief on the same ground.
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 and cross motion are denied.
KRAUSMAN, J.P., CRANE, MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19953
S/sl
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2003-07928, 2004-01174 Andrea Jacobs, et al., respondents-appellants, v Macy's East, Inc., et al., appellants-respondents. (Index No. 17283/96)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)((2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from two orders of the Supreme Court, Queens County, dated July 28, 2003, and October 3, 2003, respectively.
ORDERED that the application is granted and the respondents-appellants' reply brief shall be served and filed on or before January 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19954
S/sl
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2004-02673
Lily Johnson, etc., et al., respondents-appellants, v Queens-Long Island Medical Group, P.C., et al., respondents, Jamaica Hospital, et al., appellants- respondents, et al., defendant. (Index No. 486/01)
| ORDER ON APPLICATION |
Application by the respondents Queens-Long Island Medical Group, P.C., Arthur Gray, Jr., Balvindar Singh Sareen, and Sarupaul Ragnauth, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Queens County, dated February 11, 2004.
ORDERED that the application is granted and the movants' time to file a brief is enlarged until January 7, 2005, and the movants' brief must be filed on or before that date; and it is further,
ORDERED that the appellants-respondents shall serve and file their reply brief on or before February 7, 2005, and the respondents-appellants shall serve and file their reply brief on or before February 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19937
C/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-06303 Patrice LaPonte, respondent, v Brain Dunn, appellant. (Index No. 28402/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated March 2, 2004, to dismiss the appeal on the ground that the appeal was untimely taken, or, in the alternative to enlarge the record on appeal to include, inter alia, a judgment of the same court dated April 1, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of motion which is to dismiss appeal is denied; and it is further,
ORDERED that on the court's own motion, the notice of appeal, is deemed to be a notice of appeal from the judgment dated April 1, 2004 (see CPLR 5512); and it is further,
ORDERED that the branch of the motion which is to enlarge record is granted to the extent that on or before January 18, 2005, the appellant shall serve and file a supplemental record containing the judgment dated April 1, 2004 and that branch of motion is otherwise denied; and it is further,
ORDERED that the respondent shall serve and file her brief on or before February 22, 2005.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19957
S/sl
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2004-04344
Donald McNeil, et al., plaintiffs-respondents, v Brooklyn Hospital, et al., defendants-respondents, S. J. Electric, appellant. (Index No. 49321/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 7, 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
M19929
R/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-05089 Medco Plumbing, Inc., respondent, v Sparrow Construction Corporation, et al., appellants.
(Index No. 1468/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Queens County, entered May 17, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal shall be calendared when it is fully perfected.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19877
M/nal
|
2003-11223 Susan K. Neuman, appellant, v Marvin H. Neuman, respondent. (Index No. 203964/00)
| SCHEDULING ORDER |
Appeal by Susan K. Neuman from a judgment of the Supreme Court, Nassau County, dated October 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 8, 2004. The law guardian's brief was served and filed on December 10, 2004, and the respondent's brief was served and filed on December 20, 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 to serve and file a reply brief on the appeal is enlarged until January 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19949
S/sl
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2004-04014
Sandra Jo Ramsay, et al., appellants, v Good Samaritan Hospital, et al., respondents. (Index No. 23703/96)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 19, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 27, 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
M19955
S/sl
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2004-05837
Glenn S. Udell, appellant, v Equitable Life Assurance Society of the United States, et al., respondents, et al., defendants. (Index No. 3585/03)
| 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, Nassau County, dated June 10, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 14, 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
M19938
C/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-07345 Weinreb Management, LLC, et al., appellants, v KBD Management, Inc., respondent. (Index No. 7345/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated August 2, 2004, on the ground that the issue raised by the appellants in their brief is improperly before this court, or, in effect, to strike the appellants' brief, and to enlarge its time to serve and file a brief. Cross motion by the appellants for leave to serve and file a new brief if any part of the respondent's motion is granted.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to strike the appellants' brief and the cross motion are granted, the appellants' brief is stricken, and on or before January 24, 2004, the appellants shall serve and file a new brief containing only the issues raised in the motion papers before the Supreme Court; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for enlargement of time is denied as academic.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19959
S/sl
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2004-07591 Cecilia Whelan, respondent, v Port Authority of New York and New Jersey, appellant. (Index No. 27824/01)
| 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 April 23, 2004
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 2, 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
M19960
K/cf
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN, JJ.
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2001-03751 In the Matter of Sonya Moody Barksdale, admitted as Sonya G. Moody Barksdale, and attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Sonya Moody Barksdale, respondent. (Attorney Registration No. 2850469)
| DECISION & ORDER ON MOTION |
Sonya Moody Barksdale has submitted an affidavit of resignation dated October 12, 2004. The Grievance Committee has informed the court that she pleaded guilty on October 12, 2004, in the Supreme Court, Queens County, before the Honorable Richard L. Buchter, to criminal facilitation in the fourth degree. She was sentenced to probation, restitution in the amount of $50,000, and resignation from the Bar. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 17, 1997, under the name Sonya G. Moody Barksdale.
Upon the papers submitted with regard to the resignation, it is
ORDERED that the resignation is rejected on the ground that it does not strictly conform with 22 NYCRR 691.91; and it is further,
ORDERED that on the court's own motion, the respondent Sonya Moody Barksdale, admitted as Sonya G. Moody Barksdale, is immediately suspended from the practice of law as a result of her conviction of the serious crime of criminal facilitation in the fourth degree, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,
ORDERED that the respondent, Sonya Moody Barksdale, admitted as Sonya G. Moody Barksdale, 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 Sonya Moody Barksdale, admitted as Sonya G. Moody Barksdale, 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 herself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that on the court's own motion, the Grievance Committee for the Tenth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Sonya Moody Barksdale, admitted as Sonya G. Moody Barksdale, based on her conviction of a serious crime; and it is further,
ORDERED that Robert P. Guido, Chief Counsel to the Grievance Committee for the Tenth Judicial District, 150 Motor Parkway, Suite 102, Hauppauge, N.Y. 11788, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,
ORDERED that the petitioner Grievance Committee shall serve upon the respondent Sonya Moody Barksdale, admitted as Sonya G. Moody Barksdale, and the Special Referee and file with this court a petition within 30 days after receipt of a copy of this decision and order on motion; and it is further,
ORDERED that within 20 days after service upon the respondent Sonya Moody Barksdale, admitted as Sonya G. Moody Barksdale, of a copy of the petition, the respondent shall serve an answer upon the petitioner and the Special Referee and shall file the original answer in the office of the Clerk of this court; and it is further,
ORDERED that the issues raised by the petition and any answer thereto are referred to John F. Mulholland, Esq., 3 Mayflower Drive, Hicksville, N.Y. 11801, Special Referee to expeditiously hear and report, together with his findings on the issues; and it is further,
ORDERED that if Sonya Moody Barksdale, admitted as Sonya G. Moody Barksdale, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10(f).
H. MILLER, J.P., COZIER, RITTER, SANTUCCI and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19967
M/nal
|
2004-04847, 2004-06574, 2004-06576 In the Matter of Zoila Cronin, respondent, v Michael Cronin, appellant. (Docket No. F-324/02, V-01114-02)
| SCHEDULING ORDER |
Appeals by Michael Cronin from three orders of the Family Court, Richmond County, dated May 6, 2004, June 21, 2004, and July 12, 2004, respectively. By decision and order on motion of this court dated December 28, 2004, the appellant's motion for leave to prosecute the above-entitled appeals as a poor person was denied. 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 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 20 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date that it was received; or
(3) if the transcripts have 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 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 20 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
M19958
S/sl
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2004-05616, 2004-05617
In the Matter of Joan Marie Fotiades, deceased. David Moskoff, appellant; Gregory Fotiades, respondent-respondent, et al., respondent. (File No. 519/01)
| ORDER ON APPLICATION |
Application by the respondent-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004.
ORDERED that the application is granted and the respondent-respondent's time to serve and file a brief is enlarged until March 3, 2005, and the respondent-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
M19966
M/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM A. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-01437 In the Matter of James Andrew Francischelli, appellant, v Delores A. Andino, respondent. (Docket No. V-15106/00)
| DECISION & ORDER ON MOTION |
Appeal by James Andrew Francischelli from an order of the Family Court, Queens County, dated December 12, 2003. By decision and order on motion of this court dated November 10, 2004, the appellant was given until December 15, 2004, to perfect the appeal. The appeal has not been perfected. On the court's own motion it is
ORDERED that the appeal is dismissed, without costs or disbursements.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19964
M/nal
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2004-08188 In the Matter of Brian H. (Anonymous). Commissioner of the Department of Social Services, petitioner-respondent; Gladys H. (Anonymous), respondent; Jose V. (Anonymous), appellant. (Docket Nos. N-01895-02, 23028-02)
| SCHEDULING ORDER |
ORDERED that the scheduling order of this court in the above-entitled proceeding dated December 2, 2004, is recalled and vacated, and the following scheduling order is substituted therefor:
Appeal by Jose V. from an order of the Family Court, Kings County, dated August 31, 2004. By decision and order on motion of this court dated December 29, 2004, the following attorney was assigned as counsel on the appeal:
Michael A. Fiechter, Esq.
26 Court Street
Brooklyn, New York 11242
(718) 902-4492
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 December 29, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M19961
M/nal
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2004-04340 In the Matter of Joel P. (Anonymous), appellant. (Docket No. S-3115-03)
| SCHEDULING ORDER |
Appeal by Joel P. from an order of the Family Court, Rockland County, dated April 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 29, 2004, and the respondent's brief was served and filed on December 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's reply brief shall be served and filed on or before January 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19965
M/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM A. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-03939 In the Matter of Benjamin Perez, respondent, v Grissel M. Sepulveda, appellant. (Docket No. V-17007-01)
| SCHEDULING ORDER |
Appeal by Grissel M. Sepulveda from an order of the Family Court, Queens County, dated April 30, 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 January 21, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19962
M/nal
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2004-03890 In the Matter of Rosario S. (Anonymous), appellant. (Docket No. D-1876/03)
| SCHEDULING ORDER |
Appeal by Rosario S. from an order of the Family Court, Queens County, dated April 20, 2004. The appellant's brief was served and filed in the office of the Clerk of this court on November 8, 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 time to serve and file a brief on the appeal is enlarged until January 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19688
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2003-09323 In the Matter of Dyshea T. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-14652/00 ) In the Matter of Rashawn P. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-07195/01 )
| SCHEDULING ORDER |
Appeal by Marisol R. from an order of the Family Court, Kings County, dated August 20, 2003. An Anders brief (see Anders v California, 386 US 738),was filed in the office of the Clerk of this court on behalf of the appellant on September 16, 2004. The respondent and the law guardian received the transcripts in the above-entitled proceedings on or about November 9, 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 law guardian's time to serve and file a brief on the appeal is enlarged until January 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19963
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2004-03587 In the Matter of Lioida W. (Anonymous). Administration for Children's Services, respondent; Bernice W. (Anonymous), appellant. (Docket No. B-12378-99)
| SCHEDULING ORDER |
Appeal by Bernice W. from an order of the Family Court, Kings County, dated March 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 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 respondent's time to serve and file a brief on the appeal is enlarged until January 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19918
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-07232 In the Matter of George Wendell, appellant, v Jenny Wendell, respondent. (Docket No. V-5900/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the Law Guardian for the child to dismiss an appeal from an order of the Family Court, Orange County, dated July 16, 2003, on the ground that it has been rendered academic by an order of the same court dated July 22, 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 the appeal is dismissed, without costs or disbursements.
PRUDENTI, P.J., RITTER, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19968
S/sl
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2003-04039
The People, etc., respondent, v Jarvis Campbell, appellant. (Index No. 3842/01)
| 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 a judgment of the Supreme Court, Kings County, rendered April 9, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 7, 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
M19483
F/
DAVID S. RITTER, J.
|
2004-07470
The People, etc., plaintiff, v Louis Charriez, defendant. (Ind. No. 1778/97)
| 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 July 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M19485
F/
DAVID S. RITTER, J.
|
2004-09195
The People, etc., plaintiff, v Carl Wayne James, defendant. (Ind. No. 88-01400)
| 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, Westchester County, dated August 6, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M19920
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FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-00851
The People, etc., respondent, v Roy Joseph, appellant. (Ind. No. 1728/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to withdraw his brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 8, 2002, and for leave to file a new brief, or a supplemental brief raising issues related to People v Payne (3 NY3d 266), and cross application by the respondent, inter alia, to enlarge its time to file a brief on the appeal, including a response to the issues raised in any new or supplemental brief filed by the appellant.
Upon the papers filed in support of the motion and the cross application and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted and on or before February 7, 2005 the appellant shall serve and file a supplemental brief raising issues related to People v Payne (3 NY3d 266); and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross application is granted, and the respondent's time to serve and file its brief, including the issues raised in the appellant's supplemental brief, is enlarged until 60 days after the appellant serves his supplemental brief.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19921
A/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2001-05691 The People, etc., respondent, v Louis Olivo, appellant.
(Ind. No. 6662/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, to amend a decision and order on motion of this court dated October 28, 2004, which directed the court reporter to make, certify, and file two transcripts of the stenographic minutes of the proceedings which occurred on May 14, 2001, if they are available, to reflect that the court reporter also make, certify, and file two transcripts of the stenographic minutes of any additional proceedings which occurred on May 7, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated October 28, 2004, in the above-entitled matter is amended by adding to the preamble and the first, second, and third decretal paragraphs thereof the words "May 7, 2001".
SANTUCCI, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19484
F/
DAVID S. RITTER, J.
|
2004-09220
The People, etc., plaintiff, v Anthony Young, defendant. (Ind. No. 3940/99)
| 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 February 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M19942
C/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-10344 The People etc. ex rel., Antoinne Murphy, appellant, v Brian Fischer, respondent.
(Ind. No. 3500/04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, entered August 31, 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 denied.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court