Appellate Division: Second Judicial Department
M20302
CF/
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2004-06328 AYW Networks, Inc., respondent, v Teleport Communications Group, Inc., appellant. (Index No. 4586/99)
| 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 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M20304
CF/
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2004-08814 AYW Networks, Inc., respondent, v Teleport Communications Group, Inc., appellant. (Index No. 4586/99)
| 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 September 22, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M20212
S/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
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2004-07376
Shamwatty M. Ali, appellant, v Jean Seymoore, respondent. (Index No. 2129/03)
| ORDER TO SHOW CAUSE |
The plaintiffs having appealed to this court from an order of the Supreme Court, Queens County, dated June 25, 2004, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse.
Now, on the court's own motion, it is
ORDERED that counsel for the appellant show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by 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 all parties to the action on or before January 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon counsel for all parties by regular mail.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20228
J/sl
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2004-06048 Louis Aquilino, et al., plaintiffs-respondents, v E.W. Howell Co., Inc., defendant third-party plaintiff-appellant, et al., defendants; Island Acoustics, LLC, third-party defendant-respondent; ADT Security Systems, Inc., second third-party defendant (and a fourth-party action). (Index No. 16381/99)
| 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, Nassau County, entered May 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 8, 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
M20283
CF/
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2004-08124 Stefan Berger, etc., appellant, v Temple Beth-El of Great Neck, et al., respondents. (Index No. 1539/01)
| 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 August 10, 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
M20244
J/sl
|
2004-03964
Keith Bliey, appellant, v City of New York, et al., respondents.
(Index No. 15192/90)
| 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, Queens County, dated February 6, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20271
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|
2004-06954 Maria Boncimino, et al., respondents, v Noah M. Lantor, appellant. (Index No. 11268/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated June 2, 2004.
Upon the stipulation of the parties, dated January 5, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20239
J/sl
|
2004-03796 Khalid M.H. Butt, respondent, v New York Medical College, et al., appellants. (Index No. 8704/01)
| 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, Westchester County, dated March 31, 2004.
ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until March 4, 2005, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondent shall serve and file his brief on or before May 3, 2005, and the appellants shall serve and file their respective reply briefs on or before May 23, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20232
J/sl
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2004-00850 Colin Campbell, appellant, v City of Glen Cove, respondent. (Index No. 4223/00)
| 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 the Supreme Court, Nassau County, dated November 3, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 14, 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
M20297
S/sl
|
2004-05155
Maria Castro, respondent, v John Mione, appellant. (Index No. 16540/03)
| 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 6, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 1, 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
M20260
CF/
|
2004-04046 Chun Chun Lam, respondent, v Timothy A. Spann, et al., appellants. (Index No. 50745/01)
| 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 March 15, 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
M20282
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2004-08245 Elizabeth Crespo, appellant, v Eugene Lombardo, respondent. (Index No. 29909/03)
| 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 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
M20243
J/sl
|
2004-05342 Marc DiLorenzo, respondent, v Estate Motors, Inc., appellant. (Index No. 13580/02)
| 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 a judgment of the Supreme Court, Westchester County, dated May 17, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 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
M20119
M/nal
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2005-00023, 2005-00025 Douglas Donaghy, respondent, v Celinda Rodriguez Donaghy, appellant. (Index No. 8882/04)
| SCHEDULING ORDER |
Appeals by Celinda Rodriguez Donaghy from two orders of the Supreme Court, Westchester County, dated July 8, 2004, and September 8, 2004, respectively. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeals in the above-entitled action shall be perfected 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 in the Supreme Court action to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts has been received, and indicating the date that they were received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which they are 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
M20299
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2004-04452
Eric Eriksen, appellant, v Douglas D. Allen, respondent. (Index No. 15128/98)
| 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 December 19, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 9, 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
M20255
CF/
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2004-00907, 2004-07183 Sandro Farduchi, et al., respondents-appellants, v United Artist Theatre Circuit, Inc., et al., respondents, F.R.P., Sheet Metal Contracting Corp., appellant-respondent. (Index No. 23113/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent on appeals from two orders of the Supreme Court, Queens County, dated December 5, 2003 and July 9, 2004, respectively to withdraw the appeal from the order dated December 5, 2003 (Appellate Division Docket No. 2004-00907).
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 from the order dated December 5, 2003, pending under Appellate Division Docket No. 2004-00907, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20213
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-05908 Susanne Fitzpatrick, respondent-appellant, v John Fitzpatrick, appellant-respondent. (Index No. 501/02)
| DECISION & ORDER ON MOTION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a decision of the Supreme Court, Rockland County, dated June 7, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as no appeal or cross appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20272
CF/
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2004-08397 Luis E. Garcia, et al., plaintiffs-respondents, v Ford Motor Company, defendant-respondent, McDaniel Ford, Inc., appellant. (Index No. 4250/01)
| 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 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
M20226
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-11280 Juan Garcia, etc., et al., respondents, v Dorothy E. Lacy, appellant. (Index No. 13758/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the underlying action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated December 9, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20206
S/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-07831
Raouf Z. Gendi, et al., appellants, v Colt Taxi, Inc., et al., respondents. (Index No. 24815/02)
| ORDER TO SHOW CAUSE |
The plaintiffs having appealed to this court from an order of the Supreme Court, Queens County, dated July 21, 2004, and this court having noticed the matter for a CAMP conference, and, counsel for the appellants having failed to appear at the conference without excuse.
Now, on the court's own motion, it is
ORDERED that counsel for the appellants show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by 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 all parties to the action on or before January 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon counsel for all parties by regular mail.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20236
J/sl
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2004-08756 Goldsmith Motors Corporation, respondent, v Chemical Bank, appellant. (Index No. 16310/94)
| 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 June 28, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 10, 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
M20182
A/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04595 Joy L. Hildreth-Henry, respondent, v Jeffrey M. Henry, appellant. (Index No. 203849/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated November 3, 2004, which dismissed an appeal from a decision of the Supreme Court, Nassau County, dated April 22, 2004, on the ground that no appeal lies from a decision, and to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court entered August 9, 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, the decision and order on motion of this court dated November 3, 2004, in the above-entitled action, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the notice of appeal from the decision dated April 22, 2004, is deemed to be a premature notice of appeal from the judgment entered August 9, 2004 (see CPLR 5520[c]); and it is further,
ORDERED that 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 shall be served and filed on or before that date.
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20234
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
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2004-05510 Hopewell Hot Bagels, Inc., et al., appellants, et al., plaintiff, v Excellent Bakery Equipment Co., respondent, et al., defendants (and a third-party action). (Index No. 3726/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated April 20, 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 appellants' time to perfect the appeal is enlarged until March 3, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20294
S/sl
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2004-00109, 2004-07577
Nitza Keane, appellant-respondent, v Frank M. Keane, respondent-appellant. (Index No. 18696/99)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated November 8, 2004, in the above-entitled case is amended by deleting from the second decretal paragraph the words "in accordance with the rules of this court", and substituting therefor the words "on or before January 10, 2005".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20238
A/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-08742 Julie Levine, respondent, v Robert Levine, appellant.
(Index No. 9938/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, entered September 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20237
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-08775 Anthony Lomonaco, respondent-appellant, v Lisa Lomonaco, appellant-respondent. (Index No. 16239/97)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 10, 2004. By order to show cause dated December 6 ,2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated October 21, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal taken by Lisa Lomonaco is dismissed, without costs or disbursements; and it is further,
ORDERED that as there are no minutes to be transcribed, Anthony Lomonoco shall perfect his appeal by serving and filing the record or appendix and the appellant's brief on the appeal on or before February 7, 2005.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19740
CF/
|
2003-09195
Karen McGrady, et al., respondents, v Pamela Giraud, appellant, Ethel Zebron, defendant. (Index No. 6337/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated September 24, 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
M20265
CF/
|
2004-07835 New York Methodist Hospital, a/a/o Charles Bushnell, et al., respondents, v Liberty Mutual Insurance Company, appellant. (Index No. 18674/03)
| 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 August 11, 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
M20209
Y/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-06031, 2004-07628 Hayat S. Raja, etc., et al., ,respondents, v Qurratulain T. Siddiqui, et al., appellants, et al., defendants. (Index No. 12482/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order of the Supreme Court, Richmond County, dated May 24, 2004, and a judgment of the same Court dated July 6, 2004, to stay the trial of the above-entitled action pending hearing and determination of the appeals from the order dated May 24, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20250
CF/
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2004-04203 Kim A. Ruden, respondent, v Town of Hempstead, appellant, et al., defendants. (Index No. 1010/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an interlocutory judgment of the Supreme Court, Nassau County, dated May 7, 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
M20224
R/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-10766, 2004-10768 Donna Ruggiero, appellant, v John C. Ruggiero, respondent. (Index No. 16330/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeals |
Motion by the respondent to dismiss appeals from an order to show cause of the Supreme Court, Westchester County, dated November 3, 2004, and an order of the same court dated September 1, 2004, and for legal fees and costs.
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 branch of the motion which is to dismiss the appeal from the order to show cause dated November 3, 2004, is granted as the order to show cause is not appealable (see CPLR 5701, 5704) and the appeal from the order to show cause is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated September 1, 2004, is granted as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701) and the appeal from that order is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is for legal fees and costs is denied.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20227
R/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-10983 Allan Simmons, appellant, v Laura Simmons, respondent.
(Index No. 8700/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, June 23, 2003, to stay enforcement of an undated judgment of the same court in the principal sum of $9,774.15, entered upon an order of the same court dated June 1, 1999, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to the appellant taking an appeal from the judgment entered against him in the principal sum of $9,774.15, or moving to vacate that judgment in the Supreme Court, Nassau County.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20242
A/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08563
Robert H. Spergel, respondent, v Steven Oteri, appellant.
(Index No. 15974/02)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the appellant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated June 4, 2004, which affirmed an order of the First District Court, Nassau County, entered July 11, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20217
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
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2004-00720 Charles Springstead, plaintiff-defendant, v Ciba-Geigy Corporation, defendant, Toreon, Inc., et al., appellants, Novartis Pharmaceuticals Corporation, defendant-respondent (and third and fourth party actions). (Index No. 3688/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to recall and vacate an order on application of this court dated July 7, 2004, granting the appellants' application to withdraw an appeal from an order of the Supreme Court, Orange County, dated September 8, 2003, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on application of this court dated July 7, 2004, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 2, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that on the court's own the motion, the notice of appeal from the order is deemed to be a notice of appeal from a judgment of the same court entered December 3, 2003 (see CPLR 5512).
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20300
S/sl
|
2004-05008
U. S. Bank National Association TR U/A DTD 06/01/99, respondent, v Old Republic National Title Insurance Company, appellant (and related actions).
(Index No. 29987/01)
| 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, Suffolk County, dated April 8, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 23, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20270
CF/
|
2004-08284 Luis Ulloa, et al., appellants, v Veronica McKnight, respondent. (Index No. 16114/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens 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
M20199
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-02337 Wagner College, respondent, v Ace America Insurance Company, etc., appellant. (Action No. 1) (Index No. 12662/00) Seahawk Football Camp, respondent, v Ace America Insurance Company, etc., appellant. (Action No. 2) (Index No. 13554/00)
| 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, Richmond County, dated October 2, 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 February 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20295
S/sl
|
2004-05976
Eric Wallace, appellant, v Deborah Dubin, et al., respondents. (Index No. 7508/02)
| ORDER ON APPLICATION |
Application by the respondent Banc of America Auto Finance Corporation 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 June 25, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until January 24, 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
M20219
R/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-05321 Ira Weitzenberg, et al., appellants, v Nassau County Department of Recreation and Parks, et al., respondents. (Index No. 28936/92)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 29, 2004 on the ground that the appeal was not timely taken, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until February 7, 2005, and the respondents' brief must be served and filed on or before that date.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20220
R/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-05324 Ira Weitzenberg, et al., appellants, v Nassau County Department of Recreation and Parks, et al., respondents.
(Index No. 28936/92)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered January 29, 2004 on the ground that the appeal was not timely taken, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until February 7, 2005, and the respondents' brief must be served and filed on or before that date.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20301
CF/
|
2004-08461 Rae L. Zarelli, respondent, v Steven Brenman, etc., appellant, et al., defendants. (Index No. 114125/01)
| 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 July 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
M20214
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-08889 In the Matter of Frank D. Birdsall, Sr., a/k/a F. D. Birdsall, a/k/a Franke DeSalles Birdsall, deceased. Martha Birdsall, appellant; Grace A. Seaver, respondent. (File No. 573/02)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Surrogate's Court, Orange County, dated September 1, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20233
J/sl
|
2004-08689
In the Matter of Frances Ann Dougherty, deceased. Bank of America, N.A., respondent; Estate of Frances Ann Dougherty, appellant.
(File No. 1151/01)
| 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 a decree of the Surrogate's Court, Suffolk County, dated August 18, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 20, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20221
R/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-07959
In the Matter of Nicholas G. (Anonymous). Westchester County Department of Social Services, petitioner-respondent; Tammy G. (Anonymous), respondent; Anthony W. (Anonymous), nonparty- appellant. (Docket No. N- 90-99)
| ORDER TO SHOW CAUSE |
Appeal by Anthony W. from an order of the Family Court, Westchester County, dated August 9, 2004. By order to show cause dated December 9, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 23, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20229
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-07961 In the Matter of Nicholas G. (Anonymous). Westchester County Department of Social Services, respondent; Anthony W. (Anonymous), appellant. (Docket No. AS-10719/04)
| DECISION & ORDER ON MOTION |
Appeal by Anthony W. from an order of the Family Court, Westchester County, dated August 9, 2004. By order to show cause dated December 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own 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 comply with the scheduling order dated September 23, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20222
R/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-05903 In the Matter of Jeffrey Glinka, respondent, v Town of Poughkeepsie, appellant. (Index No. 287/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated June 3, 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 to the extent that the appellant's time to perfect the appeal is enlarged until March 8, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20240
J/sl
|
2004-03109 In the Matter of Government Employees Insurance Company, petitioner-respondent, v Orrett Spence, respondent-respondent, State Farm Mutual Automobile Insurance Company, appellant, et al., respondents. (Index No. 11212/03)
| 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 an appeal from an order of the Supreme Court, Kings County, dated March 8, 2004.
ORDERED that the application is granted and the respondent-respondent's time to serve and file a brief is enlarged until February 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
M20114
M/nal
|
2005-00076 In the Matter of Joseph Herzog, respondent, v Lisa Ann Candido, appellant. (Docket No. V-14511/03)
| SCHEDULING ORDER |
Appeal by Lisa Ann Candido from an order of the Family Court, Suffolk County, dated October 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in 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, 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
M20200
S/sl
|
2004-09939
In the Matter of Ella Kiselgof, petitioner, v New York State Division of Housing & Community Renewal, et al., respondents. (Index No. 6478/03)
| ORDER ON APPLICATION |
Application by the respondent New York State Division of Housing & Community Renewal pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated April 28, 2004.
ORDERED that the application is granted and the movant's brief shall be served and filed on or before February 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20113
M/nal
|
2004-11003, 2004-11004 In the Matter of Mary Jocelyn M. (Anonymous). Administration for Children's Services, petitioner-respondent; Geto M. (Anonymous), et al., appellants. (Docket No. N- 07531-01)
| SCHEDULING ORDER |
Appeals by Jocelyn M. from two orders of the Family Court, Kings County, dated July 23, 2004, and December 3, 2004, respectively. 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 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the 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
M20105
M/nal
|
2004-10991 In the Matter of Brian MacKay, respondent, v Olga MacKay, appellant. (Docket Nos. V-10519-02, V-10520-02)
| SCHEDULING ORDER |
Appeal by Olga MacKay from an order of the Family Court, Nassau County, dated November 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in 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, 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
M20262
CF/
|
2004-06417 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Ralph Garofalo, et al., respondents. (Index No. 27820/03)
| 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 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
M20215
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2005-00070 In the Matter of Carmen-Reyes Oquendo, petitioner-respondent, v Michele Sierra, respondent-respondent, Manuel Pimental, appellant. (Docket Nos. V-02319-95/04, V-19370-04)
| DECISION & ORDER ON MOTION |
Appeal by Manuel Pimental from an order of the Family Court, Suffolk County, dated November 30, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the stipulation of the appealing party (see CPLR 5511).
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20111
M/nal
|
2004-11329 In the Matter of Liam Frances P. (Anonymous). Administration for Children's Services, respondent; George S. (Anonymous), appellant. (Docket No. B-14879/03)
| SCHEDULING ORDER |
Appeal by George S. from an order of the Family Court, Kings County, dated November 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk 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
M20108
M/nal
|
2004-11203 In the Matter of Dana Padone, respondent, v Marcus Corpes, appellant. (Docket No. F-03931-04)
| SCHEDULING ORDER |
Appeal by Marcus Corpes from an order of the Family Court, Suffolk County, dated November 1, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in 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, 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
M20116
M/nal
|
2005-00097 In the Matter of John J. Paoli, Sr., appellant, v Jody Paoli, respondent. (Docket No. V-270597)
| SCHEDULING ORDER |
Appeal by John J. Paoli, Sr., from an order of the Family Court, Orange County, dated November 24, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in 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, 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
M20124
M/nal
|
2004-11083 In the Matter of John Robert Pearsall, appellant, v Vito Cornacchio, respondent. (Docket Nos. V-15927-04, P-15928-04, F-15928-04)
| SCHEDULING ORDER |
Appeal by John Robert Pearsall from an order of the Family Court, Suffolk County, dated December 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in 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, 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 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20203
S/sl
|
2004-09945
In the Matter of Galina Plazinska, et al., petitioners, v New York State Division of Housing & Community Renewal, et al., respondents. (Index No. 5943/03)
| ORDER ON APPLICATION |
Application by the respondent New York State Division of Housing & Community Renewal pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated April 28, 2004.
ORDERED that the application is granted and the movant's brief shall be served and filed on or before February 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20202
S/sl
|
2004-09943
In the Matter of Lioubov Pronina, et al., petitioners, v New York State Division of Housing & Community Renewal, et al., respondents. (Index No. 53807/02)
| ORDER ON APPLICATION |
Application by the respondent New York State Division of Housing & Community Renewal pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated March 31, 2004.
ORDERED that the application is granted and the movant's brief shall be served and filed on or before February 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20130
M/nal
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2004-11330, 2004-11331, 2004-11332, 2004-11334 In the Matter of Q. L. H. (Anonymous). Administration for Children's Services, respondent; C.-M. W. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of Y.-L. R. (Anonymous). Administration for Children's Services, respondent; C.-M. W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-18613-02, N-18614-02)
| SCHEDULING ORDER |
Appeals by C.-M. W. from four orders of the Family Court, Kings County, one dated August 20, 2004, and three dated October 27, 2004, respectively. 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 proceedings 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 in 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 received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are 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
M19584
M/nal
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2003-09097, 2004-07078 In the Matter of Kristina R. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 1) (Docket No. N-13342/01) In the Matter of Nelson R. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 2) (Docket No. N-13343/01) In the Matter of Gia T. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 3) (Docket No. N-13344/01)
| SCHEDULING ORDER |
Appeals by Margarita B. And Joseph B. from two orders of the Family Court, Kings County, both dated September 16, 2003. The brief of appellant Margarita B. was served and filed on August 17, 2004, and the brief of the appellant Joseph B. 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 within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk 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
M20230
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
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2004-07962
In the Matter of Isabel Olga Restrepo, respondent, v James Gleeson, Jr., appellant. (Docket No. F-01576-96)
| DECISION & ORDER ON MOTION |
Appeal by James Gleeson, Jr., from an order of the Family Court, Suffolk County, dated July 26, 2004. By decision and order on motion dated December 3, 2004, the appellant was granted until December 30, 2004, to comply with the scheduling order dated September 23, 2004. The appellant has failed to do so.
On the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20201
S/sl
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2004-09941
In the Matter of Rina Vaynshteyn, petitioner, v New York State Division of Housing & Community Renewal, et al., respondents. (Index No. 4262/03)
| ORDER ON APPLICATION |
Application by the respondent New York State Division of Housing & Community Renewal pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated March 31, 2004.
ORDERED that the application is granted and the movant's brief shall be served and filed on or before February 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20296
S/sl
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2004-04923
In the Matter of Jo Elynn Vega, et al., appellants, v Richard Scheyer, et al., respondents. (Index No. 30412/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 20, 2004, and to enlarge the respondents' time to serve and file their brief.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 24, 2005, 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 respondents' brief shall be served and filed on or before March 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20225
J/sl
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1999-02050
The People, etc., respondent, v Michael Hale, appellant. (Ind. No. 8776/96)
| ORDER ON APPLICATION |
Application by the appellant pro se pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 1999.
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before April 1, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20241
A/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
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2004-02500 The People, etc., respondent, v Jonathan Hurley, appellant. (Ind. No. 804/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental pro se brief on an appeal, from a sentence of the Supreme Court, Queens County, imposed March 15, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04-A-1603
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M20231
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
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1998-10810 The People, etc., respondent, v Jerome Jones, appellant. (Ind. No. 1527/97)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 30, 1998, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on January 13, 2000. By decision and order on motion dated September 4, 2003, the following named attorney was assigned to prosecute the appeal:
Andrew S. Worgan, Esq.
30 Colby Drive
Kings Park, New York 11754
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Steven A. Feldman, Esq.
626 EAB Plaza
West Tower - 6th Floor
Uniondale, New York, 11556
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 pre-sentence 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 on the court's own motion the brief filed by former assigned counsel and the brief filed by the respondent are stricken; 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.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20205
Y/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
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2003-05790 The People, etc., respondent, v Nikolaos Kotsopoulos, appellant. (Ind. No. 1057/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered June 19, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until January 24, 2005, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court