01-12-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JANUARY 12, 2005

TITLE	Case Number
Beal v Beal	2004-08437
Best Cheese Corp. v All-Ways Forwarding Int'l	2004-06269
Brooks v Ross	2003-10491 +1
Brownrigg v New York City Housing Authority	2004-06974
Caban v County of Suffolk	2004-04851
Cabrera v New York City Health and Hospitals	2004-07287
Cenname v Gabriel	2004-06960
Coakley v Parkway Hospital	2004-04489
Dinner Club Corp., d/b/a Areca v Hamlet On Ol	2004-11272
Evans v Evans	2004-04883 +1
LaRocco v State of New York	2004-09934
Lichtenstein v Barenbaum	2003-00466
NYCTL 1997-1 Trust v Goonan	2004-03954 +1
Palazzo v Hartford Insurance Company of the M	2002-10318 +1
Ping Lee v City of New York	2003-11318 +1
Segall v Segall	2004-10234
Sheridan v Town of Orangetown	2004-04056
Sorkin v Sierra Assets Group, Ltd.	2004-00529 +1
Sutka v Sutka	2004-00107
U.S. Bus Corp. v J.S. Ben-Ezra Industrial Sal	2004-06396
Wilson v Hallen Construction Corp.	2004-05869 +1
Zeis v Harelick	2004-06082
Mtr of C. (Anonymous), Brandon; Orange County	2005-00193
Mtr of C. (Anonymous), Bryan; Corporation Cou	2005-00146
Mtr of Easton; Grievance Committee for the Te	2001-00101
Mtr of F. (Anonymous), Madeline; Administrati	2005-00143
Mtr of Fauconier v Fauconier	2004-08971
Mtr of Fisher v DeFlora	2004-09936
Mtr of G. (Anonymous), Demetrius; Administrat	2005-00145
Mtr of G. (Anonymous), Shmuel; Children Admin	2004-05421
Mtr of Gamble v Clemons	2004-10459
Mtr of Gargiulo v Gargiulo	2003-04018
Mtr of Jae v Board of Education of Pelham Uni	2004-03917 +1
Mtr of K. (Anonymous), Danielle; Administrati	2005-00313
Mtr of Kennedy v Kennedy	2005-00199
Mtr of Kluepfel v Kluepfel	2004-06132
Mtr of Mc. (Anonymous), Derrick; Corporation	2005-00315
Mtr of Miotto v Kytoski	2004-11324
Mtr of Monticciolo v Saracco	2004-08990 +1
Mtr of Nogueras v Nogueras	2004-06631
Mtr of Pollack v Goodman	2005-00184
Mtr of R. (Anonymous), Nina; R., Gina; Admini	2005-00181
Mtr of Salamone-Finchum v McDevitt	2005-00201
Mtr of Shuster v Hoch	2005-00188
Mtr of Stumpf v Stumpf	2005-00194
Mtr of Winokur v Winokur	2005-00186
Peo v Bell, Derrick	2004-09580
Peo v Blanco, Arthur	2003-02712
Peo v Fajemisin, Tona	2004-10872
Peo v Gibbs, Philip	2004-09922
Peo v Keys, Jeffrey	2002-05397
Peo v Means, Lamar	2001-10662
Peo v Patterson, Tremaine	2003-00391
Peo v Smith, Rakim, a/k/a Smith, Rha-Kim	2001-02832
Peo v Wilson, Tony	2004-10266
Peo v Young, Jeffrey	2004-10617

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Appellate Division: Second Judicial Department

M20380

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2004-08437

Robin Beal, respondent,
v Jeffrey Beal, appellant.
(Index No. 7237/86)

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 August 23, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 20, 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

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Appellate Division: Second Judicial Department

M20379

S/sl

2004-06269

Best Cheese Corp., plaintiff,
v All-Ways Forwarding Int'l., Inc., et al.,
defendants third-party plaintiffs-appellants;
Hapag-Lloyd Container Line, GMBH, et al.,
third-party defendants-respondents.
(Index No. 8124/03)

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, Westchester County, dated June 10, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 10, 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

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Appellate Division: Second Judicial Department

M20412

E/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2003-10491, 2004-06192
Trevor Brooks, appellant,
v Michael Ross, respondent.
(Index No. 38541/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated October 1, 2003, and June 29, 2004, respectively, and for leave to prosecute the appeals on the original record.

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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until February 17, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20387

S/sl

2004-06974
Richard Brownrigg, respondent,
v New York City Housing Authority,
appellant.
(Index No. 24807/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated May 19, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 4, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20235

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-04851
Toni Caban, et al., appellants, v County of
Suffolk, defendant third-party plaintiff-respondent;
Family Service League of Suffolk County, Inc.,
et al., third-party defendants.
(Index No. 99-13734)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered April 19, 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]).

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20382

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2004-07287

Esther Cabrera, etc., et al., respondents,
v New York City Health and Hospitals Corporation,
etc., et al., defendants, Astoria General Hospital, d/b/a
Western Queens Community Hospital, appellant.
(Index No. 15563/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 21, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 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

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Appellate Division: Second Judicial Department

M20328

A/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06960
Eric A. Cenname, plaintiff-respondent, v
Michael P. Gabriel, et al., defendants-respondents,
Douglas Miglino, appellant.
(Index No. 33416/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, entered June 18, 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.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20378

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2004-04489

George Coakley, etc., appellant,
v Parkway Hospital, defendant third-party
plaintiff-respondent, Michael Reich, et al.,
defendants-respondents; Peter Gottlieb, etc.,
et al., third-party defendants-respondents.
(Index No. 28139/97)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered April 13, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20404

S/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-11272
Dinner Club Corp., d/b/a Areca, respondent,
v Hamlet on Olde Oyster Bay Home Owners
Association, Inc., etc., et al., appellants.
(Index No. 013463/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated December 17, 2004, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the appeal in the above-entitled action and the motion for a stay are transferred to the Appellate Division, First Department, pursuant to New York Constitution, article VI, § 4(i) for hearing and determination; and it is further,

ORDERED that all further proceedings in connection with this appeal shall be conducted pursuant to the rules of the Appellate Division, First Department.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20321

E/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04883, 2004-04885

Joan E. Evans, respondent,
v Bret A. Evans, appellant.
(Index No. 3567/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated April 30, 2004, and May 20, 2004, respectively, for leave to prosecute the appeals on the original record, to enlarge the time to perfect the appeals, and to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until March 2, 2005, and the record or appendix on the appeals 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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20377

E/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09934
Dominick LaRocco, appellant,
v State of New York, respondent.
(Claim No. 109598)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Court of Claims dated October 26, 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.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20449

PL/sl

FRED T. SANTUCCI, J.P.

STEPHEN G. CRANE

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2003-00466
Joseph Lichtenstein, appellant, v
Morris E. Barenbaum, et al., respondents.
(Index No. 5720/95)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 20, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 31, 2002, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is denied without prejudice to renewal when the appeal is perfected; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to perfect his appeal is granted, the appellant's time to perfect the appeal is enlarged until February 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; and it is further,

ORDERED that no further enlargements of time shall be granted.

SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20349

R/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03954, 2004-09429
NYCTL 1997-1 Trust, et al., respondents,
v Gerard T. Goonan, appellant, et al.,
defendants.

(Index No. 10718/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of a judgment of foreclosure and sale of the Supreme Court, Queens County, dated September 2, 2003, and an order of the same court dated March 20, 2004, pending hearing and determination of appeals therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20322

Y/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2002-10318, 2003-03872
Thomas Palazzo, etc., et al., appellants,
v Hartford Insurance Company of the Midwest,
et al., respondents, et al., defendant.
(Index No. 44248/97)

DECISION & ORDER ON MOTION

Motion by the appellants for reargument of appeals from an order of the Supreme Kings County, dated August 30, 2002, and a judgment of the same court, entered March 19, 2003, which were decided by decision and order of this court dated September 27, 2004, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., FLORIO, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20389

S/sl

HOWARD MILLER, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN, JJ.

2003-11318, 2004-02683

Ping Lee, appellant, v City of New York,
et al., respondents.
(Index No. 22680/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge time to perfect appeals from a judgment of the Supreme Court, Queens County, entered November 12, 2003 (Appellate Division Docket No. 2003-11318), and an order of the same court entered February 11, 2004 (Appellate Division Docket No. 2004-02683).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]), and prior orders of this court.

H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20363

Y/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-10234
Isaac Segall, respondent,
v Gal Segall, appellant.
(Index No. 19616/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of stated portions of a judgment of the Supreme Court, Westchester County, dated October 7, 2004, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20383

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2004-04056

Timothy Sheridan, appellant,
v Town of Orangetown, respondent.
(Index No. 0147/04)

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, Rockland County, dated April 9, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20315

Y/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-00529, 2004-05777
Charles Sorkin, appellant,
v Sierra Assets Group, Ltd., respondent.
(Index No. 2830/00)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Westchester County, dated December 12, 2003, and May 24, 2004, respectively.

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 respondent's time to serve and file a brief is enlarged until February 15, 2005, and the respondent'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.

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20316

Y/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-00107
Stephen B. Sutka, appellant,
v Laurie E. Sutka, respondent.
(Index No. 2644/97)

DECISION & ORDER ON MOTION

Motion by the appellant to supplement the record on an appeal from an order of the Supreme Court, Dutchess County, dated December 23, 2003.

Upon the papers filed in support of the motion and papers filed in opposition thereto, it is

ORDERED that the motion is denied.

COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20407

E/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-06396
U.S. Bus Corp., et al., appellants,
v J.S. Ben-Ezra Industrial Sales, Inc., et al.,
respondents.
(Index No. 5836/02)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Rockland County, dated December 5, 2003, to strike the respondents' brief on the ground that the respondents did not comply with the decision and order on motion of this court dated November 17, 2004, or, in the alternative, to enlarge the time to serve and file a reply 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 strike the respondents' brief is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellants' time to serve a reply brief is enlarged until January 24, 2005, and the reply brief must be served and filed on or before that date.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20384

S/sl

2004-05869, 2004-06210

Robert D. Wilson, et al., appellants-respondents,
v Hallen Construction Corp., respondent-appellant.
(Index No. 6828/95)

ORDER ON APPLICATION

Application by the appellants-respondents 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 May 28, 2004, and an appeal and cross appeal from a judgment of the same court, entered June 14, 2004.

ORDERED that the application is granted and the appellants-respondents' time to perfect their appeals is enlarged until May 1, 2005, and the joint record or joint appendix on the appeals and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20381

S/sl

2004-06082

Kristin Zeis, appellant,
v Michael S. Harelick, et al., respondents.
(Index No. 01-00275)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated June 17, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 11, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20355

M/nal

2005-00193
In the Matter of Brandon C. (Anonymous).
Orange County Department of Social Services,
petitioner-respondent; Ellen C. (Anonymous),
appellant, et al., respondents.
(Docket No. N-5131-03)

SCHEDULING ORDER

Appeal by Ellen C. from an order of the Family Court, Orange County, dated August 11, 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.

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Appellate Division: Second Judicial Department

M20344

M/nal

2005-00146
In the Matter of Bryan C. (Anonymous), appellant.
(Docket No. D-06887/04)

SCHEDULING ORDER

Appeal by Bryan C. from an order of the Family Court, Queens County, dated December 9, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20310

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

ROBERT W. SCHMIDT

DAVID S. RITTER

FRED T. SANTUCCI, JJ.

2001-00101

In the Matter of Mark Easton,
a suspended attorney.
Grievance Committee for the Tenth
Judicial District, petitioner;
Mark Easton, respondent.
(Attorney Registration No. 1363704)

DECISION & ORDER ON MOTION
FOR REINSTATEMENT

By decision and order on motion of this court dated March 14, 2001, the respondent was suspended from the practice of law, pursuant to 22 NYCRR 691.13(c), based on his contention that he was suffering from a disability, until a determination could be made of his capacity to continue to practice law; the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against him; and the matter was referred to Alfred Besunder, Esq., as Special Referee to hear and report. The disciplinary proceeding was held in abeyance pending a court-ordered medical examination. Based on the medical report, the respondent's suspension was continued by decision and order on motion of this court dated December 17, 2001, the respondent was directed to submit to another medical examination within 90 days, and the previously-authorized disciplinary proceeding continued to be held in abeyance. A second medical report, dated June 11, 2002, led to this court's decision and order on motion dated October 18, 2002, continuing the suspension and continuing to hold the disciplinary proceeding in abeyance. The respondent moved for reinstatement on or about January 30, 2004. By decision and order on motion of this court dated July 2, 2004, the respondent's motion for reinstatement was held in abeyance and he was directed to submit to another medical examination to be arranged by Chief Counsel to the Grievance Committee to determine whether he is still incapacitated from practicing law due to medical disability. The respondent appeared at the office of Joel H. King, M.D., for psychiatric evaluation on August 23, 2004. Dr. King's report, dated October 1, 2004, was submitted subject to that order. This was the third time the respondent was examined by Dr. King on order of this court. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 21, 1973.

Upon the report of Joel H. King, M.D., it is

ORDERED that the suspension imposed upon the respondent pursuant to 22 NYCRR 691.13(c) by decision and order on motion of this court dated March 14, 2001, is vacated and the respondent is reinstated to the practice of law; and it is further,

ORDERED that the parties proceed expeditiously with the previously-authorized disciplinary proceeding.

PRUDENTI, P.J., FLORIO, SCHMIDT, RITTER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20342

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2005-00143
In the Matter of Madeline F. (Anonymous).
Administration for Children's Services, respondent;
George F. (Anonymous), appellant.
(Docket No. N-13706/01)

SCHEDULING ORDER

Appeal by George F. from an order of the Family Court, Queens County, dated December 6, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20400

Y/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-08971
In the Matter of Corey M. Fauconier, appellant,
v Delsa Fauconier, respondent.
(Docket No. F-01485-00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Richmond County, dated April 1, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied with leave to the appellant to renew, on or before February 2, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20398

Y/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09936
In the Matter of Andrew F. Fisher, respondent,
v Christine DeFlora, appellant.
(Docket No. V-04274)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated October 8, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20323

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2005-00145
In the Matter of Demetrius G. (Anonymous).
Administration for Children's Services, respondent;
Sherman G. (Anonymous), appellant.
(Docket No. N-15695/04)

SCHEDULING ORDER

Appeal by Sherman G. from an order of the Family Court, Queens County, dated December 1, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20421

R/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-05421
In the Matter of Shmuel G. (Anonymous).
Administration for Children's Services, respondent;
Rivka G. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Esther G. (Anonymous).
Administration for Children's Services, respondent;
Rivka G. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. N 1132-3/02, N-1133-3/02)

DECISION & ORDER ON MOTION

Motion by Sheila O'Shea, the children's Law Guardian, to hold in abeyance an appeal from an order of the Family Court, Kings County, dated June 21, 2004, pending resolution of the matter in the Family Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the respondent's and the Law Guardian's time to serve and file their respective briefs is enlarged until January 31, 2005, and the respondent's and Law Guardian's respective briefs must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20274

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2004-10459

In the Matter of Harrylon Gamble, appellant,
v Tara D. Clemons, respondent.
(Docket No. F-05075-04)

ORDER TO SHOW CAUSE

Appeal by Harrylon Gamble from an order of the Family Court, Suffolk County, dated October 21, 2004. By scheduling order dated December 6, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated December 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 7, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20369

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HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-04018

In the Matter of Claire Gargiulo, respondent,
v Michael Gargiulo, appellant.
(Docket Nos. F-2817-99, O-6640-02)

DECISION & ORDER ON MOTION

Appeal by Michael Gargiulo from an order of the Family Court, Nassau County, dated March 20, 2003. By decision and order on motion dated November 19, 2004, the appellant was given until December 28, 2004, to perfect the above-entitled 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.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20332

C/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03917, 2004-07769
In the Matter of Joel Jae, et al., appellants,
v Board of Education of Pelham Union Free
School District, et al., respondents.
(Index No. 1044/03)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, entered April 9, 2004, and August 2, 2004, respectively, inter alia, to enjoin the respondents, their agents, and employees from excluding the general public from meetings of the Board Steering Committee of the respondent Board of Education of Pelham Union Free School District pending hearing and determination of the appeals, and for a preference in the hearing and determination of the appeals. Cross motion by the respondents, among other things, for attorney's fees and costs.

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 motion and the cross motion are denied.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20361

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2005-00313
In the Matter of Danielle K. (Anonymous).
Administration for Children's Services, respondent;
Stacey K. (Anonymous), appellant.
(Docket No. N-17447-03)

SCHEDULING ORDER

Appeal by Stacey K. from an order of the Family Court, Kings County, dated December 17, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20357

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2005-00199
In the Matter of Jearmy Kennedy, appellant,
v Jessica Kraft Kennedy, respondent.
(Docket No. V-11041-03)

SCHEDULING ORDER

Appeal by Jearmy Kennedy from an order of the Family Court, Suffolk County, dated November 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20367

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HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06132

In the Matter of Rosemarie Kluepfel, appellant,
v Thomas R. Kluepfel, respondent.
(Docket No. F-15753-03)

DECISION & ORDER ON MOTION

Appeal by Rosemarie Kluepfel from an order of the Family Court, Suffolk County, dated June 17, 2004. By decision and order on motion dated September 24, 2004, the appellant was given until November 29, 2004, to perfect the above-entitled 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.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M20331

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2005-00315
In the Matter of Derrick Mc. (Anonymous), appellant.
(Docket No. D-19739/04)

SCHEDULING ORDER

Appeal by Derrick Mc. from an order of the Family Court, Kings County, dated December 17, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20396

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ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2004-11324
In the Matter of James M. Miotto,
respondent, v Katherine Kytoski,
appellant.

(Docket Nos. V-4466/03, V-4467/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Nassau County, dated December 23, 2004, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20411

E/sl

A. GAIL PRUDENTI, P.J.

BARRY A. COZIER

DAVID S. RITTER

ROBERT A. SPOLZINO, JJ.

2004-08990, 2004-08991

In the Matter of Jo Ann Monticciolo, respondent,
v Alfred Saracco, appellant.

(Docket No. F-1125-98/04I)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to stay enforcement of two orders of the Family Court, Richmond County, both dated September 14, 2004, pending hearing and determination of appeals therefrom, for leave to prosecute the appeals 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 branch of the motion which is for a stay is granted to the extent that enforcement of those provisions of the orders dated September 14, 2004, that direct the appellant's incarceration are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 1, 2005, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 1, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeals as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographers and/or the transcription services are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the Clerk of the Family Court, and the Clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the Clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

(212) 227-0206

and it is further,

ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20364

M/nal

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-06631

In the Matter of Corinne Nogueras, respondent,
v Charles Nogueras, appellant.
(Docket No. F-3302-04)

DECISION & ORDER ON MOTION

Appeal by Charles Nogueras from an order of the Family Court, Suffolk County, dated June 29, 2004. By decision and order on motion dated November 4, 2004, the appellant was given until November 30, 2004, to perfect the above-entitled 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.

H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20351

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2005-00184
In the Matter of Betsy Pollack, respondent,
v Kenneth Lee Goodman, appellant.
(Docket No. F-13694-03)

SCHEDULING ORDER

Appeal by Kenneth Lee Goodman from an order of the Family Court, Westchester County, dated November 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20325

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2005-00181
In the Matter of Nina R. (Anonymous).
Administration for Children's Services, respondent;
Frances R. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Gina R. (Anonymous).
Administration for Children's Services, respondent;
Frances R. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. B-15876-01, B-15877-01)

SCHEDULING ORDER

Appeal by Frances R. from an order of the Family Court, Queens County, dated December 6, 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 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 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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20329

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2005-00201
In the Matter of Maryanne Salamone-Finchum,
appellant, v Michael W. McDevitt, respondent.
(Docket Nos. V-2416-93, V-2267-99)

SCHEDULING ORDER

Appeal by Maryanne Salamone-Finchum from an order of the Family Court, Suffolk County, dated December 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20326

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2005-00188
In the Matter of Eric Shuster, appellant,
v Nadine Hoch, respondent.
(Docket No. F-00748/04)

SCHEDULING ORDER

Appeal by Eric Shuster from an order of the Family Court, Queens County, dated November 29, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20327

M/nal

2005-00194
In the Matter of Todd C. Stumpf, appellant,
v Marie Stumpf, respondent.
(Docket No. F-06682-04)

SCHEDULING ORDER

Appeal by Todd C. Stumpf from an order of the Family Court, Suffolk 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 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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20352

M/nal

2005-00186
In the Matter of Douglas Z. Winokur, appellant,
v Jill Winokur, respondent.
(Docket No. F-00231-02)

SCHEDULING ORDER

Appeal by Douglas Z. Winokur from an order of the Family Court, Westchester County, dated November 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19487

A. GAIL PRUDENTI, P.J.

2004-09580
The People, etc., plaintiff,
v Derrick Bell, defendant.
(Ind. No. 10851/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 4, 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.

A. GAIL PRUDENTI

Presiding Justice

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Appellate Division: Second Judicial Department

M20385

S/sl

2003-02712

The People, etc., respondent,
v Arthur Blanco, appellant.

(Ind. No. 02-00554)

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 judgment of the Supreme Court, Westchester County, rendered November 21, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before February 3, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M20334

ROBERT A. LIFSON, J.

2004-10872
The People, etc., plaintiff,
v Tona Fajemisin, defendant.
(Ind. No. 9894/99)

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 October 7, 2004, which has been referred to me for determination.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

ROBERT A. LIFSON

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M19488

A. GAIL PRUDENTI, P.J.

2004-09922
The People, etc., plaintiff,
v Philip Gibbs, defendant.
(Ind. No. 4644/97)

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, Queens County, dated October 27, 2004, which has been referred to me for determination.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

A. GAIL PRUDENTI

Presiding Justice

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Appellate Division: Second Judicial Department

M20246

C/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2002-05397
The People, etc., respondent,
v Jeffrey Keys, appellant.
(Ind. No. 7320/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge his time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 5, 2002.

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 supplemental brief previously submitted to this court by the appellant pro se is accepted for filing.

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20402

S/sl

2001-10662

The People, etc., respondent,
v Lamar Means, appellant.
(Index No. 509/00)

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 of the Supreme Court, Kings County, rendered November 28, 2001.

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

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Appellate Division: Second Judicial Department

M20401

S/sl

2003-00391

The People, etc., respondent,
v Tremaine Patterson, appellant.
(Ind. No. 2134/02)

ORDER ON APPLICATION

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20333

PL/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

DAVID S. RITTER

DANIEL F. LUCIANO, JJ.

2001-02832
The People, etc., respondent,
v Rakim Smith, a/k/a Rha-Kim Smith,
appellant.
(Ind. No. 3917/98)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 29, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent, in effect, for leave to reargue that branch of the appellant's prior pro se motion which was pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered March 29, 2000, which was determined by decision and order on motion of this court dated May 8, 2001.

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 upon reargument, this court's decision and order on motion dated May 8, 2001, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered March 29, 2000, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to extend the time to take the appeal is granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (2) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction

PRUDENTI, P.J., ADAMS, RITTER and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M20405

Y/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2004-10266
The People, etc., respondent,
v Tony Wilson, appellant.
(Ind. No. 1947/99)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Queens County, dated November 3, 2004. By order to show cause dated December 3, 2004, the appellant or his counsel was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable by right or by permission, by filing an affirmation or affidavit on that issue in the office of the Clerk of this court on or before December 27, 2004.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed (see CPL 450.10, 450.15).

COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M20335

HOWARD MILLER, J.

2004-10617
The People, etc., plaintiff,
v Jeffrey Young, defendant.
(Ind. No. 6163/88)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 7, 2001, 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.

HOWARD MILLER

Associate Justice