APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6711
C/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-10306, 2003-01174
Deborah Bothe, appellant, v Hank Ross, etc., et al., defendants, Vytra Healthcare, respondent.
(Index No. 23244/99)
| DECISION & ORDER ON MOTION |
Motion by the New York Health Plan Association, Inc., for leave to file an amicus curiae brief on appeals from an order and a judgment of the Supreme Court, Nassau County, entered October 22, 2002, and November 26, 2002, 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 it is further,
ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before January 27, 2004; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6695
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-08221 Juana Cacsire, appellant, v Aparicio Cacsire, respondent. (Index No. 2057/01)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a decision of the Supreme Court, Westchester County, dated August 15, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal in the above-entitled action is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp.,100 AD2d 509).
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6761
CF/
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2003-09603 Anthony Camberari, et al., respondents, v Rima Spielman, etc., appellant. (Index No. 6497/01)
| 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 September 17, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6769
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-03826, 2001-08673 Rivka Cohen, et al., plaintiffs-respondents, v City of New York, defendant, Hand's Realty Corp., et al., appellants.
(Index No.20726/92)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Queens County, dated February 15, 2002, and July 16, 2001.
Upon the stipulation of the attorneys for the respective parties, dated January 8, 2003, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6777
CF/
|
2003-09162 Kevin Cunningham, et al., respondents, v Kelly Ann Neeb, appellant. (Index No. 17080/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated September 18, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6745
S/sl
|
2003-06007 Henry Derenoncourt, respondent, v Mireille Derenoncourt, appellant. (Index No. 203103/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 11, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 10, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6744
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-11102 Elias M. Gregorio, plaintiff-respondent, v J.M. Dennis Construction Company Corp., defendant first and second-third-party plaintiff- appellant; General Concrete Construction, Inc., third-party defendant; Utica Mutual Insurance Company, second third-party defendant- respondent. (Index No. 4977/00)
| 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, Suffolk County, dated November 18, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6751
S/sl
|
2003-07993 Rosemary Habura, respondent, v Austin Drugs of East Meadow, Inc., appellant. (Index No. 1387/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 31, 2003.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until January 22, 2004, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, shall be served and filed on or before February 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6754
CF/
|
2003-06838 Gabriel Hasso, appellant, v Randal Paster, et al., respondents. (Index No. 11040/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 30, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6763
CF/
|
2003-10168 Judith M. Hirschman, respondent, v Jason W. Guiliano, et al., defendants, Continental Hosts, Ltd., d/b/a Fountainhead Caterers, appellant. (Index No. 11075/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6759
CF/
|
2003-06358 LSJC, Inc., et al., appellants, v Robert J. Miller, respondent. (Index No. 18377/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 30, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6747
S/sl
|
2003-04352 Israel Maldonado, etc., et al., appellants, v Olympia Mechanical Piping and Heating Corp., et al., respondents. (Index No. 38454/01)
| ORDER ON APPLICATION |
Application by the respondents Olympia Mechanical Piping and Heating Corp., and Lumbermens Mutual Casualty Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Kings County, dated March 31, 2003.
ORDERED that the application is granted and the movants' briefs which were submitted to the Clerk of this court are accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6698
C/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-02537 Howard G. McCunn, et al., plaintiffs, v Natale Nick Stropoli, et al., defendants. (Index No. 17591/99)
| DECISION & ORDER ON MOTION |
Motion by the defendant, Natale Nick Stropoli, in effect, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2001 Calendar," dated November 15, 2001, as dismissed an appeal from an order of the Supreme Court, Suffolk County, dated January 22, 2001, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, 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 denied, with $100 costs to the plaintiffs.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6760
CF/
|
2003-07815 Eugene Miller, respondent, v Greenpoint Associates, et al., appellants. (Index No. 11364/01)
| 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 August 4, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6773
L/
|
2003-10161 Nationwide Mutual Insurance Company a/s/o Nan Schiff, et al., respondents, v Judlau Contracting, Inc., defendant-third-party plaintiff-respondent, City of New York, defendant-respondent; Buzzetta Construction Corp., third-party defendant-appellant. (Index No.26740/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated June 10, 2003.
Upon the stipulation of the parties, dated January 7, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6758
CF/
|
2003-06850 Alan Nobile, et al., respondents, v Mystic Warrior, appellant. (Index No. 11168/01)
| 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 July 3, 2002.
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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6696
C/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-08268 Arnie Paglia, respondent, v Raymond A. Pisanello, et al., appellants. (Index No. 9322/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, entered August 27, 2003, pending the hearing and determination of an appeal therefrom.
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.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6738
PL/sl
|
2003-04685 Charleen Anne Palumbo, respondent, v Robert Palumbo, appellant. (Index No. 24096/97)
| 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, Nassau County, dated April 1, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6767
CF/
|
2003-07363 Juvondi R. Pender, appellant, v Liberty Auto Collision, et al., respondents. (Index No. 11396/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 16, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6743
S/sl
|
2003-05918 Gerard L. Petrosino, et al., respondents, v J. A. Bonilla Vasquez, appellant. (Index No. 28985/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 23, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 9, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6739
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-03372 Port Jefferson Obstetrics & Gynecology, P.C., et al., appellants, v Thomas Erhart, et al., respondents. (Index No. 14969/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 6, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 1, 2004, 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.
RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6740
S/sl
|
2003-08442
Fidelio Rodriguez, et al., respondents, v Metropolitan Property & Casualty Insurance Company, appellant.
(Index No. 3735/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated August 5, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 16, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6753
CF/
|
2003-05214 Senauth Rustum, et al., appellants, v Frederick A. Perdue, respondent. (Index No. 11097/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 11, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6752
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05409
S.K. Mortgage Holdings Limited Partnership, respondent, v Vincent Subirats, et al., appellants, et al., defendants. (Index No. 19238/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants pro se to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, entered May 6, 2003.
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 appellants' time to perfect the appeal is enlarged until March 22, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6755
CF/
|
2003-08797 St. Johnland Nursing Home Center, Inc., respondent, v Jeffrey Schulman, appellant. (Index No. 3465/03)
| 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 September 9, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6756
CF/
|
2003-08399 Anne E. Stoop, et al., respondents, v Duqiung Ziao, et al., appellants. (Index No. 3146/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 20, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6778
CF/
|
2003-04608 U-Stor Federal, LLC, respondent, v American Ecoboard, Inc., appellant (and a third-party action). (Index No. 24980/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated March 21, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6774
L/
MYRIAM J. ALTMAN, J.P.
NANCE E. SMITH
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2001-06121 Carole Wasserman, plaintiff-respondent, Application to Withdraw Appeal v City of New York, defendant-respondent, Columbia 160 Apts. Corp., appellant-respondent, Regional Scaffold and Hoisting Company, Inc., respondent-appellant, et al., defendant. (Index No. 41387/94)
| DECISION & ORDER ON APPLICATION |
Separate applications by the appellant-respondent and respondent-appellant for leave to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 4, 2001.
Upon the papers filed in support of the applications, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
January 13, 2004
WASSERMAN v CITY OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6775
L/
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2002-03331 Carole Wasserman, respondent, v City of New York, et al., defendants, Columbia 160 Apts. Corporation, appellant. (Index No. 41387/94)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 25, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6762
CF/
|
2003-10130 Debra Weissman, appellant, v Ronald Weissman, respondent. (Index No. 7453/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 25, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6768
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-08072 In the Matter of Brianna (Anonymous). Karen A. - R. (Anonymous), et al., respondents; Mark A. (Anonymous), appellant. (Docket No. A-207/02)
| DECISION & ORDER ON MOTION |
Appeal by Mark A. from an order of the Family Court, Suffolk County, dated August 5, 2003. By order to show cause dated December 12, 2003, 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 October 9, 2003, issued pursuant to 22 NYCRR 670.4(a).
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, without costs or disbursements, for failure to comply with the scheduling order dated October 9, 2003 (see 22 NYCRR 670.4[a][5]).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6036
M/mv
|
2003-10386 In the Matter of Ronald A. (Anonymous), respondent; Corporation Counsel of City of New York, appellant. (Docket No. D-22889/03)
| SCHEDULING ORDER |
Appeal by the Presentment Agency from an order of the Family Court, Kings County, dated October 24, 2003. 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M6776
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
DANIEL F. LUCIANO, JJ.
|
2002-06435 In the Matter of Crown Communication New York, Inc., petitioner-plaintiff-appellant, v Department of Transportation of the State of New York, respondent- defendant-appellant, City of New Rochelle, et al., respondents-defendants-respondents; James Cavanaugh, etc., intervenor-respondent. (Matter No. 1) (Index No. 7863/01) In the Matter of Crown Communication New York, Inc., petitioner-plaintiff-appellant, v Department of Transportation of the State of New York, respondent-defendant-appellant, City of New Rochelle, et al., respondents-defendants-respondents. (Matter No. 2) (Index No. 9166/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents-defendants-respondents, inter alia, for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 20, 2003, which determined an appeal from an order of the Supreme Court, Westchester County, entered July 2, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6772
L/
DANIEL F. LUCIANO, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-04350 In the Matter of Eagle Insurance Company, appellant, v Evelyn Morel, et al., respondents- respondents, et al., proposed additional-respondent, Government Employees Insurance Company, proposed additional-respondent-respondent.
(Index No. 21270/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 3, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 9, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
LUCIANO, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6737
O/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2003-09591 In the Matter of Katlynn G. (Anonymous), etc. Department of Social Services, respondent; Jeannette M. Brigandi, appellant. (Docket Nos. B-8431-03, N-1783-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Suffolk County, entered September 20, 2003, 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.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5229
M/mv
|
2003-00481, 2003-00483 In the Matter of Nicole Knight, et al., respondents, v Christopher Griffith, appellant. (Proceeding No. 1) (Docket No. V-09410-02) In the Matter of Nicole Knight, et al., respondents, v Cheryl D. Griffith, appellant. (Proceeding No. 2) (Docket No. V-16275-02)
| SCHEDULING ORDER |
Appeals by Christopher Griffith from a judgment of the Family Court, Kings County, dated November 22, 2002, and an order of the same court, dated November 22, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated March 21, 2003, in the above-entitled proceedings is amended to provide 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 the brief on the appeals is enlarged until February 17, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5196
M/mv
|
2003-05442, 2003-08410 In the Matter of Jose Andres M. (Anonymous). Forestdale, Inc., respondent; Jose M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Juan Jose M. (Anonymous). Forestdale, Inc., respondent; Jose M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-12348-99, B-12349-99)
| SCHEDULING ORDER |
Appeals by Jose M. from two orders of the Family Court, Queens County, both dated May 6, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 14, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed on or before February 13, 2004.
ENTER:
James Edward Pelzer
Clerk
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
M6265
M/mv
|
2003-10811 In the Matter of Cindy Sarah R. (Anonymous). Administration for Children's Services, respondent; Daisy R. (Anonymous), a/k/a Daisy L. (Anonymous), appellant. (Docket No. B-3854/02)
| SCHEDULING ORDER |
Appeal by Daisy R., a/k/a Daisy L. from an order of the Family Court, Richmond County, dated November 6, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M6724
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-01932
In the Matter of Suzuki Capital Funding, Ltd., etc., et al., respondents, v Taesoo Park, et al., appellants (and a related action). (Index No. 9833/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 24, 2003, and to enlarge the appellants' time to serve and file their reply brief.
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 respondents' time to serve and file a brief is enlarged until January 21, 2004, and the respondents' 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 reply brief, if any, shall be served and filed on or before February 11, 2004.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6757
CF/
|
2003-07165 In the Matter of Reuben Vabner, appellant, v Veronique Pozner, respondent. (Docket No. V-6988/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant pro se to withdraw an appeal from an order of the Family Court, Westchester County, dated July 9, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6453
M/mv
|
2004-00035 In the Matter of Christopher W. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Destiny R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Michael R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent (Proceeding No. 3) (Docket Nos. NN-3669/03, NN-3670/03, NN-3671/03)
| SCHEDULING ORDER |
Appeal by Kathleen W. from an order of the Family Court, Orange County, dated October 31, 2003. 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
(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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M6693
C/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2003-10639 In the Matter of Susan Walsh, petitioner, v Robert H. Pagliaro, respondent. (Docket Nos. V-6037-03, V-6038-03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, inter alia, for leave to appeal to this court from an order of the Family Court, Orange County, dated November 24, 2003, and to direct that the respondent have only supervised visitation with the parties' minor children.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6748
PL/sl
|
2003-06301 In the Matter of Steven Wolff, et al., appellants, v Brewster Central School District, et al., respondents. (Index No. 513/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated June 9, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 10, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6448
M/mv
|
2003-10500, 2003-10502, 2003-10503, 2003-10504 In the Matter of Jane Zullo, respondent, v George Hom, appellant. 2003-04397 In the Matter of George Hom, appellant, v Jane Zullo, respondent. 2003-08487 In the Matter of Nassau County Department of Social Services, o/b/o Jane Zullo, respondent, v George Hom, appellant. (Docket No. F-3296-96)
| SCHEDULING ORDER |
Appeals by George Hom from three orders of the Family Court, Nassau County, dated April 3, 2003 (Appellate Division Docket No. 2003-04397), July 31, 2003 (Appellate Division Docket No. 2003-08487), November 6, 2003 (Appellate Division Docket No. 2003-10500), and three orders of the same court, all dated November 10, 2003 (Appellate Division Docket Nos. 2003-10502, 2003-10503, 2003-10504). The appellant's brief was filed in the office of the Clerk of this court on January 2, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that 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
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
M6708
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-04780 The People, etc., respondent, v Frederick Bembury, a/k/a Frederick Bembry, appellant. (Ind. No. 5887/00)
|
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 8, 2003, in the above-entitled case is amended by deleting from the caption therof the words "Ind. No. 5587/00" and substituting therefor the words "Ind. No. 5887/00".
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6322
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
1998-04268 DECISION & ORDE The People, etc., respondent, (Ind. No. 97-00308)
| R ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel John Bernardez, appellant. |
The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Rockland County, rendered April 14, 1998, was granted on October 8, 2002. The following named attorney was assigned to prosecute the appeal:
David J. Rynkowski, Esq.
50 Sherwood Avenue
Rensselaer, New York 12144
On the court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Martin E. Gotkin, Esq.
P.O. Box 74
Palisades, New York 10964
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 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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
98 A 2521
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6729
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-11005 The People, etc., respondent, v Kasiem Callender, appellant.
(Ind. No. 02-00008)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 20, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02 A 6389
Upstate Corr. Fac.
Box 2001
Nalone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6410
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2001-01756 DECISION & ORDE The People, etc., respondent, (Ind. No. 99-00404)
| R ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel Oscar A. Cespedes, appellant. |
The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Rockland County, rendered May 31, 2000, was granted on October 9, 2002. The following named attorney was assigned to prosecute the appeal:
David J. Rynkowski, Esq.
50 Sherwood Avenue
Rensselaer, New York 12144
On the court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Martin E. Gotkin, Esq.
P.O. Box 74
Palisades, New York 10964
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 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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
00 A 3954
Bare Hill Corr. Fac.
Caller Box 20 - Cady Road
Malone, New York 12953
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6705
C/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-10031
The People, etc., respondent, v Rafael A. Cintron, appellant.
(Ind. No. 03-056)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Orange County, rendered July 14, 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.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6731
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-03569 v Mark Dell, appellant. (Ind. No. 3776/01)
| The People , etc., respondent, DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 8, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SMITH, J.P., GOLDSTEIN, LUCIANO, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 2248
Elmira Corr. Fac.
Box 500
Elmira, New York 14902
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6723
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-07054, 2002-07055, 2002-07056
The People, etc., respondent, v Joseph Fucci, appellant. (Ind. No. 01-00081, 01-00082, 01-00084)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel |
The appellant's motion to dispense with printing and for assignment of counsel on appeals from three judgments of the County Court, Rockland County, all rendered August 2, 2001, was granted on September 29, 2003. The following named attorney was assigned to prosecute the appeals:
David J. Rynkowski, Esq.
50 Sherwood Avenue
Rensselaer, New York 12144
On the court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeals is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeals:
Arlene Lewis, Esq.
60 So. Main Street
New City, New York 10956-3542
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 the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
01 R 3792
Clinton Corr. Fac.
Box 2002
Dannemora, New York 12929
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6709
C/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2001-04797 The People, etc., respondent, v Timothy Jackman, appellant. (Ind. No. 4116/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 23, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before March 19, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6159
F/
NANCY E. SMITH, J.
|
2003-08990
The People, etc., plaintiff, v Imtiaz Khan, defendant. (Ind. No. 2330/99)
| 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, Queens County, dated September 17, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
NANCY E. SMITH
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6734
F/
NANCY E. SMITH J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
1999-03701 The People, etc., respondent, v Laura Legale, appellant. (Ind. No. 2325/98)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered March 31, 1999.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
SMITH, J.P., GOLDSTEIN, LUCIANO, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6732
F/
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-10723 The People, etc., respondent, v Alexis Menna, appellant. (Ind. No. 9064/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 19, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered September 19, 2003.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO, and ADAMS,.JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6750
A/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2000-02458
The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until February 11, 2004, and the reply brief must be served and filed on or before that date.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6700
C/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2000-03753 The People, etc., respondent, v Winfred Taylor, appellant. (Ind. No. 2394/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered
April 12, 2000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before March 19, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6140
K/sl
NANCY E. SMITH, J.
|
2003-05844 The People, etc., plaintiff, v Roger Thompson, defendant. (Ind. No. 4005/90)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of his prior application 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 May 23, 2003, which was determined by me in a decision and order on application dated September 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
NANCY E. SMITH
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6730
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-11006 v Jamel Torres, appellant. (Ind. No. 2987/01)
| The People , etc., respondent, DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered November 20, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SMITH, J.P., GOLDSTEIN, LUCIANO, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
02 A 6511
Auburn Corr. Fac.
Box 618
Auburn, New York 13024
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6710
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
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2003-09722 The People, etc., respondent, v Michael Williams, a/k/a Cecil Hunt, appellant. (Ind. No. 01-00511)
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On the court's own motion, it is
ORDERED that its decision and order on motion dated December 16, 2003, in the above-entitled case is amended by deleting from the first paragraph therof the words "December 18, 2003" and substituting therefor the words "December 18, 2002".
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk