APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6831
J/sl
|
2003-08431 Bayberry Realties, etc., appellant, v Eastern Baptist Association of New York, Inc., et al., respondents. (Index No. 1466/01)
| ORDER ON APPLICATION |
Application by the respondent Eastern Baptist Association of New York, Inc. 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, Suffolk County, dated August 19, 2003.
ORDERED that the application is granted and the time of the respondent Eastern Baptist Association of New York, Inc., to serve and file a brief is enlarged until February 13, 2004, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6832
S/sl
|
2003-06568, 2003-06569, 2003-06570 Clayton Industries, Inc., appellant, v City of Newburgh, respondent. (Index No. 6570/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Orange County, dated May 28, 2003, an order and judgment (one paper) of the same court, dated May 28, 2003, and a judgment of the same court, entered July 5, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 15, 2004, and the record or appendix on the appeals 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
M6860
CF/
|
2003-06255 Carrie Coakley, et al., appellants, v Michael Jaffe, et al., respondents. (Index No. 8421/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M6850
S/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-07338
Claudette Denerville, etc., appellant, v Emmanuel Pierre Louis, respondent. (Index No. 10292/02)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Queens County, dated July 7, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6837
S/sl
|
2003-06528, 2003-06770 Michael Esposito, appellant, v Spa Nightclub, et al., respondents. (Index No. 9039/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated April 24, 2003, and June 16, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until May 6, 2004, and the record or appendix on the appeals 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
M5568
S/sl
|
2003-04803 Jeffrey Evans, et al., respondents, v William L. Chisolm, etc., et al., defendants, Oceanhill Brownsville Tenant Association, appellant. (Index No. 43002/01)
| 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, Kings County, dated April 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 13, 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
M6835
S/sl
|
2003-04344 405 44th Street Realty Co., respondent, v 168 Fortune Realty, Inc., et al., defendants; Naftoli Weber, nonparty-appellant. (Index No. 23960/01)
| 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, Kings County, dated April 1, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 11, 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
M6851
Y/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-11381 442 Decatur Street, LLC, appellant, v Spheres Realty, Inc., a/k/a Spheres Realty- Cross Fields Locale, respondent. (Index No. 53490/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated November 12, 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 granted and enforcement of the order dated November 12, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 17, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 17, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6849
C/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-07270 Patricia Hayes, etc., appellant, v County Bank, etc., respondent. (Index No. 2281/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 4, 2003, on the ground that the appeal is barred by the Federal Arbitration Act (see 9 USC § 16).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, without prejudice to the respondent raising the issue in its brief; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until March 9, 2004, and the appellant's time to serve and file a reply brief is enlarged until April 9, 2004.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6862
CF/
|
2003-07540 Anthony C. Kostioh, appellant, v Anne Puum, et al., respondents. (Index No. 32546/01)
| 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 May 29, 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
M6863
CF/
|
2003-07735 Lisa Lewis, appellant, v Robert Arbucci, et al., respondents. (Index No. 2123/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6829
C/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-09003 Divine Fayez Olabi, et al., appellants, v James Mayfield, Jr., et al., respondents. (Index No. 18090/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated October 3, 2003, inter alia, to enjoin the defendants and their agents from transferring or in any way encumbering the subject real property, and to stay all proceedings to evict the appellants from the subject real property.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6814
M/mv
|
2003-07418, 2003-07419 Stuart Patchen, respondent-appellant, v Margaret Patchen, appellant-respondent. (Index No. 16904/01)
| ORDER TO SHOW CAUSE |
Appeals by the defendant from two orders of the Supreme Court, Westchester County, dated July 1, 2003, and July 2, 2003, respectively, and cross-appeal by the plaintiff from the order dated July 2, 2003. On October 28, 2003, the appellant-respondent informed the court that there were no minutes to be transcribed. Pursuant to the scheduling order dated September 26, 2003, the parties were required to perfect the appeal and cross appeal by serving and filing a joint record on the appeals and the brief of the appellant-respondent on or before December 29, 2003. The parties have 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 appeals and the cross appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 26, 2003, 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 13, 2004; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6841
J/sl
|
2003-04883, 2003-06120, 2003-09876, 2003-09877 Stephanie Perell, respondent, v Clifford Krause, appellant. (Index No. 5586/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Westchester County, dated April 11, 2003, and three orders of the same court, one dated January 17, 2003, and two dated May 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 8, 2004, and the record or appendix on the appeals 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
M6864
CF/
|
2003-09631 Shirley Phillip, appellant, v Flynn Hill Elevator Co., Inc., et al., respondents. (Index No. 28525/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered October 2, 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
M6866
CF/
|
2003-06726 Janine Pipolo, respondent, v AICM Building Group of New York, Inc., defendant, Clearwater Pools Enterprises, Inc., et al., appellants. (Index No. 18086/02)
| 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 July 1, 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
M6861
CF/
|
2003-06456 Jose Ramos, respondent, v Hand Therapy Orthopedic Rehabilitation, et al., appellants. (Index No. 30751/00)
| 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 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
M6838
J/sl
|
2003-02416 Paul Tobias, plaintiff, v DiFazio Electric, Inc., et al., respondents; Whitson Food Service Corp, third third-party plaintiff-respondent, J.M. Dennis Construction Corp., third third-party defendant-appellant (and other third-party actions). (Index No. 24820/96)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Nassau County, dated January 15, 2003.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until February 17, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6833
S/sl
|
2003-05308, 2003-06738 Azhane Wise, et al., respondents, v Cyrus O. McCalla, appellant, et al., defendants. (Index No. 35110/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated April 24, 2003, and a judgment of the same court, dated July 1, 2003, and to enlarge the respondents' time to serve and file their brief, and his time to serve and file a reply brief.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 24, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents shall serve and file their brief on or before April 12, 2004, and the reply brief, if any, shall be served and filed on or before April 26, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6853
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-05204, 2003-05137
In the Matter of Elizabeth B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 1) (Docket No. N-2075-99) In the Matter of William B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 2) (Docket No. N-2076-99) In the Matter of Phillip B. (Anonymous). Suffolk County Department of Social Services, respondent; Philip B. (Anonymous), Sr., appellant. (Proceeding No. 3) (Docket No. N-2077-99)
| ORDER TO SHOW CAUSE |
Appeals by Phillip B., Sr., from two orders of the Family Court, Suffolk County, dated May 1, 2002, and May 5, 2003, respectively. By decision and order on motion of this court dated November 24, 2003, the appellant was granted leave to renew his motion for leave to prosecute the appeals as a poor person on or before December 23, 2003. The appellant has failed to do so. 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 appeals in the above-entitled proceedings 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 6, 2004; 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.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6827
F/
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-09321
In the Matter of Theresa Barton, appellant, v John Barton, respondent. (Docket Nos. V11566-03, O-13574-03, O-18752-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated October 9, 2003, 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 granted; and it is further,
ORDERED that the appeal 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 stenographer(s) and/or the transcription service(s) is/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 appeal, 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 appeal:
Richard Cardinale, Esq.
26 Court Street - #600
Brooklyn, New York 11242
(718) 624-9391
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.
KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6808
C/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-11310 In the Matter of Brianna C. (Anonymous). Administration for Children's Services, appellant; Edward C. (Anonymous), respondent. (Docket No. NN-20601/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of so much of an order of the Family Court, Queens County, dated December 24, 2003, as permitted the respondent Edward C. to reside with his wife and the subject child, to exclude Edward C. from the home of the subject child, and to allow only agency-supervised contact between Edward C. and the subject child pending hearing and determination of an appeal from the order.
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, pending the hearing and determination of the appeal, enforcement of so much of the order dated December 24, 2003, as permitted the respondent Edward C. to reside with his wife and the subject child is stayed, Edward C. is excluded from the home of the subject child, and Edward C. is only to have agency-supervised contact with the subject child, on condition that the appeal is perfected on or before March 15, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 15, 2004, 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 matter is remitted to the Family Court, Queens County, to determine the terms of the agency-supervised visitation between Edward C. and the subject child pending the hearing and determination of the appeal.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6848
F/
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-00140, 2003-00142
In the Matter of Joseph-Michael C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Dawn C. (Anonymous), appellant; et al., respondents. Counsel (Proceeding No. 1) In the Matter of Penelope-Lynn C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Dawn C. (Anonymous), appellant; et al., respondents. (Proceeding No. 2) (Docket Nos. B-5465-02, B-5466-02, B-5467-02, B-5468-02)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New - Family Court |
On the court's own motion, it is
ORDERED that counsel assigned to prosecute appeals from two orders of the Family Court, Suffolk County, dated December 2, 2002, and December 18, 2002, respectively, is relieved of the assignment and is directed to turn over all papers in action to new counsel herein assigned.
The appellant's motion for assignment of counsel was granted on March 21, 2003, and the following named attorney was assigned to prosecute the appeals:
Teresa Martin, Esq.
45 Gordon Avenue
West Babylon, New York 11704
and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeals:
Michael S. Bromberg, Esq.
44 Hampton Street
Box 2112
Sag Harbor, New York 11963
(631) 725-0641
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.
S. MILLER, J.P., H. MILLER, CRANE, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6736
M/mv
|
2002-04730 In the Matter of Evelyn Caraballo, respondent, v Samuel Colon, appellant. (Docket No. V-189/00)
| SCHEDULING ORDER |
Appeal by Samuel Colon from an order of the Family Court, Richmond County, dated April 11, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 9, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that 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 appeal, shall be served and filed.
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
M6852
S/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-06351
In the Matter of Chandler Enterprises, Inc., respondent-appellant, v Zoning Board of Appeals of Town of Oyster Bay, appellant-respondent. (Index No. 016618/02)
| DECISION & ORDER ON MOTION |
Application by the appellant-respondent 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 30, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal and cross appeal are dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[b][1]); and it is further,
ORDERED that the application is denied as academic.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6847
F/
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-09270
In the Matter of Hason Gibson, respondent, v Nakia Nolcox, appellant.
(Docket No. V-472-02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated September 2, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before January 29, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before February 19, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5890
M/mv
|
2003-05337
In the Matter of Harry Gross, appellant, v Miriam Gross, respondent. (Docket Nos. V-19337/98, V-19338/98, V-19339/98)
| SCHEDULING ORDER |
Appeal by Harry Gross from an order of the Family Court, Kings County, dated May 16, 2003. 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 November 24, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until February 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6816
F/
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-09737
In the Matter of Daniel Gutierrez, et al., respondents, v Maria Negron, appellant. (Docket Nos. V-6923-00, V-6924-00)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated September 29, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Kimberly M. Williams, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Todd Kadish, Esq.
1323 E. 15 th Street - 2B
Brooklyn, New York 11230
(718) 787-0172
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6807
F/
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-09737 In the Matter of Daniel Gutierrez, et al., respondents, v Maria Negron, appellant. (Docket Nos. V-6923-00, V-6924-00)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated September 29, 2003, and for leave to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal 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 stenographer(s) and/or the transcription service(s) is/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 appeal, 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 appeal:
Marsha E. Koretzky, Esq.
P.O. Box 943
Goshen, New York 10924
(845) 294-1611
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.
KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6828
F/
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-07932
In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. N-2440-02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Richmond County, dated August 27, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Jody Lynn Bahar, 356 New Dorp Lane, Staten Island, New York 10306, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Todd Kadish, Esq.
1323 E. 15th Street - 2B
Brooklyn, New York 11230
(718) 787-0172
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6846
F/
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-10902, 2003-10903, 2003-10904, 2003-10905
In the Matter of Female L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of Branchesko Shernovick L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Socrates L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Crystal V. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-1553-00, B-1554-00, B-1555-00, B-1556-00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from four orders of the Family Court, Queens County, all dated July 31, 2003, as a poor person, and for the assignment of counsel.
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 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 stenographer(s) and/or the transcription service(s) is/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:
Larry S. Bachner, Esq.
90-50 Parsons Boulevard - Suite 401
Jamaica, New York 11432
(917) 378-0176
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.
KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6845
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-06618
In the Matter of Garrett L. Mc. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Adrienne M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Jiordan M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Cindy N. (Anonymous), appellant; Robin M. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. B-816-03, B-818-03 B-820-03, B-822-03, B-823-03)
| ORDER TO SHOW CAUSE |
Appeal by Cindy N. from an order of the Family Court, Suffolk County, dated June 20, 2003. By order to show cause dated November 6, 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 September 2, 2003, issued pursuant to 22 NYCRR 670.4(a)(5). By decision and order on motion of this court dated December 4, 2003, the order to show cause was denied and the appellant's time to perfect the appeal was enlarged until January 5, 2004. The appeal has not been perfected.
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 proceedings for failure to comply with the decision and order on motion dated December 4, 2003, 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 January 31, 2004; 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.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6843
Y/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-02646, 2003-02648
In the Matter of Lazaurus P. (Anonymous). Administration for Children's Services, respondent; Silvano P. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-17731-97) 2003-02649, 2003-02650 In the Matter of Mercedes P. (Anonymous). Administration for Children's Services, respondent; Silvano P. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-17734-97)
| DECISION & ORDER ON MOTION |
Appeals by Silvano P. from four orders of the Family Court, Queens County, two dated September 30, 2002, and two dated March 19, 2003, respectively. By decision and order on motion of this court dated September 29, 2003, the appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel was denied with leave to renew, on or before November 13, 2003, upon the submission of proper papers establishing that he was entitled to poor person relief and was interested in pursuing the appeals. The appellant has not renewed that motion, and no steps have been taken to perfect the appeals.
Now, on the court's own motion, the papers filed in support of the order to show cause, and no papers having been filed in opposition thereto, it is
ORDERED that the appeals are dismissed as abandoned, without costs or disbursements.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6836
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-10357
In the Matter of Peter R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Docket No. N-16123/01) In the Matter of Matthew R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Docket No. N-16124/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 24, 2003, in effect, to amend so much of a prior decision and order on motion of this court dated December 10, 2003, as conditioned the grant of its motion to stay enforcement of the orders and to continue an order remanding the subject children to the appellant's care and custody under visitation to the respondents supervised by the appellant, upon perfection of the appeal by January 9, 2004.
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, in effect, to amend the prior decision and order on motion of this court dated December 10, 2003, is granted; and it is further,
ORDERED that the decision and order on motion of this court dated December 10, 2003, is amended by deleting from the second and third decretal paragraphs thereof the date "January 9, 2004," and substituting therefor the date "February 9, 2004".
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6834
F/
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-09664 In the Matter of Adonis Earl S. (Anonymous). Suffolk County Department of Social Services, respondent; Earl S. (Anonymous), appellant.
(Docket No. B-8720-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 3, 2003, as a poor person, and for the assignment of counsel.
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 appeal 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 stenographer(s) and/or the transcription service(s) is/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 appeal, 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 appeal:
Evan Tanenbaum, Esq.
801 Motor Parkway
Hauppauge, New York 11788
(631) 582-4000
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal 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 appeal is taken.
KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6840
Y/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-11088 In the Matter of Anthony S. Sadowski, Deceased. Joseph A.F. Sadowski, appellant; Josephine Buonocore, etc., et al., respondents. (Index No. 328030)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of a decree of the Surrogate's Court, Nassau County, dated September 22, 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 thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6830
F/
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-07284, 2003-07287, 2003-07289 In the Matter of Richard Wolf, et al., respondents, v Laura M. Rothman, appellant. (Proceeding No. 1) In the Matter of Jacob Goldstein, et al., respondents, v Laura M. Rothman, appellant. (Proceeding No. 2) In the Matter of Eugene Flink, et al., respondents, v Laura M. Rothman, appellant. (Proceeding No. 3) (Docket Nos. V-022642-00, V-022643-00, V-022644-00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from an order of the Family Court, Kings County, dated June 16, 2003, and two orders of the same court, both dated June 17, 2003, 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 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 stenographer(s) and/or the transcription service(s) is/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 appeal, 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:
Robert J. Marinelli, Esq.
50 Court Street - #506
Brooklyn, New York 11201
(718) 624-9391
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.
KRAUSMAN, J.P., TOWNES, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk