APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6352
L/
|
2003-08698 Lekan Adeniran, respondent, v Perry & Andrews, Inc., et al., appellants. (Index No. 19925/01)
| 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 June 20, 2003.
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ORDERED that the application is granted and the appeal is marked withdrawn.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
M6319
PL/sl
|
2003-05269 Samuel Amachee, respondent, v John Ram Mohamed, et al., appellants, et al., defendants. (Index No. 35736/99)
| 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, Kings County, dated March 25, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 6, 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
M6314
PL/sl
|
2003-04343 Andrzej Banasiak, plaintiff, v 1050 Fifth Avenue, Inc., et al., defendants, AM&G Waterproofing Inc., defendant third-party plaintiff-respondent; Z&B Construction Corp., third-party defendant-appellant. (Index No. 75380/02 )
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 29, 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
M6356
L/
|
2003-08408 Olga Blank, et al., respondents, v Joshua Gutterman, appellant. (Index No. 13930/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Richmond County, dated September 8, 2003.
Upon the stipulation of the parties, dated December 9, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6294
S/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-08617
Harvey Cameron, et al., appellants, v Nissan 112 Sales Corp., et al., respondents. (Index No. 28922/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Nissan 112 Sales Corp. to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 2, 2003, insofar as asserted against it on the ground that the appellants are precluded from raising certain issues, and separate motion by the respondent Daimler Chrysler Corporation to dismiss the appeal insofar as asserted against it on the ground that it is not a proper respondent on the appeal. Cross application by the appellants to withdraw the appeal insofar as asserted against Daimler Chrysler Corporation.
Upon the papers filed in support of the motions and the application and the papers filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal insofar as asserted against Daimler Chrysler Corporation is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion by Daimler Chrysler Corporation is denied as academic; and it is further,
ORDERED that the motion by Nissan 112 Sales Corp. is denied.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6316
J/sl
|
2003-02755 ORDER ON APPLICATION Chateau Rive Corporation, respondent- appellant, v Enclave Development Associates, appellant-respondent.
(Index No. 18807/93)
|
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated February 10, 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
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6299
S/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-01520 Jyoti Chittur, et al., respondents, v Common Elements Administration, Inc., appellant. (Index No. 10751/00)
| DECISION & ORDER ON MOTION Motion to Withdraw Appeal |
Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 9, 2002.
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 the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6343
L/
|
2003-04366 Jason Colucci, appellant, v Gateway Cathedral, respondent. (Index No. 27455/99)
| 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 March 12, 2003.
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
M6305
S/sl
|
2003-05773 Valerie Cowen-Gouskos, etc., respondent, v Prem C. Chatpar, etc., appellant. (Index No. 9026/97)
| 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, Suffolk County, entered June 16, 2003.
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.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6302
S/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2002-03702
Maria Cruz, appellant, v City of New York, respondent.
(Index No. 11333/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, dated December 31, 2002, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2002 Calendar", as dismissed an appeal from an order of the Supreme Court, Richmond County, dated February 26, 2002, 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.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6273
J/sl
|
2003-05228 Katherine DeLaurenzo, appellant, v Bruce J. Nadler, etc., respondent. (Index No. 13545/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated May 2, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 23, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6272
J/sl
|
2003-03838 Dilworth & Barrese, LLP, et al., respondents, v David M. Carter, et al., appellants, et al., defendants. (Index No. 1754/02)
| 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, Nassau County, dated March 7, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 28, 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
M6308
S/sl
|
2003-04661 Kathryn Erickson, appellant, v JIB Realty Corporation, et al., respondents. (Index No. 29948/00)
| 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, Queens County, dated May 8, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 26, 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
M6353
L/
|
2003-07725 Josephina A. Frias, et al., respondents, v Village of Port Chester, defendant, David Alvarez, Jr., et al., appellants. (Index No.9685/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated August 1, 2003.
Upon the stipulation of the parties, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6307
E/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-09543 Lori Grossman, respondent, v Gary Grossman, appellant. (Index No. 1722/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Orange County, dated September 28, 2001, in effect, for summary reversal on the ground that certain transcripts of the minutes of the trial cannot be obtained, or, in the alternative, to deem the transcripts of the minutes previously filed with the Clerk of this court to be sufficient for appellate review of the issues raised on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to deem the transcripts of the minutes previously filed to be sufficient for appellate review of the issues raised on appeal is granted; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6354
L/
|
2003-02568 Home Savings of America, FSB, f/k/a Home Savings of America, F.A., respondent, v Izak Fremd, appellant, et al., defendants. (Index No. 22313/95)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated February 4, 2003.
Upon the stipulation of the parties, dated December 19, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6355
L/
|
2003-05999 Mariel Horn, etc., et al., respondents, v Timothy Brown, etc., et al., appellants, Craig Linder, etc., et al., defendants. (Index No. 17534/01)
| 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 June 18, 2003.
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
M6357
L/
|
2002-00218 Chinwe Ifeoma, etc., respondent, v Jack Elo, appellant. (Index No. 23059/97)
| 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 November 16, 2001.
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
M6293
S/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-04252 Michael F. Kallon, appellant, v Henry R. Lamaute, etc., et al., respondents.
(Index No. 21328/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, dated April 30, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal, and cross motion by the respondents to dismiss the appeal on the ground, among others, that the appendix is inadequate.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is denied on condition that on or before February 20, 2004, the appellant settle the transcript of the trial of the above entitled action pursuant to CPLR 5525, and serve and file a supplemental appendix containing the settled trial transcript; and it is further,
ORDERED that the motion is denied with leave to renew upon the filing of the supplemental appendix.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6331
C/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-02202, 2003-04991, 2003-07797
James L. Kapsis, appellant, v Michael S. Peragine, et al., respondents. (Index No. 13623/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all discovery in the above-entitled action pending the hearing and determination of appeals from three orders of the Supreme Court, Nassau County, entered March 12, 2003, April 22, 2003, and July 24, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6266
J/sl
|
2003-02904 Jacqueline M. Kentish, appellant, v Lisa A. Geanacopoulos, a/k/a Lisa A. Basile, et al., respondents. (Index No. 23515/99)
| ORDER ON APPLICATION |
Application by the respondent Lisa A. Geanacopoulos a/k/a Lisa A. Basile pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated March 24, 2003.
ORDERED that the application is granted and the time of the respondent Lisa A. Geanacopoulos a/k/a Lisa A. Basile to serve and file a brief is enlarged until February 4, 2004, and that respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief in response to the respondents' respective briefs, if any, shall be served and filed on or before February 19, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6346
L/
|
2003-07409 Jeffrey Krebs, et al., appellants, v Joseph K. Rogers, etc., et al., respondents. (Index No. 16644/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester county, dated July 18, 2003.
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
M6234
O/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-08911 Sierra Monee Llanos, et al., respondents, v Good Samaritan Hospital Medical Center, et al., defendants, Ilene S. Gewirtz, appellants. (Index No. 13268/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated August 22, 2003, and application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and 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; and it is further,
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6311
S/sl
|
2003-08354 ORDER ON APPLICATION Joseph Lombardi, et al., respondents, v Michael H. Hall, etc., et al., appellants.
(Index No. 49721/02)
|
Application by the appellants 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 12, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6296
S/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2003-02194 Lillian Manney, appellant, v GE Medical Systems, respondent. (Index No. 8533/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, dated January 30, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6312
S/sl
|
2003-04363 Candy Medina, respondent, v City of New York, appellant. (Index No. 3384/96)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered April 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 6, 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
M6304
S/sl
|
2003-05898 ORDER ON APPLICATION Jacqueline Morse, et al., appellants, v K/A Mieka, Inc., et al., respondents. (Index No. 011450/01)
|
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, Nassau County, dated May 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 30, 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
M6328
S/sl
|
2003-02666 ORDER ON APPLICATION Jacqueline Muneeb, et al., appellants, v Qi-Ziong Cen, et al., respondents.
(Index No. 2336/99)
|
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, entered February 27, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 14, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6309
PL/sl
|
Nissequ Yacht Clu
| 2003-03358 ORDER ON APPLICATION ogue Boat Club, n/k/a Nissequogue b, et al., appellants, v State of New York, et al., respondents. (Index No. 30400/02) |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 7, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 14, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6288
S/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-02690 Nihad Owaid, etc., appellant, v Allstate Insurance Company, respondent. (Index No. 28487/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 2, 2003, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that on the court's own motion the stay of the trial in the above-entitled action which was granted by decision and order on motion of this court, dated April 4, 2003, is vacated forthwith.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6320
PL/sl
|
2003-05860 Linda Quinteros, et al., appellants, v Carlos Fernandez, et al., respondents. (Index No. 14470/00)
| 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, Kings County, dated May 8, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 27, 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
M6262
E/sl
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-05695, 2003-11008 Anthony M. Roberts, plaintiff-respondent- appellant, v Worth Construction, Inc., defendant third-party and second third-party plaintiff- respondent; I.T.R.I. Masonry Corp., et al., third-party defendants appellants-respondents; New Rochelle Contracting Corp., second third- party defendant-appellant-respondent, Insurance Corporation of New York, etc., et al., second third- party defendants-respondents. (Appeal No. 1) Anthony M. Roberts, plaintiff-respondent, v Worth Construction, Inc., defendant third- party and second third-party plaintiff-respondent; I.T.R.I. Masonry Corp., et al., third-party defendant- appellant; New Rochelle Contracting Corp., second third-party defendant-respondent, et al., second third- party defendants. (Appeal No. 2) (Index No. 2535/99)
| DECISION & ORDER ON MOTION |
Motion by New Rochelle Contracting Corp., the second third-party defendant-appellant-respondent in Appeal No. 1, to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Dutchess County, dated May 27, 2003, and an appeal from an order of the same court dated October 22, 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 trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeals.
RITTER, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6345
L/
|
2003-06536 Evlin Saunders, appellant, v New York City Transit Authority, et al., respondents, Vilnia Bowie, et al., defendants. (Index No. 6447/02)
| 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 May 21, 2003.
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
M6306
S/sl
|
2003-01896, 2003-02144 ORDER ON APPLICATION Gregory V. Serio, respondent, v United States Fire Insurance Company, et al., appellants, et al., defendants.
(Index No. 3407/02)
|
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, dated June 18, 2002, and December 16, 2002, respectively.
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
M6310
S/sl
|
2003-03806, 2003-03807 George Simpson, et al., appellants, v Cook Pony Farm Real Estate, Inc., et al., respondents. (Index No. 31848/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 21, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 30, 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
M6344
L/
|
2003-04498 Andrea Spano, et al., appellants, v Baldo Bertocci, defendant, Esther Baldinger, respondent. (Index No. 24352/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated June 4, 2003.
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
M6347
L/
|
2003-08273 Squadron LLC, et al., respondents, v Jay Knopf, et al., appellants. (Index No. 2407/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 12, 2003.
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
M6284
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2002-09305
William Tapinekis, et al., respondents, v New York Racing Association, Inc., f/k/a Greater New York Association, Inc., appellant.
(Index No. 11831/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, dated September 4, 2003, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - June 2003 Calendar", as dismissed an appeal from an order of the Supreme Court, Kings County, dated August 12, 2002, 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.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6358
L/
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2003-05330, 2003-05331 Trataros Construction, Inc., plaintiff- respondent, v Town of Orangetown, appellant, Fellows, Read & Associates, et al., defendants- respondents (and a third-party action). (Index No. 3564/96)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Rockland County, dated January 22, 2001, and May 5, 2003, respectively.
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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6342
L/
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2003-09502 US Bank National Association, respondent, v Eric Rose, et al., appellants, Fleet Bank, et al., defendants. (Index No. 19460/02)
| 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 September 22, 2003.
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
M6348
L/
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2003-08049 Wei Fan Wu, respondent, v Dai Hing Wong Corporation, appellant. (Index No. 16707/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 7, 2003.
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
M6297
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ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-06085
In the Matter of Travis A. (Anonymous). Administration for Children's Services, respondent; Charise A. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-14046-98) In the Matter of Jamal A. (Anonymous). Administration for Children's Services, respondent; Charise A. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-14048-98)
| DECISION & ORDER ON MOTION |
Appeal by Charise A. from an order of the Family Court, Queens County, dated June 11, 2003. By decision and order on motion of this court dated October 9, 2003, those branches of the appellant's motion which were for leave to prosecute the appeal as a poor person and for the assignment of counsel were denied, with leave to renew on or before November 5, 2003. The appellant did not renew her motion. By order to show cause dated December 2, 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 the decision and order on motion of this court dated October 9, 2003.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated October 9, 2003.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6300
E/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-06616 In the Matter of Charmaine Freels, respondent, v Charles E. Freels, Jr., appellant. (Docket No. F-4172/01)
| DECISION & ORDER ON MOTION |
Appeal by Charles E. Freels, Jr. from an order of the Family Court, Suffolk County, dated June 18, 2003. By order to show cause dated November 25, 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 action for failure to comply with a scheduling order dated September 18, 2003, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.
Now, on the court's own motion, the papers filed in support of the application, and the papers filed in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the order to show cause is denied as academic.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6317
S/sl
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2003-05907 In the Matter of Tiffany Gittens, appellant, v Motor Vehicle Accident Indemnification Corporation, respondent. (Index No. 4831/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 16, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 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
M6330
Y/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-07537 In the Matter of Marianne Mason, respondent, v Steve P. Travis, appellant. (Docket No. F-397/03, F-398/03)
| DECISION & ORDER ON MOTION |
Appeal by Steven P. Travis from an order of the Family Court, Westchester County, dated August 21, 2003. By order to show cause dated December 1, 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 26, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated September 26, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until February 3, 2004.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6274
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2003-03898 In the Matter of Stephen L. O'Brien, respondent, v Eliot Spitzer, etc., appellant. (Index No. 28900/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 17, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6329
C/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-11003 In the Matter of Kristen Rowen, appellant, v William Rowen, respondent. (Docket Nos. V-03703/02, V-03704/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to suspend all in-person and telephone contact between the respondent and the parties' children pending the hearing and determination of an appeal from a purported order of the Family Court, Dutchess County, dated December 10, 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, as the purported order is not an appealable paper (see CPLR 5701, 5704); and it is further,
ORDERED that the motion is denied as academic.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6295
E/sl
ROBERT W. SCHMIDT, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-02506
In the Matter of Raymond P. Wirth, deceased. Drexel University, appellant; Estate of Mary Ann Wirth, et al., respondents. (File No. 316221)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decree of the Surrogate's Court, Nassau County, dated January 31, 2003, for leave to serve and file a supplemental record on appeal and to correct the recital paragraph of the decree.
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 serve and file a supplemental record on appeal is granted and on or before January 26, 2004, the appellant shall serve and file a supplemental record on appeal containing the following material:
(1) lower court citation dated February 25, 2002;
(2) appellant's motion for summary judgment dated September 11, 2002;
(3) final page of the affirmation of Lawrence T. Jones dated September 25, 2002;
(4) first page of the affidavit of Charles Gutekunst dated September 23, 2002;
(5) letter of Scott R. Johnston dated October 7, 2002;
and it is further,
ORDERED that the branch of the motion which is to correct the recital paragraph of the decree is denied without prejudice to seeking this relief in the Surrogate's Court.
SCHMIDT, J.P., TOWNES, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6298
S/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-06644
The People, etc., respondent, v Oral Eastman, appellant. (Ind. No. 92/03)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered July 9, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit explaining in detail the amount and source of counsel fees paid to retained counsel, and the source of the money used to post his bail, and if the bail was the appellant's own money, what happened to the same after conviction.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5843
F/
HOWARD MILLER, J.
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2003-08143 The People, etc., plaintiff, v Edward Gladden, defendant. (Ind. No. 2664/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 21, 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.
HOWARD MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6301
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2001-02163
The People, etc., respondent, v Juan Gomez, appellant. (Ind. No. 1640/99)
| 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, Westchester County, rendered January 10, 2001, and to enlarge the judgment roll to include certain trial exhibits and certain other material.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which it to enlarge time is granted, and the appellant's supplemental pro se brief shall be served and filed on or before February 15, 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; and it is further,
ORDERED that the branch of the motion which is to enlarge the judgment roll to include certain trial exhibits is denied as unnecessary; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6240
O/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-10148 The People, etc., respondent, v Wilnerson Occelin, appellant. (Ind. No. 8583/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered September 3, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in 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
M6287
S/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-03309
The People, etc., respondent, v John Rucker, appellant. (Ind. No. 11118/01 )
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered March 24, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk