Appellate Division: Second Judicial Department
M20588
Y/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-09951 Accounts Receivable Solutions, Inc., et al., respondents, v Parrino and Mateo Chiropractic, P.C., et al., appellants. (Index No. 1876/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to vacate the stay of enforcement of an order of the Supreme Court, Putnam County, dated November 12, 2004, and the stay of an inquest on damages, which had been granted by decision and order on motion of this court dated December 1, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and the stay of enforcement of the order, and the stay of the inquest on damages, which had been granted by decision and order of this court dated November 12, 2004, are vacated forthwith.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20614
PL/sl
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2004-06014 Theresa Anzolone, respondent, v Long Island Care Center, Inc., et al., defendants, Flushing Hospital and Medical Center, appellant. (Index No. 25928/01)
| 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, Queens County, dated May 20, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 14, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20590
S/sl
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2004-04026
Charles Arcamona, et al., respondents, v Monte J. Nussbaum, appellant, et al., defendant. (Index No. 5171/02)
| 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, Nassau County, dated March 31, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 25, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20568
R/sl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2005-00192
Michael Bruno, plaintiff, v William Holloway, defendant.
(Index No. 25549/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated January 4, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the 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.
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20607
J/sl
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2004-06273 Anthony Caliendo, appellant-respondent, v Katherina Caliendo, respondent-appellant. (Index No. 15009/00)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated January 2, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until March 15, 2005, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20544
Y/sl
A. GAIL PRUDENTI, P.J.
BARRY A. COZIER
DAVID S. RITTER
ROBERT A. SPOLZINO, JJ.
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2004-10059, 2004-10066 Chase Manhattan Mortgage Corporation, respondent, v Sondra Oludipe, appellant. (Index No. 7326/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent on appeals from a judgment and order of the Supreme Court, Queens County, dated September 5, 2003 (Appellate Division Docket No. 2004-10059) and February 23, 2004 (Appellate Division Docket No. 2004-10066), respectively, to dismiss the appeal from the order on the ground that it was not timely taken.
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 from the order is dismissed, without costs or disbursements.
PRUDENTI, P.J., COZIER, RITTER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20611
PL/nal
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2004-04035 Leonardo Chlap, et al., appellants, v 43rd Street-Second Avenue Corporation, et al., respondents. (Index No. 43270/01)
| ORDER ON APPLICATION |
Application by the respondent Zan Women's Clothing pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 5, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until March 4, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20596
S/sl
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2004-06733
Manuel De La Torre, plaintiff, v Sotheby's, Inc., defendant third-party plaintiff appellant-respondent; Michael Navascues, third-party defendant respondent-appellant. (Index No. 10910/03)
| ORDER ON APPLICATION |
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 10, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until March 29, 2005, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20604
J/sl
|
2004-02819
Hermione DuMorne, et al., appellants, v Carl Kemel-Pierre, etc., et al., respondents. (Index No. 26972/94)
| ORDER ON APPLICATION |
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, Queens County, dated November 18, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20618
PL/nal
|
2004-04738
Rosalba Fantini, et al., plaintiffs-respondents, v 65th Development, LLC, et al., defendants- respondents, B. Warranty Home Construction, Inc., appellant. (Index No. 36189/02)
| ORDER ON APPLICATION |
Application by the plaintiffs-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 12, 2004.
ORDERED that the applications are granted and the movants' time to serve and file a brief is enlarged until March 28, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20583
R/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-03860 Anthony Ford, respondent, v Southside Hospital, et al., defendants, Nelson R. Giraldo, appellant.
(Index No. 8616/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant and cross motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, entered April 10, 2003, which was determined by decision and order of this court dated November 22, 2004.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied.
RITTER, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20610
PL/nal
|
2004-10561 Matthew Galit, et al., appellants, v Town of Islip, et al., respondents. (Index No. 23865/01)
| ORDER ON APPLICATION |
Application by the respondents 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, Suffolk County, dated May 4, 2004.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until March 7, 2005, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20615
PL/nal
|
2003-10054
General Motors Acceptance Corp., respondent, v Grade A Auto Body, Inc., defendant, Amelia S. Cavanaugh, appellant. (Index No. 12093/01)
| 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, Suffolk County, dated July 29, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 28, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20592
S/sl
|
2004-07762
Andrzej Giza, respondent, v New York City Board of Education, et al., defendants third-party plaintiffs-appellants, New York City School Construction Authority, defendant-appellant; National Environmental Safety Company, Inc., third-party defendant-appellant.
(Index No. 2810/99)
| ORDER ON APPLICATION |
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 July 20, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20636
S/sl
|
2004-06926 Pearlie Haynes, respondent, v Monica Haynes, et al., appellants. (Index No. 30239/02)
| 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, Kings County, dated April 21, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 22, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20603
J/sl
|
2004-08725 Mel Hollander, et al., appellants, v Harry Lipman, respondent. (Index No. 17860/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated September 8, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 31, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20597
S/sl
|
2004-06428
Indymac Bank, FSB, respondent, v Mildred J. Michalczyk, appellant, et al., defendant. (Index No. 25679/02)
| 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, Suffolk County, dated June 7, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 24, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20594
S/sl
|
2004-05659
Rebecca Karan, et al., respondents, v Cheryl Hoskins, et al., defendants, Denise M. Rivera, et al., appellants. (Index No. 24133/99)
| 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, Nassau County, dated May 24, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 22, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20587
J/sl
|
2004-03146 Maria Ontaneda, appellant, v Countrywide Insurance Company, respondent. (Index No. 11794/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated February 24, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 9, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20640
O/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
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2004-04642, 2004-04677 Fernande Paltre, etc., et al., appellants, v General Motors Corporation, et al., respondents. (Action No. 1) (Index No. 5014/03) Lisa Baade, etc., appellant, v General Motors Corporation, et al., respondents. (Action No. 2) (Index No. 3318/03)
| DECISION & ORDER ON MOTION |
Motion by Ragesh Tangri and Daniel Purcell, attorneys in good standing in the State of California, to be admitted pro hac vice to represent the respondent American Honda Motor Company, Inc., on appeals from two orders of the Supreme Court, Nassau County, both dated April 21, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20635
S/sl
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2004-05523 Eileen Quinn, plaintiff, v David Walsh, appellant; Ronald M. Sickman, nonparty-appellant; Mark A. Musachio, nonparty-respondent. (Index No. 9441/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 7, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 24, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20586
J/sl
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2004-05443 Stanislaw Stachura, et al., plaintiffs-respondents, v 615-51 Street Realty Corp., defendant third-party plaintiff-appellant; J&L Landscaping, Inc., third-party defendant-respondent. (Index No. 9147/02)
| ORDER ON APPLICATION |
Application by the third-party defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 5, 2004.
ORDERED that the application is granted and the third-party defendant-respondent's time to serve and file a brief is enlarged until February 7, 2005, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20609
J/sl
|
2004-05050
Suffolk County, respondent, v Long Island Power Authority, et al., appellants. (Index No. 19890/02)
| 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, Suffolk County, dated March 26, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 24, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20598
S/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2003-01359, 2003-03098 Rosemary Toriola, etc., appellant, v Joseph Kahen, et al., respondents. (Index No. 18568/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 23, 2004, in the above-entitled action is amended by deleting from the recital paragraph thereof the words "the papers filed in relation", and substituting therefor the words "no papers having been filed in opposition or relation".
PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20617
PL/nal
|
2004-05137
Marion Woszczyna, respondent, v BJW Associates, et al., appellants, et al., defendants. (Index No. 3357/01)
| 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 13, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 28, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20584
R/sl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-09212
In the Matter of William B. (Anonymous). Nassau County Department of Social Services, respondent; Lashana N. B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-2458/04) In the Matter of Andre M. (Anonymous). Nassau County Department of Social Services, respondent; Lashana N. B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-6636/03) In the Matter of Shonta F. (Anonymous), petitioner- respondent, v Lashana N.B. (Anonymous), appellant, Nassau County Department of Social Services, respondent-respondent. (Proceeding No. 3) (Docket Nos. V-2959-04, V-2960-04)
| ORDER TO SHOW CAUSE |
Motion by counsel for the appellant to be relieved of an assignment to represent the appellant on an appeal from an order of disposition the Supreme Court, Nassau County, dated September 7, 2004, on the ground that the appellant has abandoned the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appellant and the other parties to this appeal or their counsel are directed to show cause before this court, why an order should or should not be made and entered dismissing the appeal as abandoned by each filing an affirmation or affidavit on the issue with the Clerk of this court on or before February 10, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the appellant and the other parties, including the Law Guardian, if any, to this appeal, or their counsel, by regular mail; and it is further,
ORDERED that the motion is held in abeyance in the interim.
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20606
M/nal
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2005-00355, 2005-00356 In the Matter of Patricia Brown, petitioner, v Robert Clancy, et al., respondents. (Proceeding No. 1) In the Matter of Patricia Brown, petitioner, v Ericka Paganini, respondent. (Proceeding No. 2) In the Matter of Robert Clancy, petitioner, v Erika Paganini, et al., respondents. (Proceeding No. 3) In the Matter of Ronald Paganini, appellant, v Patricia Brown, et al., respondents-respondents. (Proceeding No. 4) (Docket Nos. V-0678-01, V-0679-01, V-1930-04)
| SCHEDULING ORDER |
Appeals by Ronald Paganini from two orders of the Family Court, Nassau County, both dated November 29, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20600
M/nal
|
2005-00374 In the Matter of Valerie Dorset, appellant, v Stanley Dorset, respondent. (Docket Nos. F-06998-03, F-09569-03 F-08289-03)
| SCHEDULING ORDER |
Appeal by Valerie Dorset from an order of the Family Court, Westchester County, dated December 14, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20560
C/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-09437, 2004-09439, 2004-09638
In the Matter of Luchia Alexis King, respondent, v Kyle Hinkson, appellant. (Docket No. P-05420-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, inter alia, to be relieved, for the assignment of new counsel to prosecute appeals from three orders of the Family Court, Kings County, dated April 29, 2004, August 6, 2004, and September 30, 2004, respectively, to grant the appellant leave to prosecute the appeals as a poor person, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that on the court's own motion, the appeals from the orders dated April 29, 2004, and August 6, 2004, are dismissed, without costs or disbursements, as those orders are not appealable (see Family Ct Act 439[e]); and it is further,
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 from the order dated September 30, 2004; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before February 8, 2005, 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 March 1, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court for the issuance of a scheduling order pursuant to 22 NYCRR 670.4(a)(2); and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20616
PL/nal
|
2004-07156 In the Matter of Richard L. Mattiaccio, et al., appellant, v Zoning Board of Appeals of the Village of Pleasantville, respondent. (Index No. 3273/04)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated August 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 1, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20602
M/nal
|
2005-00300, 2005-00601, 2005-00602, 2005-00603 In the Matter of Jimmy Jeremie R. (Anonymous). Heart Share Human Services, respondent; Hilda C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Haydee R. (Anonymous). Heart Share Human Services, respondent; Hilda C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tatiana W. (Anonymous). Heart Share Human Services, respondent; Hilda C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Iesha W. (Anonymous). Heart Share Human Services, respondent; Hilda C. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-08381-03, B-08382-03 B-10482-03, B-10483-03)
| SCHEDULING ORDER |
Appeals by Hilda C. from four orders of the Family Court, Kings County, all dated November 17, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20605
A/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-04601 In the Matter of Dionne Riley, appellant, et al., petitioners, v Board of Zoning Appeals of the Town of Huntington, et al., respondents. (Index No. 25514/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents Manoutchere Baravarian and Ramona Morales, and cross motion by the respondent Board of Zoning Appeals of the Town of Huntington, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 21, 2004, for failure to timely perfect the same, and cross application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion, the cross motion, and the cross application, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion and the cross motion are granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the cross application is denied.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20613
PL/sl
|
2004-05606 In the Matter of 7-Eleven, Inc., respondent, v Planning Board of the Town of Islip, et al., appellant. (Index No. 23333/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 26, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 25, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20595
S/sl
|
2004-07140
In the Matter of United Financial Casualty Company, petitioner-respondent, v Barbara Hebrank, et al., respondents; Elrac, Inc., appellant; Corey Heath, additional-respondent. (Index No. 1164/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated July 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20608
M/nal
|
2005-00375 In the Matter of Westchester County Department of Social Services, o/b/o Ann Puff, respondent, v Vincent R. Scafidi, appellant. (Docket No. F-271-97)
| SCHEDULING ORDER |
Appeal by Vincent R. Scafidi from an order of the Family Court, Westchester County, dated December 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20593
Y/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2001-06250
The People, etc., respondent, v Lenworth Brown, appelant. (Ind. No. 1698/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve Daniel Furman, Esq., counsel retained to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 12, 2001, and for assignment of new counsel.
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 is to relieve retained counsel is denied as unnecessary (see CPLR 321[c]); and it is further,
ORDERED that the branch of the motion which is for the assignment of counsel is granted; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Joseph F. DeFelice, Esq.
123-60 83rd Avenue
Suite IV
Kew Gardens, NY 11415
and it is further,
ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that on or before March 21, 2005, assigned counsel shall review the brief filed by the previous retained counsel and advise this court in writing whether he will adopt the brief or will file a new brief or supplemental brief.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20581
C/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2003-01809 The People, etc., respondent, DECISION & ORDER v Lurline Martin, a/k/a Jeannette Anderson, appellant. (Ind. No. 8305/01)
| ON MOTION |
Motion by the appellant on an appeal from an amended judgment of the Supreme Court, Kings County rendered December 4, 2002, under Indictment No. 653/97, to amend her notice of appeal and a decision and order on motion of this court dated April 2, 2004, assigning counsel, to reflect that the appeal is actually from a judgment of the Supreme Court, Kings County, rendered November 19, 2002, under Indictment No. 8305/01.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the appeal is granted, and the notice of appeal and order of assignment are deemed amended accordingly.
SCHMIDT, J.P., SANTUCCI, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M20620
F/
SONDRA MILLER, J.
|
2004-10615 The People, etc., plaintiff, v David Miller, defendant. (Ind. No. 3443/03)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 7, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M20585
J/sl
|
2003-10600 The People, etc., respondent, v Michael Rivera, appellant. (Ind. No. 1144/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered October 31, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 24, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court