APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7108
CF/
|
2003-07584 William Bannon, et al., respondents, v Breco Environmental Contractors, Inc., appellant. (Index No. 601/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 15, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M7112
CF/
|
2003-01485 Marcus Castro, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 27541/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated November 26, 2002.
Upon the stipulation of the parties, dated December 15, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7081
S/sl
|
2003-06023 John M. Denefrio, etc., et al., respondents, v First Unum Life Insurance Company, appellant. (Index No. 5133/99)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated December 29, 2003, in the above-entitled matter is amended by deleting from the decretal paragraph thereof the date "March 7, 2004," and substituting therefor the date "March 8, 2004".
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7063
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2004-00282 Gregory Falgoust, respondent, v Andrea Falgoust, appellant. (Index No. 200378/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, entered October 27, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7084
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2004-00191, 2004-00193 Federal Sprinkler Corporation, respondent, v Richard Daly, appellant. (Index No. 14767/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay his deposition and all proceedings in the above-entitled action pending hearing and determination of appeals from an order and an amended order of the Supreme Court, Nassau County, dated November 21, 2003, and December 9, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order is dismissed, without costs or disbursements, as that order was superseded by the amended order; and it is further,
ORDERED that on the court's own motion, the appeal from so much of the amended order as granted that branch of the plaintiff's motion which was to compel the further deposition of the appellant is dismissed, as that portion of the amended order is not appealable as of right (see Sainz v New York City Health & Hosps. Corp., 106 AD2d 500), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7118
CF/
|
2003-07652 Jacqueline Gonzalez, et al., appellants, v Leonard D. Ricci, etc., et al., respondents. (Index No. 1455/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated August 7, 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
M7129
O/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-10129 Carlos Grant, respondent, v Hestia Real Estate Corporation B.V., et al., respondents-appellants, Otis Elevator Company, appellant-respondent. (Index No. 34412/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 10, 2003, and for a preference in the calendaring of 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.
PRUDENTI, P.J., ALTMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7130
O/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-06195 Guo Quan Cao, appellant, v Beaumont Associates, respondent. (Index No. 18651/02)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Queens County, dated May 29, 2003. By order to show cause dated December 15, 2003, counsel for the respondent was directed to show cause before this court why an order should or should not be made and entered imposing such sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2) for counsel's failure to appear at a CAMP conference.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that within 20 days after the service upon him of a copy of this decision and order on motion, Tracy William Boshart is directed to pay the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York.
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7090
E/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-05674 Jana Guskin, respondent, v Robert Guskin, appellant. (Index No. 201098/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to deem his notice of appeal from a decision of the Supreme Court, Nassau County, dated May 23, 2003, to be a notice of appeal from a judgment of the same court, dated July 29, 2003.
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 notice of appeal from the decision dated May 23, 2003 is deemed to be a premature notice of appeal from the judgment dated July 29, 2003 (see CPLR 5520[c]).
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7016
K/nl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-00638 Santiago Hernandez, respondent, v Gloria Yuen, appellant. (Index No. 10181/00)
| ORDER TO SHOW CAUSE |
The defendant having appealed to this court from an order of the Supreme Court, Kings County, dated November 22, 2002, and having perfected the appeal on August 22, 2003, and no brief having been filed by the respondent, the matter was placed on this court's calendar for January 7, 2004. By letter dated January 5, 2004, counsel for the appellant notified this court that the case had settled in June 2003, prior to the perfection of the appeal, and that the appellant was now withdrawing the appeal.
Now on the court's own motion, it is
ORDERED that the parties or their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate 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 all parties to the action on or before February 20, 2004.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action is wholly or partially settled * * * the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7071
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-11149 Asher Z. Lider, d/b/a Flavors "R" Us, respondent, v Jacob Hirsch, et al., appellants. (Index No. 49203/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Sainz v NYC Health & Hosps. Corp., 106 AD2d 500), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7097
O/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-09552 Northpark Associates, L.L.L.P., f/k/a Northpark Associates, L.P., respondent-appellant, v Westcon, Inc., et al., appellants-respondents, et al., defendants. (Index No. 18844/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered August 22, 2002.
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 respondent-appellant's time to serve and file a brief, including its points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until January 30, 2004, and the respondent-appellant's brief must be served and filed on or before that date.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7095
O/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-09595 Northpark Associates, L.L.L.P., f/k/a Northpark Associates, L.P., respondent-appellant, v Westcon, Inc., et al., appellants-respondents, et al., defendants. (Index No. 18844/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered August 22, 2002.
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 respondent-appellant's time to serve and file a brief, including its points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until January 30, 2004, and the respondent-appellant's brief must be served and filed on or before that date.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7077
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-06525 Franciszek Nycz, et al., respondents, v One Bryant Park Development Partners, LLC, et al., appellants.
(Index No. 23503/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 15, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 8, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7099
CF/
|
2003-09410 Odanice Olibrice, respondent, v Balkaran Etwaroo, et al., appellants. (Index No. 3224/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7104
O/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-07683 Howard Porter, appellant, v Annette Porter, respondent. (Index No. 5216/01)
| DECISION & ORDER ON MOTION |
Motion by Howard Porter for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, dated June 17, 2003, as a poor person, and for the assignment of counsel. 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 appeal is enlarged until February 26, 2004.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7091
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-06388, 2003-07887 John Puglisi, appellant, v Una Puglisi, respondent. (Index No. 19930/98)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 12, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant on appeals from a decision of the Supreme Court, Westchester County, dated June 17, 2003, and a judgment of the same court dated August 5, 2003, to stay enforcement of the judgment pending hearing and determination of the appeals.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal from the decision 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 motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7105
CF/
|
2003-09013 Joseph C. Rea, appellant, v Edith Rea, respondent. (Index No. 152/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated September 11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6974
CF/
|
2003-07124 Jennifer L. Schmidt, et al., appellants, v Farmingdale Union Free School District, et al., respondents. (Index No. 4718/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated July 17, 2003.
Upon the stipulation of the parties, dated January 13, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7083
E/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-02733, 2003-03071 Albert Schwartzberg, et al., respondents, v Kingsbridge Heights Care Center, Inc., et al., appellants. (Index No. 17647/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, both entered March 25, 2003, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar", dated November 25, 2003, as dismissed the appeal under Appellate Division Docket No. 2003-03071, to reinstate that appeal, and to withdraw both appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated November 25, 2003, as dismissed the appeal pending under Appellate Division Docket No. 2003-03071 is recalled and vacated; and it is further,
ORDERED that the appeals are deemed withdrawn, without costs or disbursements.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7113
CF/
|
2003-06924 Susan Smulczeski, appellant, v Richard Smulczeski, respondent. (Index No. 26989/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 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
M7110
CF/
|
2003-04977
Telemark Construction Management, Inc., et al., plaintiffs, v Ross School, et al., defendants counterclaim-plaintiffs respondents-appellants, et al., defendant; Telemark Construction Management, Inc., et al., counterclaim-defendants, Royal Insurance Company of America, counterclaim- defendant appellant-respondent. (Index No. 25148/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated April 23, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6363
M/mv
|
2003-11198 In the Matter of Elizabeth Bellom, respondent, v Lawrence Bellom, appellant. (Docket No. O-14073/03)
| SCHEDULING ORDER |
Appeal by Lawrence Bellom from an order of the Family Court, Westchester County, dated November 26, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7117
CF/
|
2003-05920 In the Matter of Amanda C. (Anonymous). Suffolk County Department of Social Services, respondent; Kelly M. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-1172-00) In the Matter of Brian W. (Anonymous). Suffolk County Department of Social Services, respondent; Kelly M. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-1173-00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated June 6, 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
M6964
M/mv
|
2004-00433 In the Matter of Jerrol H. (Anonymous), appellant. (Docket No. D-12770/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated December 18, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7068
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-11055 In the Matter of Victor Jara, respondent, v Jacqueline Gutierrez, appellant. (Docket No. F-12178/02)
| DECISION & ORDER ON MOTION |
Appeal by Jacqueline Gutierrez from an order of the Family Court, Westchester County, dated October 31, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable (see Matter of McGrane v Xia, 300 AD2d 398).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7073
M/mv
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-07521
In the Matter of Kevin Josey, appellant, v Eula Bailey, respondent. (Docket Nos. V-1695-03, V-04803-03)
| SCHEDULING ORDER |
Appeal by Kevin Josey from an order of the Family Court, Nassau County, dated July 15, 2003. By decision and order of this court dated December 10, 2003, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before January 16, 2004. 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 appeal is dismissed, without costs or disbursements.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6963
M/mv
|
2004-00410 In the Matter of Manider Kaur, respondent, v Balwinder Singh, appellant. (Docket No. O-14331/03)
| SCHEDULING ORDER |
Appeal by Balwinder Singh from an order of the Family Court, Suffolk County, dated December 16, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7100
CF/
|
2003-07862 In the Matter of Patrick Knieriem, et al., respondents, v Frank Fornario, et al., appellants. (Index No. 5029/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated August 11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7076
S/sl
|
2003-06037 In the Matter of Paul Koenigsberg, petitioner, v New York State Motor Vehicles Appeals Board, respondent. (Index No. 9178/03)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated June 12, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 16, 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
M7052
M/mv
|
2003-11437 In the Matter of Daniel L. (Anonymous), appellant. (Docket No. D-3653/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated December 4, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7066
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09934
In the Matter of Lincoln Joshua L. (Anonymous). Child Welfare Administration-Queens, petitioner- respondent; Vivian Mc. (Anonymous), appellant, et al., respondents. (Docket No. N-15997/00)
| 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, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated October 15, 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 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 February 2, 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 23, 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.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7075
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-10143 In the Matter of Kathleen Lewis, respondent, v Michael Nwasoma, appellant. (Docket No. F-04687/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, King County, dated September 2, 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 thereto, it is
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is for leave to proceed on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7067
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2004-00380, 2004-00381 In the Matter of Frank M. (Anonymous), appellant. (Docket No. D-10089-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Family Court, Nassau County, dated January 2, 2004, and a decision of the same court dated January 9, 2004, to stay enforcement of the order, and to place the appellant with St. Mary's Children and Family Services, Syosset, New York, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the decision 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 motion is granted and enforcement of the order dated January 2, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 8, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 8, 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 pending hearing and determination of the appeal, the appellant shall be placed with St. Mary's Children and Family Services, Syosset, New York, or another similiar facility; and it is further,
ORDERED that the director of the facility at which the appellant has been placed, or his or her agent, is directed to immediately release the appellant upon receipt of this order; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7094
O/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
GABRIEL M. KRAUSMAN
HOWARD MILLER, JJ.
|
2003-00743
In the Matter of Met Life Auto & Home Insurance Company, appellant, v Kristien Barreto, et al., respondents. (Index No. 1381/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated December 17, 2002, for leave to reargue a motion to dismiss the appeal, which was determined by decision and order on motion of this court dated October 30, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., FLORIO, KRAUSMAN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7029
M/mv
|
2004-00479 In the Matter of Fredda Mitchell, respondent, v Robert Mitchell, appellant. (Docket No. F-10711/03)
| SCHEDULING ORDER |
Appeal by Robert Mitchell from an order of the Family Court, Suffolk County, dated December 9, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7116
CF/
|
2003-08520 In the Matter of Nelson I. Montalvo, respondent, v Donna M. Colella, appellant. (Docket No. V-06723-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated September 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
M7028
M/mv
|
2004-00472 In the Matter of Lorraine Montez, respondent, v Santiago Montez, appellant. (Docket No. F-15540/02)
| SCHEDULING ORDER |
Appeal by Santiago Montez from an order of the Family Court, Westchester County, dated December 8, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7064
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-09797 In the Matter of Benjamin Nunez, petitioner, v Ira B. Harkavy, etc., respondent. (Index No. 6145/95)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7088
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2004-00441
In the Matter of Michael William O. (Anonymous), a/k/a Michael O. (Anonymous). St. Christopher-Ottilie, respondent; Denise T. (Anonymous), appellant. (Docket No. B-14152/98
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Denise T. from an order of the Family Court, Queens County, dated November 21, 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 an order entered upon the appellant's default (see CPLR 5511).
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6962
M/mv
|
2004-00408 In the Matter of James D. Senetto, appellant, v Julie Putnam, respondent. (Docket No. U-03495/03)
| SCHEDULING ORDER |
Appeal by James D. Senetto from an order of the Family Court, Suffolk County, dated December 4, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7057
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-10440 In the Matter of Noeli Clemente Sergio, appellant, v Elmhurst Gardens, Inc., et al., respondents. (Index No. 871/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated October 4, 2002, to strike the appellant's reply brief on the ground that it raises issues not raised in the appellant's main brief, and cross motion by the appellant to impose sanctions on the respondents and for an attorney's fee.
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 motion is held in abeyance and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the cross motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7072
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-10982 In the Matter of Edward Vopat, appellant, v Susan Vopat, respondent. (Docket No. F-2591-02)
| DECISION & ORDER ON MOTION |
Appeal by Edward Vopat from an order of the Family Court, Queens County, dated November 14, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7078
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-10783 In the Matter of Lisa Zipay, et al., respondents, v Frederick Csaszar, appellant. (Docket No. A-2745/03)
| DECISION & ORDER ON MOTION |
Appeal by Frederick Csaszar from an order of the Family Court, Dutchess County, dated November 3, 2003.
Now, on the court's own motion, it is
ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]).
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7079
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
1992-07108 The People, etc., respondent, v Ugo Berardi, appellant. (Ind. No. 78088)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Nassau County, rendered September 1, 1992, on the ground, inter alia, that it has been abandoned.
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 proof of service upon the defendant at his last known place of residence and upon his last known attorney (see CPL 470.60[2]).
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6883
K/sl
STEPHEN G. CRANE, J.
|
2001-04345 The People, etc., respondent, Certificate Granting L v Simeon Duggins, appellant. (Ind. No. 5936/99)
| DECISION & ORDER ON MOTION eave to Appeal |
Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court dated November 10, 2003, which affirmed a judgment of the Supreme Court, Kings County, rendered May 10, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that leave to appeal to the Court of Appeals from a decision and order of this court dated November 10, 2003, in the above-entitled case is granted; in my opinion, a question of law has arisen, which ought to be reviewed by the Court of Appeals.
STEPHEN G. CRANE
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6938
F/
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
1998-05734 The People, etc., respondent, v Angel Guzman, appellant. Motion to File a Supplemental (Ind. No. 97-00638)
| DECISION & ORDER ON MOTION Reply Brief |
Motion by the appellant pro se for leave to serve and file a reply brief on an appeal from a judgment of the County Court, Orange County, rendered May 26, 1998.
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., ALTMAN, LUCIANO, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
98 A 5276
Eastern Corr. Fac.
Box 338
Napanoch, New York 12458
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7080
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-10922
The People, etc., plaintiff, v Michael Kellington, defendant. (Ind. No. 3/00)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered November 15, 2001, for poor person relief, 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 branch of the motion which is pursuant to CPL 460.30 to extend the time to take an appeal from the judgment is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6893
F/
STEPHEN G. CRANE, J.
|
2003-10762
The People, etc., plaintiff, v Daniel Ratliff, defendant. (Ind. No. 2519/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated October 30, 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.
STEPHEN G. CRANE
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6894
F/
STEPHEN G. CRANE, J.
|
2003-10402
The People, etc., plaintiff, v Norman Washington Riley, defendant. (Ind. No. 7451/88)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 26, 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.
STEPHEN G. CRANE
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7062
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-05982 The People, etc., appellant, v Benjamin Sherman, respondent. (Ind. No. 5957/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to defend an appeal from an order of the Supreme Court, Kings County, dated January 7, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proof of service upon the respondent at his last known address.
RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk