APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7121
E/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-09134, 2003-10482, 2003-10484 2003-10485 Muhammed Anwar, plaintiff-respondent, v Hellman Management, et al., appellants, Republic Construction & Management, Inc., et al., defendants-respondents. (Action No. 1) (Index No. 42864/98) Stephen McCauley, etc., respondent, v Ulrik Holding Ltd., et al., appellants. (Action No. 2) (Index No. 42773/97) Mohammed Manir, et al., plaintiffs-respondents, v Ulrik Holding Ltd., et al., appellants, City of New York, defendant-respondent. (Action No. 3) (Index No. 41320/98) Douglas Hampton, et al., plaintiffs-respondents, v City of New York, et al., defendants-respondents, Ulrik Holding Ltd., et al., appellants. (Action No. 4) (Index No. 8076/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to consolidate appeals from four orders of the Supreme Court, Kings County, all dated September 3, 2003 (one in each action).
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants are directed to file 12 copies of the record or appendix on appeals, and the parties are directed to file 12 copies of their respective briefs.
SMITH, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7132
PL/sl
|
2003-06832 Barry M. Brown, appellant, v City of White Plains, et al., respondents. (Index No. 7118/00)
| 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, Westchester County, dated July 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7107
E/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-08772 Antonia Cruz, plaintiff, v Alhambra Day Treatment Center, defendant. (Index No. 6365/97)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to reargue her motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 17, 2003, which reversed a judgment of the Civil Court, City of New York, Kings County, entered September 7, 2001, which was determined by decision and order on motion of this court dated November 13, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6976
CF/
|
2003-06826
Reinaldo Dos Reis, etc., respondent-appellant, v Stuart Cohen, LLC, defendant third-party plaintiff appellant-respondent; Lenihan Building, Inc., et al., third-party defendants-respondents. (Index No. 16995/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Westchester County, dated June 27, 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
M7134
PL/sl
|
2003-06815, 2003-06817 Mary Bernadette Galvin, appellant-respondent, v William N. Francis, respondent-appellant. (Index No. 5594/00)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated May 29, 2003, and an appeal from an order of the same court, also dated May 29, 2003, to enlarge the time to perfect the appeals.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeals is enlarged until April 23, 2004, and the joint record or appendix on the appeals and the appellant-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7138
CF/
|
2003-07754 Salvatore Graci, appellant-respondent, v Seymour Handler, etc., respondent, Gary Hitzig, et al., respondents-appellants. (Index No. 3114/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau 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
M7103
E/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2002-06662 Lorraine Josephine Hatcher, et al., plaintiffs, v Town of Islip, et al., defendants third-party plaintiffs-respondents; Eastland Carting Corp., third-party defendant-appellant-respondent, H.O. Penn Machinery Company, Inc., third-party defendant-respondent, Caterpillar, Inc., third- party defendant-respondent-appellant. (Index No. 12184/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 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 appellant-respondent's time to perfect the appeal is enlarged until March 26, 2004, 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 its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
RITTER, J.P., ALTMAN, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7148
J/sl
|
2003-06449 Grace Ann Jordan, appellant, v Michael Jordan, respondent. (Index No. 5337/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Richmond County, dated May 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7111
PL/sl
|
2003-05225 Michael Katz, appellant, et al., plaintiffs, v Jules Roberts, respondent. (Index No. 17793/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated May 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 12, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7098
PL/sl
|
2003-04843 Lawrence Kaufman, et al., appellants, v Steven C. Kunis, et al., respondents. (Index Nos. 1855/01, 2255/02)
| ORDER ON APPLICATION |
Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their respective appeals from an order the Supreme Court, Rockland County, dated April 23, 2003.
ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until March 29, 2004, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7106
S/sl
|
2003-09514 Nashon McPherson, respondent, v Jamil Abraham, etc., defendant, Jamaica Hospital Medical Center, appellant. (Index No. 21441/97)
| 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 October 1, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 6, 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
M7136
CF/
|
2003-05935 Andrew Messinger, appellant-respondent, v John Kornahrens, et al., respondents-appellants. (Index No. 15061/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated June 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7074
PL/sl
|
2003-06338, 2003-06339 Thelma Nielsen, respondent, v Prisca B. Joseph, appellant. (Index No. 14314/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, dated June 10, 2003, and June 30, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 15, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7119
E/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-07695, 2003-09527 Nong Yaw Trakansook, appellant, v 39 Wood Realty Corp., respondent, et al., defendants. (Index No. 24761/02) Astoria Federal Savings & Loan, appellant, v Nong Yaw Trakansook, a/k/a Nongyaw Trakansook, respondent, et al., defendants. (Index No. 19925/98)
| DECISION & ORDER ON MOTION |
Motion by Nong Yaw Trakansook, the appellant on the appeal pending under Appellate Division Docket No. 2003-07695 and the respondent on the appeal pending under Appellate Division Docket No. 2003-09527, to consolidate appeals from two orders of the Supreme Court, Queens County, dated July 14, 2003, and September 26, 2003, respectively, and to enlarge the time to perfect the appeal from the order dated July 14, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals shall be heard together, and shall be argued or submitted on the same day and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 14, 2003, is granted, and the appellant's time to perfect that appeal is enlarged until April 20, 2004, and the record or appendix on that appeal and the appellant's brief on that appeal must be served and filed on or before that date.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7109
S/sl
|
2003-05905 Frank Olivetto, respondent, v Victor Gaines, etc., et al., appellants, et al., defendants. (Index No. 2199/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended order of the Supreme Court, Dutchess County, dated May 28, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 27, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7126
O/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-04673 Peter Onitiri, appellant, v CUNY, College of Staten Island, respondent. (Claim No. 106959)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Court of Claims, dated April 10, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until February 2, 2004, and the respondent's brief must be served and filed on or before that date.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7102
E/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
BARRY A. COZIER, JJ.
|
2002-00690 Daniel Angel Perez, etc., et al., respondents- appellants, v New York City Housing Authority, appellant-respondent. (Index No. 5519/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 20, 2001, which were determined by decision and order of this court dated April 21, 2003, inter alia, for leave to renew a prior motion to reargue the appeal, which was determined by decision and order on motion dated June 20, 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.
PRUDENTI, P.J., ALTMAN, SMITH and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7147
J/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2003-01200 Gil V. Perez, appellant, v Staten Island Savings Bank, a/k/a Staten Island Bank & Trust, respondent. (Index No. 13064/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 22, 2004, in the above-entitled matter is amended by deleting from the recitation paragraph thereof the words "the papers filed in opposition," and substituting therefor the words "no papers having been filed in opposition or relation."
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7069
PL/sl
|
2003-06652 Lisa Reilly, appellant, et al., plaintiff, v Tn O. Lee, et al., respondents. (Index No. 25183/00)
| 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, Queens County, dated May 29, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7082
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-03519 Dora Rosario, appellant, v Trump Management, Inc., et al., respondents. (Index No. 12821/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Richmond County, dated March 3, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7149
J/sl
|
2003-07244 Oof Shater, etc., et al., appellants, v 954 MacDonald Avenue Real Estate Corp., et al., defendants, Ahmed Alzubaidi, et al., respondents. (Index No. 8770/94)
| 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 June 13, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 5, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7085
E/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-02135 Stern's Department Stores, Inc., plaintiff, v Little Neck Dental, etc., et al., respondents, Marx Realty & Improvement, et al., appellants.
(Index No. 19545/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Queens County, dated January 21, 2003, to strike certain documents from the appellants' appendix and certain portions of the appellants' brief on the ground that they contain or refer to material dehors the record, and to enlarge the time to serve and file a brief.
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 to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until February 25, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied (see CPLR 5517).
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7137
CF/
|
2003-08879 Antonio Vitulli, respondent, v Chaim Bernikier, appellant. (Index No. 25259/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7150
L/
|
2003-05309 Maria Zhurankhinskaya, et al., respondents, v 1585 East 14th Street Owners Corp., et al., appellants, et al., defendants. (Index No. 76414/01)
| 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 April 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7087
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2004-00431
In the Matter of Nicole C. Alston, appellant, v Kelvin Alston, respondent. (Docket No. O-19801-03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Nicole C. Alston from an order of the Family Court, Queens County, dated December 16, 2003.
Now on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order appealed from (cf. Matter of Dana S., 249 AD2d 582).
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7133
J/sl
|
2003-06728 In the Matter of Virginia Ancona, deceased. Joseph Ancona, et al., appellants; Steven Ancona, et al., respondents. (File No. 202 P 2001)
| 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 Surrogate's Court, Suffolk County, dated June 13, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 15, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7135
CF/
|
2004-00355, 2004-00356 In the Matter of John C. (Anonymous), appellant; Dutchess County Attorney, respondent. (Docket No. D-4800-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Dutchess County, both dated January 6, 2004.
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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7089
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-04975 In the Matter of Altagracia Calvo, respondent, v Luis Calvo, appellant. (Docket No. F-1400/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated April 30, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the 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 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
M6985
M/mv
|
2003-07279, 2003-08164 In the Matter of Marvin D. (Anonymous), appellant. (Docket Nos. E-13825/03, D-10347/03)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Kings County, both dated July 10, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeals is enlarged until March 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6786
M/mv
|
2003-07004, 2003-08771 In the Matter of Nyomi A. D. (Anonymous). Suffolk County Department of Social Services, respondent-appellant; Edward D. (Anonymous), appellant-respondent; Yvonne G. (Anonymous), respondent-respondent. (Proceeding No. 1) In the Matter of Kenya E. D. (Anonymous). Suffolk County Department of Social Services, respondent-appellant; Edward D. (Anonymous), appellant-respondent; Yvonne G. (Anonymous), respondent-respondent. (Proceeding No. 2) In the Matter of Amanda P. (Anonymous). Suffolk County Department of Social Services, respondent-appellant; Edward D. (Anonymous), appellant-respondent; Yvonne G. (Anonymous), respondent-respondent. (Proceeding No. 3) In the Matter of Kayla P. (Anonymous). Suffolk County Department of Social Services, respondent-appellant; Edward D. (Anonymous), appellant-respondent; Yvonne G. (Anonymous), respondent-respondent. (Proceeding No. 4) (Docket Nos. N-1639-03, N-1640-03, N-1641-03, N-1642-03, N-1643-03, N-1644-03, N-1722-03, N-1723-03, N-6600-03, N-6603-03)
| SCHEDULING ORDER |
Appeals by Edward D. from two orders of the Family Court, Suffolk County, dated July 29, 2003, and September 30, 2003, respectively. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the appellant-respondent's time to perfect the appeals by causing the original papers constituting the record on the appeals and the cross appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant-respondent's brief on the appeals is enlarged until March 5, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7144
S/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-00482 In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominique L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004-03, N-1512-03)
| ORDER ON APPLICATION |
Application by the Legal Aid Society, counsel for the appellant, upon a certification pursuant to CPLR 1101(e) for leave for the appellant to prosecute an appeal from an order of the Family Court, Suffolk County, entered December 15, 2003, as a poor person.
ORDERED that the application is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the Clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the Clerk of the Family Court and one transcript shall be delivered to the appellant's counsel. Appellant's counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that the appellant's counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]); and it is further,
ORDERED that appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7140
CF/
|
2003-10359 In the Matter of J. P. Morgan Chase Bank, as Executor of the Estate of Harriet W. Cornell, a/k/a Harriet Wilkens Cornell, et al., respondents; McGary & Simon, nonparty-appellant. (Index No. 566/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Orange County, dated October 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
M7156
M/mv
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2003-04014 In the Matter of Eric Kachelhofer, respondent, v Rose Wasiak, appellant. (Docket No. V-03339/00)
| SCHEDULING ORDER |
Appeal by Rose Wasiak from an order of the Family Court, Queens County, dated April 4, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until February 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7125
O/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
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2003-11220 In the Matter of Michael S. Kornfeld, petitioner, v County of Nassau, respondent. (Index No. 16816/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated October 9, 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.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7162
M/mv
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
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2003-04180 In the Matter of Nataliya Lezhak, respondent, v Vladimir Privorotsky, appellant. (Docket No. P-5029-00)
| SCHEDULING ORDER |
Appeal by Vladimir Privorotsky from an order of the Family Court, Kings County, dated April 8, 2003. By decision and order on motion of this court dated December 9, 2003, the appellant was granted until January 15, 2004, to perfect the appeal. The appellant has failed to do so.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated December 9, 2003.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7123
M/mv
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2004-00546 In the Matter of Katherine Oliphant, respondent, v Bryan Oliphant, appellant. (Docket No. F-10331/02)
| SCHEDULING ORDER |
Appeal by Bryan Oliphant from an order of the Family Court, Westchester 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7122
O/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2001-10214 In the Matter of Walter Phillips, appellant, v Glenn Goord, etc., et al., respondents. (Index No. 3796/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Dutchess County, dated October 30, 2001, to hold the appeal in abeyance until he can file the original papers with the Clerk of this court.
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 as academic as the original papers have been filed with the Clerk of this court; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal by serving and filing his brief 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
M7131
M/mv
|
2001-08955 In the Matter of Natalie Pope, appellant, v Jonas Pope, respondent. (Docket No. 7543/00)
| SCHEDULING ORDER |
Appeal by Natalie Pope from an order of the Family Court, Westchester County, dated September 19, 2001. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 3, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7128
M/mv
|
2003-05374, 2003-05384 In the Matter of Nathaniel S. (Anonymous), appellant. (Docket No. D-15946/01)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Queens County, dated April 7, 2003, and May 29, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 21, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
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
M7070
M/mv
|
2003-09132 In the Matter of Adam Winterfield, respondent, v Dawn Sepe, appellant. (Docket No. V-5201/91)
| SCHEDULING ORDER |
Appeal by Dawn Sepe from an order of the Family Court, Suffolk County, dated September 23, 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
M7127
O/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
1996-00830 The People, etc., respondent, v Kevin Daniels, appellant. (Ind. No. 1285/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered January 11, 1996.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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 his brief on the appeal is enlarged until March 26, 2004.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7115
S/sl
|
1999-09302 The People, etc., respondent, v Kalee Gallop, appellant. (Ind. No. 972/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Nassau County, rendered September 23, 1999.
ORDERED that the application is granted and 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 his brief on the appeal is enlarged until March 22, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7114
E/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-00526 The People, etc., respondent, v Vincent Grunert, appellant. (Ind. No. 2568/02)
| DECISION AND ORDER ON MOTION |
Motion by the appellant to withdraw an appeal from a judgment of the County Court, Suffolk County, rendered December 10, 2002.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is deemed withdrawn.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6887
F/
SONDRA MILLER, J.
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2003-10646 The People, etc., plaintiff, v Patrick Stephens, defendant. (Ind. No. 12568/97)
| 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 14, 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.
SONDRA MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7092
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
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2002-02570, 2002-08447 The People, etc., respondent, v Arcady Yakubova, appellant. (Ind. Nos. 4450/96, 20/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve assigned counsel on appeals from two judgments of the Supreme Court, Queens County, both rendered February 28, 2002, to substitute retained counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on October 24, 2003, and the following named attorney was assigned as counsel to prosecute the appeals:
Andrew C. Fine
The Legal Aid Society
c/o Cravath, Swaine & Moore
825 Eighth Street
New York, N.Y. 10019
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 said assigned counsel is directed to turn over all papers in the action to retained counsel:
Jerald Rosenthal, Esq.
439 Union Street
Hudson, N.Y. 12534
and it is further,
ORDERED that the appellant's poor person status is continued; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged. Retained counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7124
O/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-00048 The People, etc., ex rel. Santos Gonzalez, petitioner, v William E. Phillips, etc., respondent.
| 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]).
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk