Appellate Division: Second Judicial Department
M20916
CF/
|
2004-05926 Harry Bloechle, et al., respondents- appellants, v Kim Marie Ranieri, et al., respondents, TNM Construction Corporation, appellant-respondent. (Index No. 11436/02)
| 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 May 26, 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ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20849
A/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-04060, 2004-09459, 2004-09460 Nathan Blumes, respondent, v Inbar Blumes Madar, s/h/a Blumes, appellant.
(Index No. 48288/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se on appeals from three orders of the Supreme Court, Kings County, dated May 3, 2004, June 3, 2004, and August 9, 2004, respectively, for leave to prosecute the appeals as a poor person, for the assignment of counsel, and to enlarge his time to serve and file a brief on the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person and for the assignment of counsel is denied, with leave to renew on or before February 22, 2005, upon proper papers, including the respondent's affidavit setting forth the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income; and it is further,
ORDERED that the motion for an enlargement of time to serve and file a brief on the appeals is referred to the Clerk of the court for issuance of a scheduling order pursuant to 22 NYCRR 670.4(a)(2).
KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20938
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-11200 Fred Capestany, appellant, v C&S Properties, LP, et al., respondents. (Index No. 3502/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 10, 2003, insofar as asserted against C&S Properties, LP.
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 as against C&S Properties, LP is deemed withdrawn without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20920
CF/
|
2004-02645 Louis Casale, et al., appellants, v White Castle Systems, Inc., respondent. (Index No. 6646/02)
| 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 October 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20904
CF/
|
2004-08687 Child Safe Products, Inc., appellant, v Demilec U.S.A., L.L.C., respondent. (Index No. 11474/00)
| 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 August 5, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20898
CF/
|
2004-08214 Citibank, N.A., et al., respondents, v Kenneth Grant, appellant. (Index No. 22299/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Kings County, dated July 29, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20869
CF/
|
2004-07808 Alvaro Cortez-Soto, respondent, v Four Decades Contracting, Inc., appellant. (Index No. 19287/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 12, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20909
S/sl
|
2004-06983
Bret D'Auguste, appellant, v Shanty Hollow Corp., d/b/a Hunter Mountain Ski Bowl, Inc., et al., respondents. (Index No. 5300/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 19, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 4, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20903
CF/
|
2004-08236 Yelena Dikshteyn, et al., respondents, v Nicolai Gakhokidze, et al., appellants. (Index No. 2204/03)
| 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 July 16, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20911
S/sl
|
2004-05344
Marcia Ellis, et al., respondents, v Lewis H. Wirshba, et al., appellants. (Index No. 1329/04)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated April 30, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 4, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20899
CF/
|
2004-06160 Maria Garcia-Crocker, respondent, v Jay A. Berke, et al., appellants. (Index No. 46397/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Jay A. Berke to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 31, 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 by Jay A. Berke is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20902
CF/
|
2004-06748 Julie A. Gavilanes, et al., respondents-appellants, v Chester Mall Partners, LLC, et al., defendants, R. Young & Son, Inc., appellant-respondent. (Index No. 7104/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Orange County, dated July 16, 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 appeal and cross-appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20917
S/sl
|
2004-05144
Gloveman Realty Corporation, appellant-respondent, v John Jefferys, et al., respondents-appellants. (Index No. 35896/99)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 20, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until May 5, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20905
CF/
|
2004-09477 Debra Guidice, et al., respondents, v Mace Housewares, Inc., appellant. (Index No. 17583/00)
| 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 September 20, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20927
CF/
|
2004-05668 Sinclair Haberman, respondent-appellant, v City of Long Beach, et al., appellants-respondents. (Index No. 2715/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Nassau County, dated April 1, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20907
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-02769, 2004-02772, 2004-09612, 2004-09613, 2004-09615, 2004-10121 Dean E. Hart, plaintiff-respondent, v Tri-State Consumer, Inc., defendant-respondent, Penny Fern Hart, appellant, Tri-State Consumer Insurance Company, non-party appellant.
(Index No. 13620/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent on appeals from six orders of the Supreme Court, Nassau County, dated January 22, 2004, March 18, 2004, August 17, 2004, August 17, 2004, September 30, 2004, and October 26, 2004, respectively, to enjoin the appellant and the nonparty-appellant, their officers, directors, attorneys, and agents from conducting and participating in any meetings of the Board of Directors of Tri State Consumer Insurance Company, 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 the motion is denied; and it is further,
ORDERED that on the court's own motion, the decision and order on motion of this court dated December 2, 2004, in the above-entitled action is amended by adding to the third decretal paragraph thereof, after the words "[n]on-[p]arty-[a]ppellant," the words", except to the extent that the plaintiff-respondent may participate as a board member of the nonparty-appellant, with all the related powers and responsibilities thereof in the same manner as before the commencement of the instant litigation and issuance of the arbitration award".
PRUDENTI, P.J., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20912
S/sl
|
2004-04410
Robert Kerin, appellant, v John J. Staria, et al., respondents. (Index No. 10033/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 15, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 17, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20937
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-02473
Mayya Khatenever, plaintiff-respondent, v City of New York, et al., defendants-respondents, Frank Ariano & Sons, Inc., appellant. (Index No. 46583/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 30, 2004.
Upon the stipulation of the attorneys for the respective parties, dated January 3, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20924
CF/
|
2004-10640 Shiane Lighty, et al., plaintiffs-respondents, v Judith Quashie, etc., et al., appellants-respondents, Maryann Wasmuth, et al., respondents-appellants. (Index No. 3/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 7, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20922
CF/
|
2004-04610 Donald E. Look, et al., appellants-respondents, v Joanne DelVecchio, respondent-appellant. (Index No. 12558/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and the respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Nassau County, dated April 22, 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 appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20926
J/sl
|
2004-05812 Rose Lupo, appellant, v Montauk Properties, LLC, respondent. (Index No. 22857/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 14, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20883
CF/
|
2004-08064 Susan Magee, appellant-respondent, v Long Island Lighting Co., (LILCO), et al., respondents-appellants (and a third-party action). (Index No. 10353/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellant-respondent and the respondents-appellants to withdraw their respective appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated June 28, 2004.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeal and cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20928
J/sl
|
2004-05276 Majestic Clothing, Inc., appellant, v East Coast Storage, respondent, et al., defendant. (Index No. 8411/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated April 23, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 14, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20915
S/sl
|
2004-04497
Sharon Menzel, appellant, v Columbus Construction Co., defendant third-party plaintiff-respondent, Village of Dobbs Ferry, et al., respondents; S-F Concrete Corp., third-party defendant- respondent. (Index No. 10716/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 14, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 20, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20955
O/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-10549 Mony Life Insurance Company, et al., plaintiffs, v Angel Cordero, Jr., defendant third-party plaintiff-respondent; Neal E. Hayias, third-party defendant-appellant. (Index No. 01-13247)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 22, 2004.
Upon the papers filed in support of the motion, and upon the stipulation of the parties dated January 13, 2005, it is
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action is granted, and the trial is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20929
CF/
|
2004-07048 New York & Presbyterian Hospital, a/a/o Spyridon Daniolos, etc., respondent, v Allstate Insurance Company, appellant. (Index No. 15967/03)
| 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 July 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20941
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04642, 2004-04677 Fernande Paltre, etc., et al., appellants, v General Motors Corporation, et al., respondents. (Action No. 1) (Index No. 5014/03) Lisa Baade, etc., appellant, v General Motors Corporation, et al., respondents. (Action No. 2) (Index No. 3318/03)
| DECISION & ORDER ON MOTION |
Motion by the State of New York for leave to file an amicus curiae brief on appeals from two orders of the Supreme Court, Nassau County, both dated April 21, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before February 7, 2005; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file a reply brief to the amicus curiae brief within 10 days after the service upon them of the amicus curiae brief.
H. MILLER, J.P., COZIER, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20906
CF/
|
2004-09527 Oliver Peralta, et al., appellants, v Shellsea Williams, et al., respondents. (Index No. 28232/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 16, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20896
CF/
|
2004-08720 Ridge Hill Development Corporation, appellant, v Rolling Acres Lawn and Landscaping, Inc., et al., respondents. (Index No. 3863/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 13, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20919
S/sl
|
2004-04810 Adrianne Salley, plaintiff-respondent, v City of New York, defendant third-party plaintiff-appellant, Carlos Medina, defendant-appellant; Welsbach Electric Corporation, third-party defendant-respondent. (Index No. 3236/97)
| ORDER ON APPLICATION |
Applications by the third-party defendant-respondent and the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Queens County, dated April 8, 2004.
ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until February 23, 2005, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20875
CF/
|
2004-04562 Michelle B. Gross Sardelli, et al., appellants- respondents, v Lynn DeCostanza, etc., et al., respondents-appellants, Syosset Community Hospital, respondent. (Index No. 15288/96)
| 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 June 23, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20908
CF/
|
2004-06866 Sohan Singh, et al., appellants, v Whal Suck L. Ok, et al., defendants, Buono Contracting Company, Inc., respondent. (Index No. 11450/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 14, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20923
J/sl
|
2003-01365 John Stafford, respondent-appellant, v Viacom, Inc., defendant third-party plaintiff- respondent, 1515 Broadway Associates, L.P., etc., defendant second third-party plaintiff-respondent, et al., defendant; SCS Systems, Inc., third party-defendant/third third-party plaintiff appellant-respondent, et al., third-party defendants; Lehr Construction Corp., second third-party defendant appellant-respondent; LJB Services, Inc., second fourth-party plaintiff-respondent; Jovian Flooring, Inc., second fourth-party defendant appellant-respondent, et al., second fourth-party defendants. (Index No. 4691/96)
| ORDER ON APPLICATION |
Application by the defendant second third-party plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals and a cross appeal from an order of the Supreme Court, Queens County, dated January 21, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 4, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20895
R/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2003-09547, 2004-10483, 2004-10882 Scott Unger, respondent, v Theodore Leviton, appellant.
(Index No. 8213/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 1, 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.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20900
CF/
|
2004-04707 Clotilde Vague, et al., respondents, v Daniel Friedberg, et al., appellants. (Index No. 30180/00)
| 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 February 11, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20930
CF/
|
2004-10360 Christina J. Vegeto, appellant, v City of Newburgh, et al., respondents. (Index No. 8014/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 29, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20851
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-02647 Linda Weber, respondent, v Brooks Goss, et al., appellants. (Index No. 17607/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered February 13, 2004, in effect, to strike so much of the appellants' brief as raises issues regarding the affirmative defense of absolute privilege.
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 held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20881
CF/
|
2004-08130 Yew Prospect, LLC, et al., appellants, v Marcos Szulman, et al., respondents. (Index No. 8311/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 10, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20701
M/nal
|
2005-00429 In the Matter of Lathaniel B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David W. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of David W. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David W. (Anonymous), appellant, et al., respondent. (Proceeding No.2 ) (Docket Nos. N-1221-03, N-1222-03)
| SCHEDULING ORDER |
Appeal by David W. from an order of the Family Court, Suffolk County, dated December 20, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20856
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-09668 In the Matter of Beautiful Acres, Inc., et al., petitioners-respondents, v Planning Board of the Village of Hillburn, respondent; Mt. Fuji International, d/b/a Mt. Fuji Steakhouse, proposed-intervenor appellant. (Index No. 4872/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioners-respondents to dismiss an appeal by the proposed intervenor-appellant from an order of the Supreme Court, Rockland County, dated September 13, 2004, on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted; and it is further,
ORDERED that the motion is denied.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20925
S/sl
|
2004-05870
In the Matter of Gloria Blaize, respondent, v Joel L. Klein, et al., appellants.
(Index No. 27725/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated May 12, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20946
M/nal
|
2004-05238 In the Matter of Denise Bugdin, appellant, v James A. Bugdin, respondent. (Docket No. F-00979-03)
| SCHEDULING ORDER |
Appeal by Denise Bugdin from an order of the Family Court, Suffolk County, dated May 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 1, 2004, and the respondent's brief was served and filed on January 20, 2005. 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 serve and file a reply brief on the appeal is enlarged until February 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20950
M/nal
|
2005-00673 In the Matter of Mike Cartagena, appellant, v Marie E. Duenas, respondent. (Docket No. V-02055-04)
| SCHEDULING ORDER |
Appeal by Mike Cartagena from an order of the Family Court, Richmond County, dated December 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20873
M/nal
|
2005-00789 In the Matter of Daniel D. (Anonymous), respondent; Orange County Attorney, appellant. (Docket No. D-6530-04)
| SCHEDULING ORDER |
Appeal by Orange County Attorney from an order of the Family Court, Orange County, dated December 20, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20894
M/nal
|
2005-00778 In the Matter of Steven DiGiorgi, appellant, v Carolyn Buda, respondent. (Docket No. F-10330-04)
| SCHEDULING ORDER |
Appeal by Steven DiGiorgi from an order of the Family Court, Suffolk County, dated December 16, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20943
M/nal
|
2004-06091 In the Matter of Larisa L. Dubova, appellant, v Genrikh A. Lekumovich, respondent. (Docket No. O-24489/02)
| SCHEDULING ORDER |
Appeal by Larisa L. Dubova from an order of the Family Court, Kings County, dated June 2, 2004. By decision and order on motion of this court dated January 24, 2005, the following attorney was assigned as counsel on the appeal:
Helene Chowes, Esq.
20 Park Avenue - Apt. 8B
New York, New York 10016
(212) 431-9550
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 20 days after the date of this scheduling order, the assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20827
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-00168
In the Matter of Donnell H. (Anonymous), appellant. (Docket No. D-12705-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated December 15, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, The Legal Aid Society, Juvenile Rights Division, 199 Water Street, New York, New York 10038, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Robert J. Marinelli, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11201
(718) 624-9391
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
H. MILLER, J.P., COZIER, S. MILLER, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20865
A/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-07293 In the Matter of Esther M. Higgs-Green, etc., respondent, v James Higgs, appellant. (Proceeding No. 1) (Docket No. O-151/03) In the Matter of James Higgs, appellant, v Nanette Dixon, et al., respondents. (Proceeding No. 2) (Docket No. V-269/03)
| DECISION & ORDER ON MOTION |
Appeal by James Higgs from an order of the Family Court, Dutchess County, dated May 18, 2004. By order to show cause dated December 8, 2004, 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 decision and order on motion of this court dated October 27, 2004, which granted him leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 29, 2004.
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated October 27, 2004.
KRAUSMAN, J.P., MASTRO, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20913
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-09971 In the Matter of Devour R. Hodges, appellant, v Tyisha Hodges, respondent. (Docket Nos. V-4304-04, V-4620-04)
| DECISION & ORDER ON MOTION |
Appeal by Devour R. Hodges from an order of the Family Court, Nassau County, dated October 6, 2004. By order to show cause dated January 6, 2005, 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 November 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 23, 2004 (see 22 NYCRR 670.4[a][5]).
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20880
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-02135 In the Matter of Miriam Leyberman, respondent, v Lev Leyberman, appellant.
(Docket No. F-02308/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its scheduling order dated December 6, 2004, in the above-entitled matter is amended by (1) deleting from the first decretal paragraph thereof after the year "2005" the words "; and it is further," and (2) deleting the second decretal paragraph thereof.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20948
M/nal
|
2004-05363 In the Matter of Isabel M. (Anonymous), respondent, v Benigno P. (Anonymous), appellant. (Docket No. P-01618-03)
| SCHEDULING ORDER |
Appeal by Benigno P., by permission, from an order of the Family Court, Kings County, dated May 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 28, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20879
CF/
|
2004-07471, 2004-07472 In the Matter of Carla Novins, appellant, v Bernard Novins, respondent. (Docket No. F-04398-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from a decision of the Family Court, Richmond County, dated July 16, 2004, and an order of the same court, dated April 1, 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 of the Court
Appellate Division: Second Judicial Department
M20872
M/nal
|
2005-00734 In the Matter of Xavier Romeu, appellant, v Margarita Garcia, respondent. (Docket No. F-00624-00)
| SCHEDULING ORDER |
Appeal by Xavier Romeu from an order of the Family Court, Westchester County, dated December 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20882
E/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2003-11088 In the Matter of Anthony S. Sadowski, deceased. Joseph A.F. Sadowski, appellant; Josephine Buonocore, etc., et al., respondents. (File No. 328030)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue that branch of a prior motion which was for leave to strike the record on appeal from a decree of the Surrogate's Court, Nassau County, dated September 22, 2003, on the grounds, inter alia, that the record is incomplete and contains matters dehors the record, which was determined by decision and order on motion dated November 12, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to comply with this court's decision and order on motion dated November 12, 2004 is enlarged; on or before March 3, 2005, the appellant shall remove from all copies of the record on file with the court pages 8 through 14, and shall serve and file a supplemental record containing the entire transcript of the hearing which occurred on June 18, 2003, and settle the transcript of that hearing pursuant to CPLR 5525(c), if he has not done so already.
S. MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20944
M/nal
|
2004-03576 In the Matter of Amy Sarmuksnis, appellant, v Kevin Priest, respondent. (Docket No. O-2626-02)
| SCHEDULING ORDER |
Appeal by Amy Sarmuksnis from an order of the Family Court, Queens County, dated March 31, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 25, 2005. 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 of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M20921
CF/
|
2004-05685 In the Matter of Mary Angee Sosa, respondent, v Reinaldo Aybar, appellant. (Docket No. V-20654-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated March 23, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20863
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-09153
In the Matter of Marilyn Waaldijk-Howell, appellant, v Gordon E. Howell, respondent. (Docket No. O-22678-03)
| 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, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, entered September 20, 2004, and, in effect, to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that the motion is denied, with leave to renew on or before February 23, 2005, upon proof of service of the motion upon the appellant, and upon the appellant submitting proper papers establishing that she is entitled to poor person relief and is interested in pursuing the appeal.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20918
CF/
|
2004-09150 In the Matter of Johanne C. Walker, respondent, v Garth N. Henry, appellant. (Docket No. F-22623-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated September 20, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20888
M/nal
|
2005-00779, 2005-00817 In the Matter of Linda K. Walsh, respondent, v Louis Cacace, appellant. (Docket No. F-00441-99)
| SCHEDULING ORDER |
Appeals by Louis Cacace from two orders of the Family Court, Nassau County, both dated December 16, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M20866
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2002-10896 The People, etc., respondent, v Edward Brown, appellant. (Ind. No. 3339/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered November 22, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before March 3, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20939
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2001-00532 The People, etc., respondent, v Kurt Chilcott, appellant. (Ind. No. 46/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Dutchess County, rendered November 20, 2000.
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 4, 2005, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20910
PL/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2002-05517 The People, etc., respondent, v Allen Harper, appellant. (Ind. No. 7167/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated January 24, 2005, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered June 11, 2002, for leave to file a supplemental brief raising issues related to People v Davis (12 AD3d 456).
ORDERED that the motion is granted and on or before February 28, 2005, the appellant shall serve and file a supplemental brief raising issues related to People v Davis (12 AD3d 456).
KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M20935
F/
GLORIA GOLDSTEIN, J.
|
2004-11199 The People, etc., plaintiff, v Eddie Jackson, defendant. (Ind. No. 3668/85)
| 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 November 17, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M20914
CF/
|
2004-03056 The People, etc., respondent, v Courtney Massias, appellant. (Ind. No. 03-00922)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, rendered March 9, 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20901
CF/
|
2004-04917 The People, etc., respondent, v Herby Perez, appellant. (Ind. No. 7698/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered May 18, 2004.
Upon the stipulation of the parties, dated January 20, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court