Appellate Division: Second Judicial Department
M20963
O/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
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2003-03697 James Abenante, et al., respondents, v Star Gas Corporation, d/b/a Coleman Gas Service, appellant. (Index No. 6525/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Orange County, entered March 26, 2003, which was determined by decision and order of this court dated December 13, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., FLORIO, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20978
S/sl
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2004-05588
Katherine Angwin, appellant, v SRF Partnership, LP, et al., respondents. (Index No. 3050/97)
| ORDER ON APPLICATION |
Application by the respondent Infinite Access & Locksmith pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated May 26, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 25, 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
M20977
S/sl
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2004-04952
Matteo Bevilacqua, et al., respondents, v Flatbush Volunteers Hatzoloh, Inc., appellant, et al., defendants. (Index No. 10761/01)
| 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, Kings County, dated April 30, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 25, 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
M20999
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-10538 Alison Botti, etc., et al., respondents, v Seaford Harbor Elementary School District 6, et al., appellants. (Index No. 5149/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the jury selection and trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 27, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the jury selection and trial in the above-entitled action are stayed, pending hearing and determination of the appeal.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20964
CF/
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2004-06507 Breen Belgium BVBA, et al., respondents, v International Foreign Currency, Inc., et al., appellants. (Index No. 16010/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated June 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20990
CF/
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2004-07439 Bruce Carley, et al., respondents, v Klein Communication, Inc., et al., defendants, Chabad of Great Neck, Inc., appellant. (Index No. 3117/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated June 25, 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
Appellate Division: Second Judicial Department
M20986
O/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-06111 Sean Casey, plaintiff-appellant, v Paul Ruffino, et al., defendants; Decolator, Cohen & DiPrisco, LLP, nonparty-appellant; Lysaght, Lysaght and Kramer, P.C., et al., nonparty- respondents. (Index No. 044010/96)
| DECISION & ORDER ON MOTION |
Motion by the nonparty respondent Lysaght, Lysaght & Kramer, P.C., for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 9, 2003, which determined an appeal from a judgment of the Supreme Court, Kings County, entered December 23, 2002.
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, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21025
L/
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-07539 Michelle I. Coniker, appellant, v State of New York, respondent. (Claim No. 86901)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Court of Claims, dated July 24, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 4, 5, and 6, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., COZIER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21026
L/
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2004-02795 Michelle Coniker, respondent, v State of New York, appellant.
(Claim No. 86901)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Court of Claims, dated March 10, 2004.
Upon the stipulation of the parties, dated January 4, 5, and 6, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20953
CF/
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2004-08880 Contimortgage Corp., plaintiff-respondent, v Felicita DeJesus, et al., defendants; Sprint Equities (NY), Inc., nonparty-appellant. (Index No. 5405/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated 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
M20951
CF/
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2004-07842 Jose Lucas Depaz, plaintiff-respondent, v Mary A. Letteri, et al., defendants, Jacobsen-A Textron Company, et al., defendants-appellants. (Index No. 11574/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Jacobsen-A Textron Company and Textron, Inc. to withdraw an appeal from an order of the Supreme Court, Nassau 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 by Jacobsen-A Textron Company and Textron, Inc. is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21021
J/sl
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2004-06175 Equity One, Inc., respondent, v Paul Leacock, et al., appellants. (Index No. 41856/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 28, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 14, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20952
CF/
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2004-06794 Michael Ernest, et al., appellants, v Pleasantville Union Free School District, et al., respondents (and a third-party action). (Index No. 740/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 30, 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
M20954
CF/
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2004-08387 Salvatore Esposito, appellant, v Jeanne T. Dyche, et al., respondents. (Index No. 18973/03)
| 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 August 2, 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
M21031
Y/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2004-04073 Michael Esposito, appellant, v SPA Nightclub, et al., respondents. (Index No. 9039/02) | 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, entered April 28, 2004.
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 it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20970
CF/
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2004-07794 James H. Fine, etc., et al., respondents, v Westchester County Medical Center, et al., defendants, Charles E. McGowan, etc., appellant. (Index No. 14548/00)
| 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 August 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
M20973
CF/
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2004-07032 Fleet Bank National Association, plaintiff- respondent, v Eric Harris, et al., defendants, AAA Prestige Homes, appellant. (Index No. 8344/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated April 5, 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
Appellate Division: Second Judicial Department
M20974
S/sl
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2004-06763
Arlene Friedenberg, appellant, v 31 Calvary Drive Corp., et al., respondents. (Index No. 8331/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated July 1, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 31, 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
M20965
CF/
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2004-07828 Guo Jin Lin, appellant, v Old Dominion Freight Line, Inc., et al., respondents. (Index No. 25089/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated June 21, 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
Appellate Division: Second Judicial Department
M21002
J/sl
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2004-04114
H.L. & F.H. Realty Corporation, plaintiff- respondent, v Gulf Insurance Company, et al., appellants, Kreiner Company, Inc., et al., defendants-respondents. (Index No. 1599/01)
| 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, Orange County, dated March 24, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20979
Y/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2003-01595 Mary Elizabeth Haggerty, etc., appellant, v Wyeth Ayerst Pharmaceuticals, etc., et al., respondents, et al., defendant. (Index No. 31436/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent Edward Reilly for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 17, 2003, which was determined by decision and order of this court dated October 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20994
CF/
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2004-09187 Mirelle Harizate, et al., respondents, v Amparo Graf, appellant, et al., defendants. (Index No. 27980/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, entered August 30, 2004.
Upon the stipulation of the parties, dated January 25, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20968
CF/
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2004-06664 George Heinrich, respondent, v Cathy Livigni, et al., appellants. (Index No. 25982/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 18, 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
M20969
CF/
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2004-06666 George Heinrich, respondent, v Cathy Livigni, et al., appellants. (Index No. 25982/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 18, 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
M20967
J/sl
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2004-06255 Sofia Herrera, et al., respondents, v Carlisle St. Martin, et al., appellants, et al., defendants. (Index No. 22418/94)
| ORDER ON APPLICATION |
Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, dated June 1, 2004.
ORDERED that the applications are granted and the appellants' time to perfect their respective appeals is enlarged until March 28, 2005, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21038
R/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-06475 Paschelle Holder, etc., et al., respondents, v Betty J. Brown, appellant, et al, defendants.
(Index No. 21349/02)
| 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, Queens County, dated May 19, 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.
SANTUCCI, J.P., KRAUSMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20958
CF/
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2004-04748 Manoochehr Homayoon, et al., respondents, v Exchange Ambulance Corporation of Islips, et al., appellants. (Index No. 11715/01)
| 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 April 28, 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
M20940
C/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
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2004-08869 Eudora Hull, appellant, v Ingrid Thomas, respondent. (Index No. 15532/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, inter alia, for leave to reargue a motion, among other things, to stay enforcement of an order of the Supreme Court, Kings County, dated September 16, 2004, pending hearing and determination of an appeal therefrom, which was determined by decision and order on motion dated November 23, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21015
R/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
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2004-04558 Chaudhry Hussain, respondent, v Peter Wang, et al., appellants.
(Index No. 10876/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 12, 2004.
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., SCHMIDT, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20972
CF/
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2004-08391 Sofia Klempner, respondent, v Felix Winirski, et al., defendants, Serge Elevator Company, Inc., appellant. (Index No. 43811/04)
| 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 June 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
M21029
E/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2005-00095 Maureen Kolmel-Hayes, et al., respondents- appellants, v South Shore Cruise Lines, Inc., et al., appellant-respondent, Nautical Cruise Lines, Inc., et al., respondents.
(Index No. 12291/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated November 5, 2004, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21006
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
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2004-08325, 2004-11285 Linda Kornblum, respondent, v Michael Kornblum, appellant. (Index No. 19104/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, entered September 23, 2004, and December 10, 2004, respectively, and for a preference in the calendaring 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.
FLORIO, J.P., SCHMIDT, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21005
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2005-00421 Laundry City, LLC, etc., et al., respondents, v AAL Holdings, LLC, et al., appellants.
(Index No. 27171/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enjoin the respondents from allegedly violating certain operating agreements entered into by the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 15, 2004.
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., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20956
CF/
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2004-09980 Lei Wen, respondent, v Joan D. Cetin, appellant. (Index No. 8035/03)
| 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 October 18, 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
M20960
CF/
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2004-08881 Jesus Lucero, respondent, v Melao Social Club, Inc., et al., appellants. (Index No. 25267/03)
| 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 September 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
M20998
S/sl
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2004-04054 Anthony Manceri, et al., appellants, v Michael M. Bowe, et al., respondents. (Index No. 26037/01)
| DECISION & ORDER ON APPLICATION |
Application by the respondent Michael M. Bowe 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 March 31, 2004.
ORDERED that the application is granted and the movant's brief shall be served and filed on or before February 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21018
J/sl
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2004-06558
Carlos Martinez, et al., respondents-appellants, v City of New York, defendant, Board of Education of City of New York, et al., appellants-respondents. (Index No. 32571/00)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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 it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until March 16, 2005, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' 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
M21027
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-00673 Robert McBride, etc., et al., respondents, v Anthony Mancuso, et al., appellants. (Index No. 9233/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from an order of the Supreme Court, Suffolk County, dated December 23, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 14, 2005.
ORDERED that the application is granted and the appeals are 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
M20961
CF/
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2004-09885 Medal of Honor Homes, Ltd., plaintiff- appellant, v Mark E. Huber, et al., defendants- respondents. (Index No. 1771/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated September 27, 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
M21016
J/sl
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2004-06359 Dawn Marie Monaco, plaintiff-respondent, v Idex Corporation, d/b/a Knight Idex, appellant- respondent, Amerikem Laboratories, Ltd., defendant third-party plaintiff-respondent-appellant; Envirochem, Inc., third-party defendant-respondent. (Index No. 13666/99)
| 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, Richmond County, dated May 24, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until March 15, 2005, and the joint record or joint appendix on 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 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]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20942
O/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-00902 Vincent Moscato, etc, et al., respondents, v City of New York, et al., defendants, Antonio Urgese, et al., appellants. (Index No. 28268/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 8, 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.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20962
CF/
|
2004-10501 New York University Hospital Tisch Institute, a/a/o David Kasin, et al., appellants-respondents, v Allstate Insurance Company, respondent-appellant. (Index No. 5458/04)
| 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 September 30, 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
M21010
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-08854 Noble Drew Ali Plaza Housing Corp., appellant, v New Lots Plaza, LLC, respondent. (Index No. 12614/04)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a transcript of the Supreme Court, Kings County, dated September 28, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21068
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09761 Jerold Probst, appellant, v Yaakov Bender, respondent.
(Index No. 7841/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on application dated January 26, 2005, in the above-entitled case is amended by deleting from the decretal paragraph thereof the date "January 31, 2005," and substituting therefor the date "February 1, 2005"
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21050
J/sl
|
2004-06924 Gloria Quinn, respondent, et al., plaintiff, v City of New York, appellant. (Index No. 12975/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 24, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21048
L/
|
2004-04014
Sandra Jo Ramsey, et al., appellants, v Good Samaritan Hospital, et al., respondents. (Index No. 23703/96)
| 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 March 19, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M20981
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-10155 Roseann Ricca, plaintiff-respondent, v Joseph Valenti, defendant-respondent, Sandra Valenti, appellant. (Index No. 2534/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated October 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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
M20959
CF/
|
2004-08511 Inna Rimskaya, appellant, v 64th Apartment Corporation, et al., respondents. (Index No. 8039/01)
| 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 August 31, 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
M20971
CF/
|
2004-10139 Joan Scialo, et al., respondents, v Paul Tagliareni, etc., defendant, Barry Arnold, etc., appellant (and a third-party action). (Index No. 4914/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated October 19, 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
M20957
CF/
|
2004-09714 Monica Sender, et al., respondents, v Robert S. Lesser, appellant. (Index No. 26531/02)
| 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 September 15, 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
M21033
J/sl
|
2004-09177 Sherri Smith, et al., respondents, v Dariush Zargaroff, etc., et al., defendants, Paul Cutrofello, etc., appellant. (Index No. 1613/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 15, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 25, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20976
S/sl
|
2004-06348
Faiga Teitelbaum, appellant, v Private Transportation Corp., respondent. (Index No. 29826/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 23, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 23, 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
M21046
O/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2005-00345 Total Concept Auto Repair, Inc., appellant, v Diane Rossiter, etc., respondent. (Index No. 12374/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated June 8, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21003
A/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-03195 Luz Volpe, et al., appellants, v Joel Cortes, etc., et al., respondents.
(Index No. 11798/03)
| DECISION & ORDER ON MOTION |
Motion by the New York State Dental Association for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Richmond County, dated March 11, 2004.
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.
SANTUCCI, J.P., KRAUSMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20966
CF/
|
2004-06231 Herbie White, respondent, v B & P Auto Service, Inc., et al., appellants. (Index No. 2316/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants R & S Parts & Service, Inc., R & S Strauss, Inc., and Strauss Discount Auto, Inc., to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 30, 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 by R & S Parts & Service, Inc., R & S Strauss, Inc., and Strauss Discount Auto, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21052
O/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2003-10783 In the Matter of Brittney (Anonymous). Lisa Z. (Anonymous), et al., respondents; Frederick C. (Anonymous), appellant. (Proceeding No. 1)
(Docket No. A-2745-03) 2004-01792 In the Matter of Lisa Z. (Anonymous), et al., respondents v Frederick C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. V-4863-96)
| DECISION & ORDER ON MOTION |
Motion by Martin C. Prinner, counsel assigned to represent the appellant in proceedings before the Family Court, Dutchess County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Dutchess County, dated November 3, 2003, and January 29, 2004, respectively, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied with leave to renew, on or before February 13, 2005, upon proof of proper service of the motion on the appellant, and upon submission by the appellant of proper papers establishing his entitlement to poor person relief and that he is interested in pursuing the appeal.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20975
O/sl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-06121 In the Matter of Alice Baker, et al., respondents, v Board of Education, et al., appellants. (Action No. 1) (Index No. 3771/03) In the Matter of Katheryn Valentino, respondent, v Board of Education, et al., appellants. (Action No. 2) (Index No. 5117/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Dutchess County, dated May 26, 2004, to enlarge the record to include collective bargaining agreements between the parties.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20949
S/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2004-09520, 2004-09620 In the Matter of Alexis C. (Anonymous). Administration for Children's Services, respondent; Damien N., (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Cheyenne C. (Anonymous). Administration for Children's Services, respondent; Damien N., (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Justin N. (Anonymous). Administration for Children's Services, respondent; Damien N. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-15008-01, N-15009-01, N-15010-01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 24, 2005, in the above-entitled matter is amended by adding to the decretal paragraph thereof after the words "leave to renew", the following: "on or before February 13, 2005,".
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21030
F/
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-09670 In the Matter of Crystalee C. (Anonymous). Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Jylissa C. (Anonymous). Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. B-2740-04, B-2741-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated October 4, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian Gilbert A. Taylor, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, 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 children:
Todd Kadish, Esq.
PMB #2264
1412 Avenue M
Brooklyn, New York 11230
FLORIO, J.P., SCHMIDT, RIVERA, LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21043
O/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2003-09685, 2004-02437 In the Matter of William H. Christian, appellant, v Uniform Holdings, LLC, et al., respondents. (Index No. 20048/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, dated October 2, 2003, and January 30, 2004, respectively.
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's time to serve and file a reply brief is enlarged until February 9, 2005, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20519
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-03758, 2004-03761, 2004-03762 In the Matter of Fatima Iaisha D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jihad Born D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Karif Abdul Malik D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-265-02, B-266-02, B-267-02)
| DECISION & ORDER ON MOTION |
Appeals by Kathy B. from three orders of the Family Court, Richmond County, all dated March 3, 2004. By order to show cause dated November 22, 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 appeals in the above-entitled proceedings for failure to comply with a decision and order on motion of this court dated September 2, 2004, which denied her motion for leave to prosecute the appeals as a poor person with leave to renew on or before November 3, 2004.
On the court's own motion, and on the papers filed in relation thereto, it is
ORDERED that the motion is denied, and the order dated September 2, 2004, is amended to provide that the appellant's time to renew her motion for leave to prosecute the appeals as a poor person and for the assignment of counsel in the above-entitled proceedings is enlarged until February 18, 2005.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20947
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-06623, 2004-09321
In the Matter of Carl F. (Anonymous), appellant. (Docket No. D-00433-04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 28, 2004, in the above-entitled matter is amended by deleting from the preamble thereof the words "an appeal from an order of the Family Court, Queens County, dated April 21, 2004", and substituting therefor the words "appeals from two orders of the Family Court, Queens County, dated April 21, 2004, and June 29, 2004, respectively,".
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21034
F/
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-10351 In the Matter of Soraya Farnam, respondent, v Albert Afrahim, appellant. (Docket No. O-10811-04)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated November 17, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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 assigned counsel. Assigned 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Steven P. Forbes, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 791-8444
and it is further,
ORDERED that the assigned 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 (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., SCHMIDT, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21028
F/
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-03253, 2004-05793 In the Matter of George Gittens, appellant, v Michele Chinon, respondent. (Docket No. V-10179-00)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend appeals from two orders of the Family Court, Kings County, dated March 9, 2004, and June 22, 2004, respectively, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defendant the appeals:
Pauline E. Braun, Esq.
43 Edgewood Road
Valley Stream, New York 11582-0009
(516) 872-4080
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
FLORIO, J.P., SCHMIDT, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20996
CF/
|
2004-07747 In the Matter of Annie Hadley, a/k/a Annie Grace Hadley, a/k/a Grace Hadley, deceased. Priscilla Stevens, appellant; John Stevens, Sr., respondent. (File No. 7747/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Queens County, dated July 30, 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
M21008
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00411 In the Matter of Paula Hiciano, respondent, v Tony Stevens, appellant. (Docket Nos. V-24674-04, V-31447-04)
| DECISION & ORDER ON MOTION |
Appeal by Tony Stevens from an order of the Supreme Court, Kings County, dated December 14, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112), and leave to appeal has not been granted.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20991
O/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-00099 In the Matter of Alexander Moore, et al., petitioners, v Michael F. Mullen, etc., respondent. (Index No. 2153/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioners in a proceeding pursuant to CPLR article 78 in the nature of prohibition, inter alia, to stay all proceedings in the actions entitled People v Moore, People v Prospect, and People v Myers, pending in the Supreme Court, Suffolk County, under Indictment Nos. 1010-04, 2153-04, and 2354-04, respectively, pending hearing and determination of the above-entitled proceeding.
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 to stay all proceedings in the actions entitled People v Moore, People v Prospect, and People v Myers, pending in the Supreme Court, Suffolk County, under Indictment Nos. 1010-04, 2153-04, and 2354-04, respectively, is granted and all proceedings in the actions entitled People v Moore, People v Prospect, and People v Myers, pending in the Supreme Court, Suffolk County, under Indictment Nos. 1010-04, 2153-04, and 2354-04, respectively, are stayed pending hearing and determination of the above-entitled proceeding; and it is further,
ORDERED that the motion is otherwise denied.
KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21036
J/sl
|
2004-10374 In the Matter of Norman Morey, petitioner, v Somers Central School District, respondent. (Index No. 7271/04)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding that was transferred to this court by order of the Supreme Court, Westchester County, dated June 15, 2004.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until February 16, 2005, and the record or appendix on the proceeding and the petitioner'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
M20542
M/nal
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08257 In the Matter of Constance P. (Anonymous), petitioner-respondent, v Avram G. (Anonymous), a/k/a Avraam G. (Anonymous), respondent; Nikos G. (Anonymous), nonparty-appellant. (Docket No. P-14826-03)
| DECISION & ORDER ON MOTION |
Appeal by Nikos G. from an order of the Family Court, Queens County, dated August 13, 2004. By order to show cause dated December 22, 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 scheduling order dated October 12, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that 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 February 28, 2005.
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21035
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-09764 In the Matter of Deanna R. (Anonymous). Suffolk County Department of Social Services, respondent; Sharon R. (Anonymous), appellant. (Docket No. N 14469-03)
| DECISION & ORDER ON MOTION |
Appeal by Sharon R. from an order of the Family Court, Suffolk County, dated October 8, 2004. By order to show cause dated December 21, 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 scheduling order dated November 12, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20985
Y/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
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2004-02604 In the Matter of William Seals, petitioner, v Brion Fischer, respondent. (Index No. 9533/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated December 4, 2003.
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 granted, and it is further,
ORDERED that the petitioner's time to perfect the proceeding 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 29, 2005; and it is further,
ORDERED that no further enlargements of time will be granted.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21078
F/
BARRY A. COZIER, J.P.
SONDRA MILLER
FRED T. SANTUCCI
STEVEN W. FISHER, JJ.
|
2003-02464 The People, etc., respondent, v Lessie Anderson, appellant. (Ind. No. 7502/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an
appeal from a judgment of the Supreme Court, Kings County, rendered May 21, 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 shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before February 28, 2005.
COZIER, J.P., S. MILLER, SANTUCCI, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21019
R/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2000-07464 The People, etc., respondent, v Moses James, appellant. (Ind. No. 12129/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered December 16, 1999, which was determined by decision and order of this court dated May 28, 2002, to be provided with a copy of the transcript of the trial proceedings in the above-entitled action.
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., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21017
R/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-04728 The People, etc., respondent, v Frank LaPetina, appellant. (Ind. No. 540/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered May 17, 2004, and to continue the provisions of the decision and order on motion of this court dated June 3, 2004, issued pursuant to CPL 530.40, as extended by decision and order on motion of this court dated September 23, 2004, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal 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 May 31, 2005; and it is further,
ORDERED that the motion is otherwise denied (see CPL 530.45[5]).
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20864
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-03714 The People, etc., respondent, v William Riley, a/k/a Ajamu Olutosin, appellant. (Ind. No. 5308/85)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a resentence of the Supreme Court, Queens County, rendered April 15, 2004.
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 shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before March 14, 2005.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
William Riley, a/k/a Ajamu Olutosin
87-B-0363
Attica Correctional Facility
Box 149
Attica, New York 14011
Appellate Division : Second Judicial Department
M20622
F/
ANITA R. FLORIO, J.
|
2004-07019 The People, etc., plaintiff, v Rehman Sadruddin, defendant. (Ind. No. 499/90)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 19, 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.
ANITA R. FLORIO
Associate Justice