APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7320
S/sl
|
2003-06391 Ramon Almonte, et al., respondents, v Western Beef, Inc., appellant, et al., defendants. (Index No. 8394/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 10, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7263
O/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-08995 Adam Alvarez, plaintiff-respondent, v Masaryk Towers Corporation, defendant-appellant, Shawn Reynolds, et al., defendants-respondents; Robert Morgenthau, etc., nonparty-appellant. (Index No. 12339/97)
| DECISION & ORDER ON MOTION |
Motion by the defendant-appellant to recall and vacate so much of a decision and order on motion of this court dated June 2, 2003, as amended January 6, 2004, as dismissed its appeal from an order of the Supreme Court, Queens County, dated August 23, 2002, and for leave to withdraw its appeal.
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 so much of the decision and order on motion of this court dated June 2, 2003, as amended January 6, 2004, as dismissed the defendant-appellant's appeal, is recalled and vacated; and it is further,
ORDERED that the defendant-appellant's appeal is deemed withdrawn, without costs or disbursements.
RITTER, J.P., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7293
PL/sl
|
2003-10859 Domenico Apicella, et al., respondents, v Matthew Yacobellis, et al., appellants. (Index No. 8247/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Nassau County, dated October 28, 2003.
ORDERED that the application is granted and the respondents' time to file a brief is enlarged until February 23, 2004, and the respondents' brief must be filed on or before that date; and it is further,
ORDERED that the appellants' time to serve and file a reply brief is enlarged until March 3, 2004, and the appellants' reply brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7312
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-03530, 2003-07991 Derek Armstrong, et al., respondents, v Caliber One Insurance Company, appellant. (Index No. 3846/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Nassau County, entered March 12, 2003, and August 20, 2003, respectively, to vacate a stay of enforcement of the order entered August 20, 2003, which was granted by decision and order on motion of this court dated September 30, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7241
PL/sl
|
2003-03406 Michael Baione, respondent, v Central Suffolk Hospital, et al., defendants, Stuart Forman, et al., appellants. (Index No. 18430/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 21, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 1, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7286
J/sl
|
2003-05037 Joseph Cohen, appellant, v City of New York, et al., respondents. (Index No. 40770/96)
| 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 March 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 11, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7315
CF/
|
2002-11308 Connect Wireless, Inc., respondent, v Nextel of New York, Inc., d/b/a Nextel Communications, appellant. (Index No. 5211/02)
| 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 October 15, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7323
S/sl
|
2003-04925 April Davella, respondent, v Mark Davella, appellant. (Index No. 18499/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 9, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7271
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09718 Roy DeSantis, et al., appellants, v Ariens Company, respondent. (Index No. 13206/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a jury verdict embodied in an extract of the trial minutes of the Supreme Court, Richmond County, dated October 1, 2003, on the ground that the matter has been settled.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from a jury verdict embodied in an extract of the trial minutes (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591; Wilson v Schindler Haughton Elevator Corp., 118 AD2d 777); and it is further,
ORDERED that the motion is denied as academic.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7284
PL/sl
|
2003-06531 Connie Desena, appellant, v 85 Livingston Tenant's Corp., et al., respondents. (Index No. 15937)
| ORDER ON APPLICATION |
Application by the respondent Gold's Gym pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 20, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until March 5, 2004, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7253
J/sl
|
2003-05879 Duratech Industries, Inc., respondent-appellant, v Continental Insurance Company, et al., appellants-respondents, et al., defendants. (Appeal No. 1) 2003-06792 Duratech Industries, Inc., respondent, v Continental Insurance Company, et al., appellants, et al., defendants. (Appeal No. 2) (Index No. 26189/98)
| ORDER ON APPLICATION |
Application by Continental Insurance Company, Kansas City Fire and Marine Insurance Company, and Valley Forge Insurance Company, appellants in Appeal No. 2 and appellants-respondents in Appeal No. 1 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated May 12, 2003, and June 11, 2003, respectively.
ORDERED that the application is granted and the time to perfect the respective appeals is enlarged until February 4, 2004, and the joint record or joint appendix on the appeals and the parties' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7283
M/mv
|
2003-06800 Martin A. Halpern, respondent-appellant, v Goldstein & Halpern, C.P.A., et al., appellants-respondents. (Index No.140/95)
| 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 and judgment (one paper) of the Supreme Court, Rockland County, dated June 23, 2003.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until February 6, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7313
CF/
|
2003-04727 Sebastian Lattuga, etc., appellant, v Harvey Orlin, etc., et al., respondents. (Index No. 1636/03)
| 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 February 6, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7275
PL/sl
|
2003-04884 Peter K. Ledwith, respondent, v Gideon Raviv, appellant, et al., defendant. (Index No. 13403/01)
| 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 28, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 11, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7318
CF/
|
2003-06915 New York Schools Insurance Reciprocal, respondent, v Gugliotti Associates, Inc., et al., appellants. (Index No. 10170/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant MVM Contracting Corp. to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 1, 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 MVM Contracting Corp. is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7319
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-11236 Robert Plan Corporation, et al., appellants, v Perot Systems Corporation, respondent. (Index No. 17012/03)
| DECISION & ORDER ON MOTION |
Motion by Joseph A. Cancila, Jr., and Clay A. Tillack, attorneys in good standing in the State of Illinois, to be admitted pro hac vice to represent the respondent on an appeal from an order of the Supreme Court, Nassau County, entered December 19, 2003
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7314
CF/
|
2003-06743 Antonio Roseto, et al., respondents, v Five Star Electric Corp., appellant. (Index No. 18643/01)
| 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 July 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7244
PL/sl
|
2003-06996 Maciej Sadowski, respondent, v Rip Construction Consultants, Inc., defendant, Houston Essex Realty Corp., et al., appellants. (Index No. 4250/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 16, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 31, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7316
CF/
|
2003-10563 Pamela N. Valente, respondent, v Manuel A. Valente, appellant. (Index No. 6331/03)
| 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 October 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7207
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-02835 Luis Zhuzhingo, plaintiff respondent-appellant, v State Bank and Trust Company, et al., defendants third-party plaintiffs-appellants-respondents, 38-50 Realty Corp., defendant third-party defendant- appellant-respondent, AG&G Construction Corp., defendant-appellant-respondent, Anthony I. Pilavas, defendant third-party defendant-appellant-respondent, Waves Car Wash, et al., defendants-respondents (and a related action). (Index No. 200/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent AG&G Construction Corp., and separate motion by the appellants-respondents State Bank and Trust Company and CitiCorp Leasing, Inc., to enlarge the time to perfect their respective appeals from an order of the Supreme Court, Queens County, dated February 19, 2003.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that the time for the appellant-respondent AG&G Construction Corp., and the appellants-respondents State Bank and Trust Company and CitiCorp Leasing, Inc., to perfect their respective appeals is enlarged until February 9, 2004, and the movants' respective briefs shall be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before March 9, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondents shall serve and file their brief on or before April 9, 2004; and it is further,
ORDERED that the appellants-respondents AG&G Construction Corp. and Anthony I. Pilavas shall serve and file their reply briefs on or before May 10, 2004; and it is further,
ORDERED that the appellants-respondents State Bank and Trust Company and Citicorp Leasing, Inc., shall serve and file their reply brief, including any response to issues raised on the appeal by 38-50 Realty Corp., on or before May 10, 2004; and it is further,
ORDERED that the appellant respondent 38-50 Realty Corp. shall serve and file its reply brief, including any response to the issues raised on the appeal by State Bank and Trust Company and Citicorp Leasing, Inc., on or before May 10, 2004; and it is further,
ORDERED that the respondent-appellant shall serve and file his reply brief on or before May 25, 2004; and it is further,
ORDERED that the appellants-respondents State Bank and Trust Company and Citicorp Leasing, Inc. shall serve and file a reply brief, if any, answering the response of the appellant-respondent 38-50 Realty Corp. on or before May 25, 2004, and the appellant respondent 38-50 Realty Corp. shall serve and file a reply brief, if any, answering the response of the appellants-respondents State Bank and Trust Company and Citicorp Leasing, Inc., on or before May 25, 2004.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7292
M/mv
|
2003-03248 In the Matter of Shavar B. (Anonymous). Administration for Children's Services, respondent; Wayne M. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-14968-99) 2003-03249 In the Matter of Kimberly B. (Anonymous). Administration for Children's Services, respondent; Wayne M. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-14969-99) 2003-03251 In the Matter of Bryton B. (Anonymous). Administration for Children's Services, respondent; Wayne M. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-14970-99)
| SCHEDULING ORDER |
Appeals by Wayne M. from three orders of the Family Court, Queens County, all dated November 6, 2002 (one in each proceeding). Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is ORDERED that the time of the law guardian to serve and file its brief on the appeals is enlarged until February 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7317
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2004-00052
In the Matter of Hilary Best, appellant, v Steven W. Paynter, etc., respondent.
(Index No. 30023/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, dated January 5, 2004, inter alia, for leave to prosecute the appeal as a poor person and to stay enforcement of the judgment pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied with leave to renew upon proper papers, including an affidavit setting forth the appellant's full financial situation; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7321
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2004-00315 In the Matter of Jacqueline Biggio, petitioner, v Lawrence Biggio, respondent. (Docket Nos. O-15024/03)
| DECISION & ORDER ON MOTION |
Motion by Lawrence Biggio for, among other relief, leave to appeal to this court from an order of the Family Court, Nassau County, dated December 18, 2003, and a stay of enforcement of the order pending the hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that Lawrence Biggio shall 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 on or before February 20, 2004; and it is further,
ORDERED that Jacqueline Biggio's brief must be served and filed on or before March 5, 2004, and the reply brief must be served and filed on or before March 12, 2004, and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7151
M/mv
|
2000-05521, 2000-05523, 2000-05525 In the Matter of Desiree C. (Anonymous). Administration for Children's Services, respondent; Patrick D. (Anonymous), appellant. (Docket Nos. N-23149-50/98)
| SCHEDULING ORDER |
ORDERED that the scheduling order of this court dated January 22, 2004, is recalled and vacated, and the following scheduling order is substituted therefor:
Appeals by Patrick D. from three orders of the Family Court, Kings County, one dated January 14, 2000, and two dated May 23, 2000. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until February 27, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7274
O/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-08421 In the Matter of Allen J. Gormely, Sr., deceased. Allen J. Gormely, Jr., petitioner; Eleanor Barrack, et al., respondents. (Index No. 241/00)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, and cross motion by the respondent Michael H. Feinberg to dismiss the proceeding.
Upon the papers filed in support of the motion and the cross motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]); and it is further,
ORDERED that the cross motion is held in abeyance pending receipt of the filing fee.
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7206
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-07547
In the Matter of Harry R. Hall, appellant, v Leroy Ladson, respondent. (Docket Nos. V-21712-02, V-21722-02/03B)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated August 12, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defend the appeal:
Frank A. Buono, Esq.
217 25th Street
Brooklyn, New York 11232
(718) 768-3000
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.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7145
M/mv
|
2003-04249, 2003-04955 In the Matter of Luisa Holden, appellant, v Clive Cardozo, respondent. (Docket No. V-3789-99)
| SCHEDULING ORDER |
Appeals by Luisa Holden from two orders of the Family Court, Suffolk County, entered June 7, 2002, and May 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 26, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed on or before February 25, 2004.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7227
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-11468 In the Matter of Joseph Anthony Kelly, a/k/a Joseph A. Kelly. Susan E. Kelly, petitioner-respondent; Commack Cemetary, Inc., respondent, Michael Kelly, etc., et al., appellants.
(Index No. 4052/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 15, 2003, pending hearing and determination of an appeal therefrom, and cross motion by the petitioner-respondent to dismiss the appeal, or, in the alternative, to direct the appellants to perfect the appeal by a date certain as a condition of any stay which may be granted.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are granted to the extent that enforcement of the order dated December 15, 2003, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 27, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 27, 2004, the court, on its own motion, may vacate the stay, or the petitioner-respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion and the cross motion is otherwise denied; and it is further,
ORDERED that, on the court's own motion, the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other (see CPLR 1101[e]).
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7311
CF/
|
2003-10388 In the Matter of Florentino R. (Anonymous), Jr. Administration for Children's Services, appellant; Kristina R. (Anonymous), et al., respondents. (Docket No. N-7856-03)
| 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 October 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7310
CF/
|
2003-09058 In the Matter of Philomena Simonelli, respondent, v County of Nassau, appellant. (Index No. 8218/03)
| 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 September 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7204
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09155 In the Matter of Khierk T. (Anonymous). Child Development Support Corporation, et al., respondents; Nabila T. (Anonymous), et al., appellants. (Docket No. B-3548-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant Nabila T. on appeals from an order of the Family Court, Queens County, dated August 29, 2003, for leave to prosecute her appeal 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 in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court for Nabila T., 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 appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the counsel for Nabila T., 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 the respondents and the Law Guardian, if any, when counsel serves Nabila T.'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 on behalf of Nabila T.:
Larry B. Margolis, Esq.
305 Broadway #602
New York, New York 10007
(212) 267-6659
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal on behalf of Nabila T. 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 appeals are taken.
SMITH, J.P., GOLDSTEIN, H. MILLER, and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7285
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
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2003-07178 In the Matter of Luis Torres, appellant, v Glenn Goord, etc., respondent. (Index No. 3902/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, for leave to reargue a motion for poor person relief, which was determined by decision and order on motion of this court dated November 6, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed for failure to perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]) and the order dated November 6, 2003; and it is further,
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7272
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2001-00747 The People, etc., respondent, v Denzel Allen, appellant. (Ind. No. 11281/99)
| 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, Queens County, rendered January 5, 2001, and, in effect, to enlarge the judgment roll to include the minutes of an alleged lineup proceeding that was conducted on October 22, 1999 and the minutes of proceedings which occurred before the Supreme Court, Queens County, on June 5, 2000, if available.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and, in effect, to enlarge the judgment roll to include the minutes of a proceeding held before the Supreme Court, Queens County, on June 5, 2000, if available, are granted; and it is further,
ORDERED that the decision and order on motion of this court dated April 2, 2001, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceeding held before the Supreme Court, Queens County, on June 5, 2000, if they are available; and it is further,
ORDERED that the stenographer is directed to make, certify and file the above-noted minutes within 45 days of the date of this decision and order on motion, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcript shall be returned to this court when the appellant files his supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of the minutes of the proceeding held on June 5, 2000, for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof and deliver the same to the Clerk of this court; 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 May 3, 2004; and it is further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7279
F/
GLORIA GOLDSTEIN, J.
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2003-10923 The People, etc., plaintiff, v Daniel Edell, defendant. (Ind. No. 2612/00)
| 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 County Court, Nassau County, dated November 19, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GLORIA GOLDSTEIN
Associate Justice