APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7322
PL/sl
|
2003-07555 Sultan Ali Jr., etc., et al., respondents, v Osmen Mehmet, et al., defendants, George Lambert, appellant. (Index No. 1206/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated July 23, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 15, 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
M7324
Y/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-07896 Rita Bass, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 1) (Index No. 18275/97) 2003-07922 Ryan Burger, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 2) (Index No. 15612/00) 2003-07919 Mary Alice Castallano, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 3) (Index No. 3045/01) 2003-07901 John Cataldo, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 4) (Index No. 13561/98) 2003-07908 Cristina Cordaro, etc., et al., appellants, v International Business Machines Corporation, et al., respondents. (Action No. 5) (Index No. 02548/99) 2003-07889 Kelly Daley, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 6) (Index No. 18755/97) 2003-07888 Kelly Daley, et al., appellants, v EKC Technology, Inc., et al., respondents. (Action No. 7) (Index No. 00146/98) 2003-07881 Amber Ann Louise Kardas, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 8) (Index No. 09011/00) 2003-07895 Robert Kelleher, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 9) (Index No. 4048/97) 2003-07892 Robert Kelleher, et al., appellants, v Shipley Company, Inc., et al., respondents. (Action No. 10) (Index No. 15665/97) 2003-07915 Heather Kelly, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 11) (Index No. 12300/99) 2003-07911 Zachary David Ruffing, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 12) (Index No. 4049/97) 2003-07912 Zachary David Ruffing, et al., appellants, v Union Carbide Corporation, et al., respondents. (Action No. 13) (Index No. 15664/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants in Actions No. 1 through 13, in effect, to consolidate appeals from 13 orders of the Supreme Court, Westchester County, all entered August 8, 2003, (one on each action) for leave to file one oversized brief on behalf of all the appellants, one oversized brief on behalf of all the respondents, and one oversized reply brief, and to enlarge the time to perfect the appeals and to file briefs.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted, the appeals are consolidated, the parties are directed to file a single record or appendix and a single appellants' brief not to exceed 110 pages, a single respondents' brief not to exceed 110 pages, and a single reply brief not to exceed 50 pages; and it is further,
ORDERED that the parties shall serve and file 21 copies of the record or appendix on appeal and their respective briefs; and it is further,
ORDERED that the appellants' time to perfect the appeals is enlarged until June 3, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' brief must be served and filed on or before September 7, 2004, and the reply brief must be served and filed on or before October 22, 2004.
SMITH, J.P., H. MILLER, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6954
A/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-05869, 2003-01585, 2003-06234 Alvin Berry, appellant, v Aquila Realty Co., Inc., et al., respondents. (Index No. 25752/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from (1) an order of the Supreme Court, Westchester County, entered May 21, 2002, (2) a judgment of the same court dated January 9, 2003, and (3) an order of the same court entered April 22, 2003, in effect, to limit the issues to be raised on the appeal from the judgment (Appellate Division Docket Number 2003-01585) to those raised on the appeal from the order entered May 21, 2002 (Appellate Division Docket Number 2002-05869), to deem the record and brief filed in connection with the appeal from the order entered May 21, 2002 to be the record and brief on the appeal from the judgment, and for leave to withdraw the appeal from the order entered April 22, 2003 (Appellate Division Docket Number 2003-06234).
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, the issues raised on the appeal from the judgment are limited to the issues raised on the appeal from the order entered May 21, 2002, and the record and briefs filed in connection with the appeal from the order entered May 21, 2002, are deemed to be the record and briefs on the appeal from the judgment, on condition that on or before February 13, 2004, the appellant serves and files a supplemental record on appeal containing the notice of appeal from the judgment and the judgment; and it is further,
ORDERED that the appeal from the order entered April 22, 2003, is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7354
L/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-09505 Bouclier Vert Limite, LLC, d/b/a Green Shield Limited, LLC, appellant, v Mortgage Plus Equity and Loan Corporation, et al., defendants, Alliance Funding, etc., respondent (and a third-party action). (Index No. 12709/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 3, 2002.
Upon the stipulation of the attorneys for the respective parties, dated January 27, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7270
M/mv
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2002-10963
Deanna M. Broich, et al., respondents, v Nabisco, Inc., et al., defendants, Sag Harbor Industries, Inc., appellant. (Index No. 26394/99)
| DECISION & ORDER ON MOTION |
Appeal by Sag Harbor Industries, Inc., from a judgment of the Supreme Court, Suffolk County, entered October 8, 2002.
Now, on the court's own motion, it is
ORDERED that the above-entitled appeal under Appellate Division Docket No. 2002-10963 is dismissed, without costs or disbursements, as it is a duplicate of an appeal taken under Appellate Division Docket No. 2002-10543, which was determined by decision and order of this court dated December 8, 2003.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7353
PL/sl
|
2003-06810 Anthony Del Maestro, et al., appellants, v Michael Grecco, M.D., et al., respondents. (Index No. 13625/97)
| 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, Richmond County, dated July 15, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 29, 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
M7331
PL/sl
|
2003-06531 Connie Desena, appellant, v 85 Livingston Tenants Corp, et al., respondents. (Index No. 15937/99)
| ORDER ON APPLICATION |
Application by the respondents 85 Livingston Tenants Corp. and WPG Management 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 movants' time to serve and file a brief is enlarged until April 2, 2004, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7359
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-05431
Margaret Egan, etc., et al., plaintiffs-respondents, v National Emergency Services, Inc., appellant, Ernesto Jonas, etc., et al., defendants-respondents, et al., defendants. (Index No. 3034/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 3, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 31, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7326
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-02677 Estate of Daniel Fennessey, etc., respondent, v Ronald Klinger, et al., defendants, Brunswick Hospital, appellant. (Index No. 18067/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered February 26, 2003.
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 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; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7251
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-00466 Joseph Lichtenstein, appellant, v Morris E. Barenbaum, et al., respondents. (Index No. 5720/95)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated October 31, 2002. By decision and order on motion dated November 25, 2003, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar", the appeal was dismissed.
Now, on the court's own motion, it is
ORDERED that so much of the decision and order on motion dated November 25, 2003, as dismissed the above-captioned appeal is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7332
S/sl
|
2003-03102, 2003-05167, 2003-05932 ORDER ON APPLICATION William Lucadamo, appellant, v Bridge to Life, Inc., respondent.
(Index No. 21750/02)
|
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from three orders of the Supreme Court, Queens County, dated February 20, 2003, April 1, 2003, and May 9, 2003, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 10, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7336
S/sl
|
2003-07054 PNC Bank, National Association, respondent, v Ernest Rispoli, appellant. (Index No. 870/02)
| 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 May 14, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 5, 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
M7334
S/sl
|
2003-07470 Wade Quashie, plaintiff-respondent, v Misan Construction Corp., appellant, Yeshiva of Flatbush, defendant-respondent, et al., defendants. (Index No. 1018/00)
| 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, Kings County, dated July 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 13, 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
M7352
L/
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-05767 Tatyna Raskin, et al., respondents, v Ocean Avenue Building, Corp., et al., appellants.
(Index No. 13001/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Richmond County, dated May 29, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 9, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7360
PL/sl
|
2003-06912 Ross Rieman, et al., appellants, v Union Free School District # 14, et al., respondents. (Index No. 756/01)
| 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, Nassau County, dated July 7, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 3, 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
M7333
S/sl
|
2003-05030 George Rosado, appellant, v Legal Aid Society, et al., respondents, et al., defendants. (Index No. 14945/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 26, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 3, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7295
E/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
ANITA R. FLORIO
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2001-07927, 2002-00471
Zachary David Ruffing, etc., et al., plaintiffs, Candace Curtis, et al., appellants, v Union Carbide Corporation, et al., defendants, International Business Machines Corporation, respondent. (Index No. 4049/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal to the Court of Appeals, by permission of this court, from a decision and order of this court dated September 22, 2003, which determined appeals from two orders of the Supreme Court, Westchester County, entered August 3, 2001, and December 6, 2001, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to seeking appropriate relief in the Supreme Court, Westchester County, or the Court of Appeals.
PRUDENTI, P.J., ALTMAN, FLORIO, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7327
S/sl
|
1999-08517, 2001-07668
Coleen Rupp-Elmasri, respondent, v Mohamed Elmasri, appellant.
(Index No. 14427-95)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Suffolk County, dated August 9, 1999, and July 16, 2001.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 4, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7330
S/sl
|
2003-05258 Shaban D. Simaee, etc., appellant, v Michael M. Levi, etc., et al., respondents. (Index No. 34659/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 28, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 23, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before March 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7346
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-10840 The People of the State of New York, plaintiff, v Melvin Thomas, defendant; Godfrey G. Brown, nonparty-appellant. (Ind. No. 1360N/02)
| DECISION & ORDER ON MOTION |
Appeal by Godfrey G. Brown from an order of the County Court, Nassau County, dated October 6, 2003.
Now, on the court's own motion, it is
ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]).
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7329
L/
A.GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-00298 Town of Putnam Valley, appellant, v Anne Marie Sacramone, respondent. Application to Withdraw Appeal (Index No. 660/00)
| DECISION & ORDER ON APPLICATION |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Putnam County, dated November 22, 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 deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7349
S/sl
|
2003-07302 James M. Turnbull, et al., appellants, v MTA New York City Transit, respondent. (Index No. 26485/99)
| 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 and judgment (one paper) of the Supreme Court, Kings County, dated July 10, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 12, 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
M7325
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2004-00388 Yonkers Contracting Company, Inc., etc., respondent, v Romano Enterprises of New York, Inc., appellant, et al., defendants. (and a related action). (Index No. 2331/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered January 9, 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., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7368
S/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-10640 Victor Zabicki, respondent, v Hallen Construction Co., et al., appellants.
(Index No. 4587/02)
| 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, Nassau County, dated October 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7350
PL/sl
|
2003-09584 Kathryn Zarate, respondent, v Nassau County Medical Center, et al., appellants. (Index No. 15205/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated October 2, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 4, 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
M7302
M/mv
|
2003-10063 In the Matter of Rebecca L. DeBono, respondent, v Francis DeBono, appellant. (Docket No. O-9669/03)
| ORDER TO SHOW CAUSE |
Appeal by Francis DeBono from an order of the Family Court, Nassau County, dated September 30, 2003. By scheduling order dated December 17, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated December 17, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 27, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7307
M/mv
|
2003-04557 In the Matter of Fida Fouad Elayyan, appellant, v Minzer Elayyan, respondent. (Docket No. O-23858-02)
| ORDER TO SHOW CAUSE |
Appeal by Fida Fouad Elayyan from an order of the Family Court, Kings County, dated May 1, 2003. By scheduling order dated December 24, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated December 24, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 27, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7303
M/mv
|
2003-03243 In the Matter of Jessica F. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-16987-98) In the Matter of Aaron C. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-16988-98) In the Matter of Ashley S. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-16989-98) In the Matter of LaPorsha S. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-16990-98) In the Matter of Brianna C. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-16991-98, N-16193-99)
In the Matter of Erica S. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-16992-98, N-16194-99)
| SCHEDULING ORDER |
Appeal by Ruth C. from an order of the Family Court, Queens County, dated March 12, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the law guardian to serve and file a brief on the appeal is enlarged until February 27, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7305
M/mv
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2003-06729 In the Matter of Luz Maria Feliciano, respondent, v Samuel Feliciano, Jr., appellant. (Docket No. V-03291-03)
| ORDER TO SHOW CAUSE |
Appeal by Samuel Feliciano, Jr., from an order of the Family Court, Queens County, dated July 1, 2003. The transcripts were received by the appellant on September 23, 2003, and pursuant to the scheduling order of this court dated September 2, 2003, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the scheduling order. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated September 2, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 27, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7301
M/mv
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2003-10287 In the Matter of Desiree G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Barbara F. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Leslie T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Barbara F. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Sarah T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Barbara F. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. N-10490/03, N-10492/03, N-10493/03 N-10495/03, N-10496/03, N-10497/03)
| ORDER TO SHOW CAUSE |
Appeal by Barbara F. from an order of the Family Court, Suffolk County, dated October 22, 2003. By scheduling order dated December 17, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated December 17, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 27, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7026
M/mv
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2004-00482 In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominque L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004/03, N-1512/03, F-15540-02)
| SCHEDULING ORDER |
Appeal by Eric R. from an order of the Family Court, Suffolk County, dated December 8, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7347
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2004-00547
In the Matter of Tanjira Khatun, respondent, v Shahayahan Ali, appellant. (Docket No. V-3303/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Shahayahan Ali from an order of the Family Court, Richmond County, dated December 8, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by an order entered upon his consent (see Fuller v City of Yonkers, 100 AD2d 926).
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7300
M/mv
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2003-05339 In the Matter of Patricia Liccese Lofti, respondent, v Parviz Lofti, appellant. (Docket No. V-1526-94)
| ORDER TO SHOW CAUSE |
Appeal by Parviz Lofti from an order of the Family Court, Suffolk County, dated May 15, 2003. By scheduling order dated December 17, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated December 17, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 27, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7304
M/mv
|
2003-06042 In the Matter of Susan Mahoney, respondent, v Daniel Thompson, appellant. (Docket No. F-5698-02)
| ORDER TO SHOW CAUSE |
Appeal by Daniel Thompson from an order of the Family Court, Orange County, dated May 20, 2003. The transcripts were received by the appellant on November 6, 2003, and pursuant to the scheduling order of this court dated August 12, 2003, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the scheduling order. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated August 12, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 27, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7343
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2004-00205
In the Matter of Shahzada Mohammad, respondent, v Abdul Qazi Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Abdul Qazi Mohammad from a decision of the Family Court, Kings County, dated December 8, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the decision is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7298
M/mv
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2003-03079 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-101-02) In the Matter of Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-102-02) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-103-02)
| SCHEDULING ORDER |
Appeal by Lillian O. from an order of the Family Court, Westchester County, dated March 6, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 4, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7306
M/mv
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2003-08566 In the Matter of Antoinette Pantoliano, respondent, v Wilfredo Rodriguez, appellant. (Docket No. F-0258/01)
| ORDER TO SHOW CAUSE |
Appeal by Wilfredo Rodriguez from an order of the Family Court, Richmond County, dated September 12, 2003. By scheduling order dated December 23, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated December 23, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 27, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7299
M/mv
|
2003-10221 In the Matter of Jean M. Salanitro, appellant, v Alfred J. Salanitro, respondent. (Docket No. V-501/98)
| ORDER TO SHOW CAUSE |
Appeal by Jean M. Salanitro from an order of the Family Court, Putnam County, dated October 15, 2003. By scheduling order dated December 17, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 the scheduling order dated December 17, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before February 27, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7348
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2004-00626
In the Matter of Joseph J. Sarno, respondent, v Agostina Reese, appellant. (Docket No. V-04497/99)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Agostina Reese from an order of the Family Court, Suffolk County, dated January 7, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by an order entered upon her default (see CPLR 5511).
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6138
A/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-04065 In the Matter of Snake Hill Corp., respondent, v Town Board of the Town of Clarkstown, et al., appellants. (Index No. 6607/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Rockland County, dated March 27, 2002, which was determined by decision and order of this court dated April 14, 2003, 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 no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., H. MILLER, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7363
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-04583 In the Matter of Victor Sowell, appellant- respondent, v Glenn Goord, etc., respondent- appellant. (Index No. 7617/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to dismiss an appeal from an order of the Supreme Court, Westchester County, entered March 28, 2003, on the ground that the appellant-respondent failed to timely perfect the appeal in accordance with the rules of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7308
M/mv
|
2002-07989, 2002-07990 In the Matter of Jeremiah Kwimea T. (Anonymous). Pius XII Youth & Family Services, et al., respondents; Jeremiah T. (Anonymous), Sr., et al., appellants. (Docket No. B-579/00)
| SCHEDULING ORDER |
Separate appeals by Jeremiah T., Sr., and Patricia P. from an order and findings of fact of the Family Court, Queens County, both dated August 5, 2002. The brief of the appellant Patrica P. was served and filed in the office of the Clerk of this court on August 8, 2003, and the brief of the appellant Jeremiah T., Sr., was served and filed in the office of the Clerk of this court on January 23, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
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
M7288
F/
A. GAIL PRUDENTI, P.J.
|
2003-10878 The People, etc., plaintiff, v Indelecio Afanador, defendant. (Ind. No. 25/91)
| 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, Richmond County, dated November 3, 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.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7287
F/
A. GAIL PRUDENTI, P.J.
|
2004-00024 The People, etc., plaintiff, v Petros Bedi, a/k/a Petri Babi, defendant. (Ind. No. 4107/96)
| 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 November 17, 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.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7289
F/
A. GAIL PRUDENTI, P.J.
|
2003-10722 The People, etc., plaintiff, v Malik Muhammad, defendant. (Ind. No. 9332/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 30, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7280
F/
A. GAIL PRUDENTI, P.J.
|
2003-08673 The People, etc., plaintiff, v William Page, defendant. (Ind. No. 96-00028)
| 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, Orange County, dated August 18, 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.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7262
F/
THOMAS A. ADAMS, J.
|
2003-10437 The People, etc., plaintiff, v Kareem Perry, defendant. (Ind. No. 8532/92)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 6, 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.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7294
K/sl
A. GAIL PRUDENTI, P.J.
|
2003-06133 The People, etc., respondent, v Clifford Peters, appellant. (Ind. No. 5267/97)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 8, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated October 8, 2003 , made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7261
F/
THOMAS A. ADAMS, J.
|
2003-06132 The People, etc., plaintiff, v Pedro Rivera, defendant. (Ind. No. 11260/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 30, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7290
F/
A. GAIL PRUDENTI, P.J.
|
2003-09695 The People, etc., plaintiff, v Everton Smith, a/k/a Marvin Miller, defendant. (Ind. No. 2568/93)
| 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 September 30, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7276
F/
BARRY A. COZIER, J.
|
2003-10274 The People, etc., plaintiff, v Herman Victor, defendant. (Ind. No. 11587/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 3, 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.
BARRY A. COZIER
Associate Justice