Appellate Division: Second Judicial Department
M21134
A/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-00031 Stefan Berger, respondent, v Victor Fornari, appellant. (Index No. 18029/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated October 30, 2003, which was determined by decision and order of this court dated November 8, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and, inter alia, to stay the continued deposition of the respondent.
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., SCHMIDT, RITTER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21011
R/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
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2004-10967 Charles Bogannam, appellant, v Marianne Bogannam, respondent.
(Index No. 388/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated November 22, 2004, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring 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 to stay enforcement of the order dated November 22, 2004, is granted to the extent that those portions of the order dated November 22, 2004, which vacated so much of a prior order of the same court dated August 19, 2004, awarding the appellant temporary exclusive occupancy of the parties' rental property located at 25 Huckleberry Lane, Hampton Bays, New York, directing him to pay the cost of the children's gymnastics and dance lessons and up to four dance competitions per year, and awarding the respondent an additional attorney's fee in the amount of $5,000, is stayed pending hearing and determination of the appeal, on condition that the appellant comply with the remaining provisions of the order dated November 22, 2004, and on further condition that the appeal is perfected on or before March 2, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 2, 2005, or the appellant fails to comply with the other conditions stated herein, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is for a preference is denied.
FLORIO, J.P., SCHMIDT, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21127
S/sl
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2004-04339
Timothy Caldwell, appellant, v Queens-Long Island Medical Group, P.C., et al., respondents. (Index No. 4966/99)
| 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 5, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 14, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21014
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-04311 Michael Conk, respondent, v N&L Taxi Corp., et al., appellants. (Index No. 9024/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 6, 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 branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 2, 2005, and the record or appendix on the appeal and the appellants' 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; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21137
S/sl
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2004-10865
John Doe, etc., et al., respondents, v Church of St. Christopher, et al., appellants. (Index No. 18551/03)
| 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, Nassau County, dated October 7, 2004.
ORDERED that the application is granted and the respondents' brief which was submitted to the Clerk of this court on or about January 27, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21158
O/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-00587 Eustorgio Felipe, et al., appellants, v 2820 West 36th Street Realty Corp., respondent. (Index No. 29814/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Kings County, dated December 15, 2004, which directed the County Clerk of Kings County to discharge and vacate the notice of pendency filed in the instant action, and, in effect, to enjoin the respondent from taking any action to sell, assign, transfer, or otherwise convey certain premises known as 2820 West 36th Street, Brooklyn, N.Y., pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, enforcement of so much of the order dated December 15, 2004, which directed the County Clerk of Kings County to discharge and vacate the notice of pendency filed in the instant action, is stayed, and the respondent is enjoined from taking any action to sell, assign, transfer, or otherwise convey the premises, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 2, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 2, 2005, the court, on its own motion, may vacate the stay and the injunction, or the respondent may move to vacate the stay and the injunction, on three days notice; and it is further,
ORDERED that the respondent shall serve and file its brief on or before April 6, 2005, and the appellant shall serve and file its reply brief on or before April 20, 2005; and it is further,
ORDERED that the appeal shall be calendared when fully perfected.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21155
O/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-06525, 2004-11018 Telman Gavrilov, respondent, v Chu Min Wang, et al., appellants. (Index No. 42461/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Kings County, dated May 12, 2004, and November 23, 2004, respectively, to stay the conveyance of the subject premises pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21113
A/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-07677 Susan Green, respondent, v James Green, appellant. (Index No. 201035/03)
| DECISION & ORDER ON MOTION |
Appeal by James Green from an order of the Supreme Court, Nassau County, dated August 19, 2004. By order to show cause dated December 6, 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 action for failure to comply with a scheduling order dated November 1, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 1, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., S. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21139
S/sl
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2004-05475
Inja Lee, et al., plaintiffs-respondents, v Tracy Ratz, et al., defendants-respondents, Desmond Walsh, appellant. (Index No. 28990/02)
| ORDER ON APPLICATION |
Application by the defendant-respondent Taek Kyung Lee 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 February 13, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 14, 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
M21152
E/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-05475 Inja Lee, et al., plaintiffs-respondents, v Tracy Ratz, et al., defendants-respondents, Desmond Walsh, appellant.
(Index No. 28990/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated February 13, 2004, to stay the trial 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 granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21138
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-01955 Sarinna Morgan, etc., et al., appellants, v New York City Transit Authority, respondent. (Index No. 49562/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered January 16, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 18, 2005, and the record or appendix on the appeal and the appellants' 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.
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21143
R/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-03937 Michael O'Donnell, respondent, v Grigore Blanaru, appellant. (Index No. 18991/01)
| 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, entered March 19, 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 April 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.
PRUDENTI, P.J., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21115
S/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-02489
Kamran Shafqat, etc., et al., appellants, v Jamie Blackman, et al., respondents. (Index No. 28875/95)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated January 23, 2004.
Upon the papers filed in support of the application and upon the stipulation of the parties, it is
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 4, 2005.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21132
CF/
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2004-07043 Thomas Skinner, respondent, v City of New York, defendant, New York City Board of Education, et al., appellants. (Index No. 32128/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21142
S/sl
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2004-07212
Suffolk County, respondent, v Long Island Power Authority, et al., appellants. (Index No. 19890/02)
| 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, Suffolk County, dated July 9, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 24, 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
M21135
CF/
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2004-09605 Mary Tama, plaintiff-respondent, v City of New York, et al., defendants appellants-respondents, New York School Construction Authority, defendant respondent-appellant. (Index No. 6917/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 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 by the appellants-respondents is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21129
S/sl
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2004-06237, 2004-06238
Richard Carl Thoma, appellant, v Roberta Thoma, respondent. (Index No. 644/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a judgment of the Supreme Court, Orange County, dated June 2, 2004, and a "finding" of the same court also dated June 2, 2004.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on January 19, 2005, is accepted for filing; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before February 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21122
S/sl
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2004-07597 Frank Vitale, appellant, v Robert J. Mitzman, respondent. (Index No. 21341/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 20, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21156
C/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-04477 Lauriell N. Wright, respondent, v Juan Peralta, appellant. (Index No. 9314/02)
| 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, Kings County, dated December 5, 2003.
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 granted, and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21123
S/sl
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2004-06980
Henry Zelman, et al., appellants, v Anthony Cosentino, et al., respondents. (Index No. 37145/92)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 4, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 31, 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
M21118
M/nal
|
2004-06746 In the Matter of Adele Andrews, respondent, v John Andrews, appellant. (Docket No. F-5439-02)
| SCHEDULING ORDER |
Appeal by John Andrews from an order of the Family Court, Kings County, dated July 6, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21133
S/sl
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2004-00679
In the Matter of Chauncey Cromwell, petitioner, v Glenn S. Goord, etc., et al., respondents. (Index No. 6276/03)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Orange County, dated January 13, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 28, 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
M21128
S/sl
|
2004-06761
In the Matter of East Suffolk Development Corporation, respondent, v Town Board of Town of Riverhead, appellant. (Index No. 2370/04)
| 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 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 5, 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
M21125
S/sl
|
2004-07102
In the Matter of Angela Ellis, petitioner, v New York State Central Register of Child Abuse, respondent. (Index No. 2315/04)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) 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, Kings County, dated June 1, 2004.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until February 28, 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
M21150
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00649 In the Matter of Felix Fernandez, appellant, v Tanya Dombrowski, respondent. (Docket No. V-2574-93)
| DECISION & ORDER ON MOTION |
Appeal by Felix Fernandez from an order of the Family Court, Suffolk County, dated December 22, 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 (see Family Ct Act § 1112; CPLR 5701) and we decline to treat the notice of appeal as an application pursuant to CPLR 5704.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21114
M/nal
|
2004-10186 In the Matter of Karen A. Fischer, respondent, v Joseph F. Fischer, appellant. (Docket No. F-01744-98)
| SCHEDULING ORDER |
Appeal by Joseph F. Fischer from an order of the Family Court, Nassau County, dated October 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 26, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21120
A/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2004-06573 In the Matter of Wendy J. (Anonymous), respondent, v Glenville S. (Anonymous), appellant. (Docket No. P-30364/03)
| DECISION & ORDER ON MOTION |
Appeal by Glenville S. from an order of the Family Court, Kings County, dated July 7, 2004. By order to show cause dated December 2, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this court dated October 25, 2004, which granted the appellant leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 26, 2004.
On the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated October 25, 2004 (see 22 NYCRR 670.4[a][5]).
SCHMIDT, J.P., COZIER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21117
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
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2004-08920 In the Matter of John James, appellant, v Cherise Dennis, respondent. (Docket No. V-16127/04)
| DECISION & ORDER ON MOTION |
Appeal by John James from an order of the Family Court, Kings County, dated September 27, 2004. By order to show cause dated November 24, 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 21, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
On the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 21, 2004 (see 22 NYCRR 670.4[a][5]).
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21147
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00780 In the Matter of Craig Joosten, Sr., appellant, v Carol Joosten, respondent. (Docket Nos. V-1721/94, V-1722/94)
| DECISION & ORDER ON MOTION |
Appeal by Craig Joosten, Sr., from an order of the Family Court, Nassau County, dated December 9, 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 an order entered upon the default of the appealing party (see CPLR 5511).
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21119
M/nal
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2004-06901, 2004-06903 In the Matter of Jesus M. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Iris V. M. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Katelyn D. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-429-03, N-430-03)
| SCHEDULING ORDER |
Appeals by Priscilla I. from two orders of the Family Court, Queens County, dated December 8, 2003, and June 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 27, 2005. 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 of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21065
M/nal
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2005-00863 In the Matter of Juliane M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matthew M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-16712/01, N-16713/01)
| SCHEDULING ORDER |
Appeal by Andrew M. from an undated order of the Family Court, Queens County issued in 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21148
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00343 In the Matter of Peter Psyllos, respondent, v Gina Psyllos, appellant. (Docket Nos. V-16745-04, V-16746-04)
| DECISION & ORDER ON MOTION |
Appeal by Gina Psyllos from an order of the Family Court, Suffolk County, dated November 30, 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 an order entered upon the default of the appealing party (see CPLR 5511).
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21056
M/nal
|
2004-07876 In the Matter of Zoila Santos, appellant, v Nelson Yecora, respondent. (Docket No. F-12896-03)
| SCHEDULING ORDER |
Appeal by Zoila Santos from an order of the Family Court, Queens County, dated August 4, 2004. The appellant has indicated that she has received the transcripts. 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 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M20465
M/nal
|
2004-11055 In the Matter of Maria Sicurella, respondent, v Erwin Embro, appellant. (Docket No. 6719-04)
| SCHEDULING ORDER |
ORDERED that the scheduling order dated December 28, 2004, in th above-entitled proceeding is recalled and vacated, and the following scheduling order is substituted therefor:
Appeal by Erwin Embro from an order of the Supreme Court , Suffolk County, dated November 17, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4)an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21116
M/nal
|
2004-10093 In the Matter of Donna G. Steward, respondent, v Clifford A. Steward, appellant. (Docket No. F-01748/99)
| SCHEDULING ORDER |
Appeal by Clifford A. Steward from an order of the Family Court, Suffolk County, dated August 2, 2004. By decision and order on motion of this court dated January 26, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was granted. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21007
A/sl
HOWARD MILLER, J.P.
SONDRA MILLER
DAVID S. RITTER
DANIEL F. LUCIANO, JJ.
|
2004-05595, 2004-09378
In the Matter of Sambasiva Rao Venigalla, et al., respondents, v Alagappa Alagappan, et al., appellants. (Index No. 15676/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Queens County, dated June 10, 2004, and September 13, 2004, respectively, inter alia, to strike portions of the record on appeal and the appellants' brief, on the ground that they contain and refer to matter dehors the record, or, in the alternative, to enlarge their time to serve and file a brief on the appeals, and for an attorney's fee and a sanction. Cross motion by the appellants, inter alia, to stay all proceedings with respect to elections for members of the Board of Directors of the Hindu Temple Society of North America and for a preference in the calendaring of the appeals, and application by the respondents for costs and a sanction on the cross motion.
Upon the papers filed in support of the motion, the cross motion, and the application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the record on appeal and the appellants' brief is granted to the extent that the appellants' brief and pages R231 through R242 of the record on appeal are stricken, and on or before March 3, 2005, the appellants shall (1) serve and file a new brief that does not contain points I, II, III, or IV, and does not refer to the record on appeal that was filed on an appeal from an order of the same court dated April 18, 2002, which had been pending under Appellate Division Docket Number 2002-05018, and does not refer to other matter dehors the record, and (2) remove from all copies of the record on appeal on file with this court pages R 231 through R 242; and it is further,
ORDERED that on the court's own motion, on or before March 3, 2005, the appellants shall replace page R8 of the record on appeal with a signed copy of the order of the Supreme Court, Queens County, dated September 13, 2004; and it is further,
ORDERED the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted and the respondents' time to serve and file a brief is enlarged until April 4, 2005; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is denied without prejudice to seeking similar relief by formal motion (see CPLR 8022).
H. MILLER, J.P., S. MILLER, RITTER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21153
R/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-00644 In the Matter of Village of Chestnut Ridge, et al., plaintiffs, v Town of Ramapo, et al., defendants. (Index No. 16876/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant Yeshiva Chofetz Chaim of Radin, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated January 18, 2005.
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 to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that on the court's own motion, the appeal from the order dated January 18, 2005, taken as of right, is dismissed, without costs or disbursements.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M20933
F/
STEPHEN G. CRANE, J.
|
2004-10026 The People, etc., plaintiff, v Peter C. McDaniel, defendant. (Ind. No. 82/99)
| 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, Dutchess County, dated October 27, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M21130
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2002-04912 The People, etc., respondent, v Josiah McTier, appellant.
(Ind. No. 3236/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 14, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before April 7, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M20934
F/
STEPHEN G. CRANE, J.
|
2004-10880 The People, etc., plaintiff, v Jose Velez, defendant. (Ind. No. 2963/92)
| 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 21, 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.
STEPHEN G. CRANE
Associate Justice