Appellate Division: Second Judicial Department
M21023
E/nal
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2004-10392
Bayberry Realties, appellant, v Eastern Baptist Association of New York, Inc., respondent, et al., defendant. (Index No. 1466/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated October 13, 2004, to enjoin the respondent from selling, transferring, conveying, encumbering, mortgaging, or otherwise disposing of any fee interest in the subject real property, known as 621-624 Baywalk, Ocean Beach, New York, pending hearing and determination of the appeal and final determination by the Supreme Court of the action. Application by the respondent to preclude the appellant from commencing any other actions.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondent is enjoined from selling, transferring, conveying, encumbering, mortgaging, or otherwise disposing of any fee interest in the subject real property, known as 621-624 Baywalk, Ocean Beach, New York, pending hearing and determination of the appeal, and the motion is otherwise denied; and it is further,
ORDERED that the application is denied without prejudice to seeking the same relief by way of motion (see CPLR 8022[b]).
FLORIO, J.P., SCHMIDT, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21219
O/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-05815
Gwendolyn Bracey, appellant, et al., plaintiff, v Baljit Singh, et al., respondents. (Index No. 4887/00)
| 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 May 10, 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 appellant's time to perfect the appeal is enlarged until April 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
H. MILLER, J.P., GOLDSTEIN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21222
CF/
|
2004-06795 Larry Brockington, et al., respondents, v County of Westchester, et al., appellants. (Index No. 17328/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21252
CF/
|
2004-06061 John DiIorio, appellant, v Wheatley Hills Dance Studio, Inc., et al., respondents. (Index No. 8100/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21221
CF/
|
2004-09411 Frank Esposito, et al., respondents, v James Lambert, et al., defendants, Bank of America, appellant. (Index No. 11083/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated September 3, 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
M21223
S/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-07831
Raouf Z. Gendi, et al., appellants, v Colt Taxi, Inc., et al., respondents. (Index No. 24815/02)
| DECISION & ORDER ON MOTION |
The plaintiffs having appealed to this court from an order of the Supreme Court, Queens County, dated July 21, 2004, and this court having noticed the matter for a CAMP conference, and counsel for the appellants having failed to appear at the conference without excuse. By order to show cause dated January 10, 2005, counsel for the appellants was directed to show cause before this court why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2).
Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that within 20 days of service of a copy of this decision and order on motion, the law firm of Ofshtein & Ross, P.C., the attorney for the appellants is directed to pay a sanction in the sum of $1000 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve the parties with a copy of this decision and order on motion; and it is further,
ORDERED that within 10 days after payment of the sanction, counsel for the appellants shall file proof of payment with the Clerk of this court.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21206
O/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-01852
Jupiter Environmental Services, Inc., appellant, v Graystone Construction Corp., respondent. (Index No. 01852/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated February 2, 2004, to strike the respondent's brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21227
O/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2003-03529, 2003-08605
Lancer Insurance Company, etc., respondent- appellant, v Philadelphia Indemnity Insurance Company, appellant-respondent. (Index No. 14984/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated November 29, 2004, which determined appeals from two orders of the Supreme Court, Nassau County, entered February 6, 2003, and August 22, 2003, 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.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21262
Y/nal
A. GAIL PRUDENTI, P.J.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-02835, 2004-03940, 2004-08502
Concetta Lucchese, et al., appellants, v Evan S. Silverman, et al., respondents. (Index No. 26239/95)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated February 25, 2004, and August 24, 2004, respectively, and a judgment of the same court, also dated February 25, 2004, in effect, to amend so much of a prior decision and order on motion of this court dated October 28, 2004, as conditioned the grant of their motion to stay all proceedings in the above-entitled action, including the trial, upon perfection of the appeals by December 20, 2004, or in the alternative, to enlarge the time to perfect the appeals from the order dated February 25, 2004, and the judgment.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to amend is denied; and it is further,
ORDERED that on the court's own motion, the stay of all proceedings, including the trial, which was granted by decision and order on motion of this court dated October 28, 2004, is hereby vacated; and it is further,
ORDERED that the branch of the motion, which is for an enlargement of time is granted, the appellants' time to perfect the appeals from the order dated February 25, 2004, and the judgment is enlarged until February 22, 2005, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
PRUDENTI, P.J., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21260
L/
|
2004-07142
Laurene Molz-D'Angelo, et al., appellants, v Murray Moore, et al., respondents. (Index No. 24865/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21214
S/nal
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-03954, 2004-09429 NYCTL 1997-1 Trust, etc., plaintiff-respondent, v Gerard T. Goonan, appellant, et al., defendants-respondents. (Index No. 10718/00)
| DECISION & ORDER ON MOTION |
Appeals by the defendant Garard T. Goonan from a judgment of foreclosure and sale of the Supreme Court, Queens County, dated September 2, 2003, and an order of the same court dated March 20, 2004. By decision and order on motion dated November 29, 2004, the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal was denied, with leave to renew, upon the filing of a supplemental appendix on or before January 3, 2005. The appellant has not filed a supplemental appendix.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for the appellant's failure to comply with the decision and order on motion of this court dated November 29, 2004.
H. MILLER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21226
Y/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-09674
Frank Natoli, plaintiff-respondent, v City of New York, defendant-respondent, Malcolm Pirnie, Inc., appellant (and a third-party action). (Index No. 6535/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 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.
SCHMIDT, J.P., SANTUCCI, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21218
CF/
|
2004-06749 Bridget O'Shea, respondent, v H.S. Trucking, Inc., appellant. (Index No. 26916/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19694
PL/nal
|
2004-05596
Christopher Owen, appellant, v Commercial Sites, Inc., et al., respondents (and a third party action). (Index No. 17728/96)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated April 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 17, 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
M21220
S/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-04616
Mary Carroll Rodriguez, respondent, v Seth J. Kaufman, etc., appellant. (Index No. 11462/03)
| 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, Nassau County, dated April 19, 2004. By order dated January 5, 2005, the parties were directed to show cause why an order should or should not be made and entered dismissing this appeal on the ground that the order was entered upon the default of the appellant (see Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588), and the application to enlarge time was held in abeyance in the interim.
On the court's own motion and upon the papers filed in response to the order dated January 5, 2005, 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 appellant (see Lumbermen's Mut. Cas. Co. v Fireman's Fund Am. Ins. Co., 117 AD2d 588); and it is further,
ORDERED that the application to enlarge time is denied as academic.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21253
CF/
|
2004-05584 Carol Simon, appellant, v Long Island Jewish Medical Center, respondent. (Index No. 17443/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21163
R/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-05443
Stanislaw Stachura, et al., plaintiffs, v 615-51 Street Realty Corp., et al., defendants third-party plaintiffs-appellants; J&L Landscaping, Inc., third-party-defendant respondent.
(Index No. 9147/02)
| 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, Kings County, dated May 5, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21216
S/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-07042
Lori Stadok, respondent, v Ishay Stadok, appellant. (Index No. 204052/01)
| DECISION & ORDER ON MOTION |
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, Nassau County, dated July 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal to this court from the order dated July 12, 2004, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21160
C/nal
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-06121
In the Matter of Alice Baker, et al., respondents, v Board of Education, et al., appellants. (Action No. 1) (Index No. 3771/03) In the Matter of Katheryn Valentino, respondent, v Board of Education, et al., appellants. (Action No. 2) (Index No. 5117/03)
| DECISION & ORDER ON MOTION |
Motion by New York State School Boards Association, Inc., for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Dutchess County, dated May 26, 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 amicus curiae brief must be served on the parties, and nine copies filed in this court, on or before February 25, 2005; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file a reply brief to the amicus curiae brief within 10 days after the service upon them of the amicus curiae brief.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21255
Y/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-10183
In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent. (Docket No. F-1244/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Nassau County, dated October 8, 2003, on the ground, inter alia, that the appellant did not serve him with a copy of the brief, or, in the alternative, to enlarge the time to serve and file a brief.
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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted; the respondent's time to serve and file a brief is enlarged until March 11, 2005, and the respondent'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.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21184
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-09207
In the Matter of Janice Grassi, appellant, v Edward Grassi, respondent. (Docket Nos. V-15426-02, V-15426/02/02A, V-15426-02/04B, V-15427-02/02A)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated September 14, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Amy Colvin, Esq.
P.O. Box 2091
Halesite, New York 11743
(516) 424-8495
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19812
Y/nal
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-03645
In the Matter of Martin Hodge, petitioner, v Donald Selsky, etc., et al., respondents. (Proceeding No. 1) (Index No. 2003-02675) 2004-05982 In the Matter of Martin Hodge, petitioner, v Glenn Goord, etc., respondent. (Proceeding No. 2) (Index No. 2004-03493)
| DECISION & ORDER ON MOTION |
Motions by the petitioner, Martin Hodge, to (1), inter alia, consolidate proceedings which were transferred to this court by two orders of the Supreme Court, Westchester County, entered March 11, 2004 (Appellate Division Docket No. 2004-03545) and July 12, 2004 (Appellate Division Docket No. 2004-05982), respectively, and for leave to prosecute the proceeding pending under Appellate Division Docket No. 2004-05982 as a poor person, and (2), inter alia, for the assignment of counsel to prosecute the pending proceeding under Appellate Division Docket No. 2004-03645.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the first motion which is for consolidation is denied; and it is further,
ORDERED that on the court's own motion, the proceedings shall be heard together, and shall be argued or submitted on the same day; and it is further,
ORDERED that the branch of the first motion which is for leave to prosecute the proceeding under Appellate Division Docket No. 2004-05982 on the original papers is granted; that proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branch of the first motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,
ORDERED that the first motion is otherwise denied; and it is further,
ORDERED that the second motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the proceedings by causing the original papers constituting the record to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief is enlarged until April 14, 2005.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21230
R/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-05121
In the Matter of Michael Kitnurse, petitioner, v William Mazzuca, etc., respondent. (Index No. 0052/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated June 10, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record.
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 it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until February 24, 2005 and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., GOLDSTEIN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21217
S/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-00936
In the Matter of Lawrence Tinsley, respondent, v Sharleen Boone, appellant. (Docket No. V-00298-04)
| DECISION & ORDER ON MOTION |
Appeal by Sharleen Boone from an order of the Family Court, Queens County, dated December 23, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see, Family Ct Act § 1112), and leave to appeal has not been granted.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21213
O/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-10939
In the Matter of Janeen Townsend, respondent, v Michael Veal, appellant. (Docket No. F-7305/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated November 16, 2004, as a poor person, to proceed on the original papers, for a free transcript, to waive the filing fee, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for a free transcript, to waive the filing fee, and for the assignment of counsel are denied; and it is further,
ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21225
O/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-04728 The People, etc., respondent, v Joseph Villane, appellant. (Ind. No. 325f/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated September 29, 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 respondent's brief which was submitted to the Clerk of this court is accepted for filing.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court