APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7493
CF/
|
2003-09611
Vicki A. Agoglia, et al., respondents-appellants, v Amanda S. Ryan, appellant-respondent.
(Index No. 19118/95)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated August 5, 2003.
Upon the stipulation of the parties, dated February 2, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7409
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-00419 Alvin R. Archibald, appellant, v Perlina H. Archibald, respondent. (Index No. 25770/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated December 2, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7512
CF/
|
2003-08073 Ernesto Carballo, appellant-respondent, v 444 East 87th Street Owners Corp., et al., respondents, Big Z. Builders, d/b/a Artisan Restoration Group, respondent-appellant. (Index No. 321/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal of the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7507
S/sl
|
2003-05866 Maureen Cooper, appellant, v Chris Cooper, respondent. (Index No. 5284/03)
| 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 an appeal from an order of the Supreme Court, Suffolk County, dated June 10, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 10, 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
M7490
CF/
|
2003-08965 Thomas Curley, appellant, v Public Storage, Inc., respondent. (Index No. 9857/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7465
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-02130, 2003-10346 Hannah Daniels, appellant, v Dahlia Howell, respondent.
(Index No. 22899/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Queens County, dated December 2, 2002, and July 7, 2003, respectively, to strike the record on appeal on the ground that it contains matter dehors the record, and cross motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; 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 March 12, 2004, and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7470
S/sl
|
2003-04964 Wojciech Dudek, et al., respondents, v Metropolitan Transportation Authority, et al., defendants third-party plaintiffs-respondents- appellants, et al., defendant; Safeway Environmental Corporation, third-party defendant-appellant- respondent. (Index No. 03272/96)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, entered May 21, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until February 29, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the brief of the appellant-respondent must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7516
CF/
|
2003-09859 Theresa Elflein, et al., appellants, v Gem Woodstove Company, et al., respondents. (Index No. 10291/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate application by the appellants to withdraw their respective appeals from an order of the Supreme Court, Suffolk County, dated September 29, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7498
CF/
|
2003-11351 Helen K. Elia, et al., appellants, v Thomas Bazan, respondent. (Index No. 1543/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 27, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7501
CF/
|
2003-07401 Amy Fisher, respondent, v H. Chris Kopf, appellant. (Index No. 6231/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated August 6, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7486
CF/
|
2003-07011 David L. Fleming, et al., respondents, v Deutsch Bank AG, et al., defendants, Lewis & Kennedy, Inc., appellant. (Index No. 1820/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7403
A/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2003-05897 DECISION & ORDER ON MOTION John Gardiner, appellant, v A-1 Cleaning Services, et al., respondents. (Index No. 8157/01)
|
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered March 27, 2003, on the ground, inter alia, that the notice of appeal limits the appeal to a portion of the order by which the appellant is not aggrieved, and cross motion by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the ground that the notice of appeal limits the appeal to that portion of the order which adversely affected the defendants, and the plaintiff is not aggrieved by that portion of the order (see City of Mount Vernon v Mount Vernon Hous. Auth., 235 AD2d 516); and it is further,
ORDERED that the cross motion is denied as academic.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7508
CF/
|
2003-05909 Elizabeth Haag, respondent, v Lawrence W. Haag, appellant. (Index No. 572/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated May 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7519
CF/
|
2003-10136 Craig Holderman, respondent, v Eileen Holderman, appellant. (Index No. 10650/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7520
CF/
|
2003-11447 Craig Holderman, respondent, v Eileen Holderman, appellant. (Index No. 10650/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered December 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7496
CF/
|
2003-05362 Anna Holquin, respondent, v Bik Ying Lau, appellant. (Index No. 22019/99)
| 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 April 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7514
CF/
|
2003-10044 Terry Jagiah, appellant, v Monica C. Bondoc, et al., respondents. (Index No. 31802/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7515
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-11406 Ilia Jakobson, plaintiff, v Multi Hacking Corp., et al., defendants. (Index No. 5368/99)
| DECISION & ORDER ON MOTION |
Motion by the defendants for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 11, 2003, and to stay enforcement of the order pending hearing and determination of the appeal.
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 for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7487
CF/
|
2003-06564 Osman Kutlay, appellant, v Victory Memorial Hospital, defendant, Bhatri Mistry, et al., respondents. (Index No. 44308/94)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7497
CF/
|
2003-10589 Valerie Lee, respondent, v Frank Mazzola, appellant. (Index No. 9692/03)
| 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 October 27, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7468
C/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-07285 Mitchell Levine, appellant-respondent, v Judith Levine, respondent-appellant. (Index No. 029414/96)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated July 22, 2003. By order to show cause dated December 24, 2003, the parties or their attorneys were directed to show cause 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 September 25, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, 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 and cross appeal are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 25, 2003.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7462
CF/
|
2003-08663 Sarah Levy, respondent, v Netanel Levy, appellant. (Index No. 1583/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated September 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7461
CF/
|
2003-05599 Gavriel Mauda, respondent-appellant, v Westchester County Health Care Corporation, d/b/a Westchester County Medical Center, appellant-respondent. (Index No. 18190/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated May 27, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7382
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-01987 Justo M. Medina, appellant, v Edwin Luzon, respondent. (Index No. 18869/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar", dated November 25, 2003, as dismissed an appeal from an order of the Supreme Court, Kings County, dated February 7, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7509
CF/
|
2003-03662 Hemwanty Nasirudin, appellant, v Ganesh Harry, et al., respondents. (Index No. 17527/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7506
S/sl
|
2003-04981 Newport Service and Leasing, Inc., appellant, v Meadowbrook Distributing Corp., etc., et al., respondents. (Index No. 07990/02)
| 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, Nassau County, dated April 21, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 3, 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
M7425
PL/sl
|
2003-03358 ORDER ON APPLICATION Nissequogue Boat Club, n/k/a Nissequogue Yacht Club, et al., appellants, v State of New York, et al., respondents.
(Index No. 30400/02)
|
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, Suffolk County, dated April 7, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 6, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7427
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-04685 Charleen Palumbo, respondent, v Robert Palumbo, appellant. (Index No. 24096/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 1, 2003, without including in the record on appeal certain exhibits, to deem the record on appeal from a judgment of the same court dated February 19, 2003 (Appellate Division Docket No. 2002-05085), to also be the record on this appeal, and to allow his former attorney to certify the record on this appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for leave to perfect the appeal without including certain exhibits in the record, to deem the record on appeal from the judgment dated February 19, 2003, to also be the record on this appeal, and to allow his former attorney to certify the record on appeal are granted, on condition that on or before March 17, 2004, the appellant perfects the appeal from the judgment dated April 1, 2003, by serving and filing a record which contains the judgment dated February 19, 2003, the notice of appeal from the judgment dated April 1, 2003, the judgment dated April 1, 2003, an order of the same court dated August 19, 2002 , and the papers submitted to the Supreme Court, Nassau County, which resulted in the order dated August 19, 2002, including the exhibits set forth in paragraph four of the appellant's affirmation dated January 2, 2004; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7530
CF/
|
2004-00783 Lynne Papol, respondent, v Stephen Papol, appellant. (Index No. 18498/02)
| 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 January 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7471
S/sl
|
2003-06405 Peter Singh, appellant, v Arbor Property Trust, et al., defendants third-party plaintiffs-respondents; All Pets Distributors, Inc., d/b/a Petland Discounts, third-party defendant-respondent. (Index No. 21226/96)
| ORDER ON APPLICATION |
Application by the respondent All Pets Distributors, Inc., d/b/a Petland Discounts pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered June 16, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until February 18, 2004, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7494
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-11303 Sophia Smith, etc., et al., respondents, v Ina Smith, appellant. (Index No. 3816/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated November 13, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 5, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 5, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7488
CF/
|
2003-06965 William Sommo, appellant, v Dawn Sommo, respondent. (Index No. 9774/02)
| 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 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7485
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2004-00694 Arkady Starobinets, et al., respondents, v Edison Martinez, III, defendant, U-Haul Co. of New York, Inc., appellant. (Index No. 41973/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 26, 2004, for leave to appeal from so much of the order as denied the oral application by appellant's counsel to be relieved as counsel, or, in the alternative, to allow appellant's counsel to withdraw as counsel and substitute new counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7513
CF/
|
2003-08773 Kathleen Strohm, appellant, v William Strohm, respondent. (Index No. 4598/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated August 20, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7518
CF/
|
2003-08017 Symbol Technologies, Inc., appellant, v Datamax Corporation, respondent. (Index No. 14127/98)
| 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 July 28, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7510
S/sl
|
2003-06914 U. S. 1 Brookville Real Estate Corp., respondent, v Silvio Spallone, appellant. (Index No. 15228/94)
| 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 July 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
M7491
CF/
|
2003-06607 Vincent Volpe, et al., respondents, v Richard Valente, et al., appellants. (Index No. 5112/99)
| 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 June 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7474
CF/
|
2003-04829, 2003-08978 Windham Construction Corp., respondent, v Persico Contracting & Trucking, Inc., appellant. (Index No. 272/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from a decision of the Supreme Court, Westchester County, dated April 15, 2003, and an order of the same court, entered August 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7441
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2004-00387 Gerald Zutler, respondent, v Drivershield Corp., d/b/a Drivershield.Com Corp., et al., appellants. (Index No. 654/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated January 8, 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 is granted and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 4, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 4, 2004, 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 motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7467
C/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-02705 In the Matter of My'kia A. (Anonymous). Westchester County Department of Social Services, respondent; Idrissa S. (Anonymous), appellant. (Docket No. N-158-02)
| DECISION & ORDER ON MOTION |
Appeal by Idrissa S. from an order of the Family Court, Westchester County, dated February 25, 2003. By order to show cause dated January 8, 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 28, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated October 28, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until February 27, 2004.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7457
Y/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-07910 In the Matter of Ramzan Ali, petitioner, v Queens County Supreme Court, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7466
Y/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-05962 In the Matter of Nyasha Myjahnara Quaisha B. (Anonymous). Association to Benefit Children/Variety House for Children, respondent; Darlene B. (Anonymous), appellant. (Docket No. B-5979-01)
| DECISION & ORDER ON MOTION |
Appeal by Darlene B. from an order of the Family Court, Kings County, dated June 6, 2003. By order to show cause dated January 14, 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 15, 2003.
Now, 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 dated October 15, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7449
CF/
|
2003-09941 In the Matter of Frederick C. Coburn, appellant, v Danielle J. Coburn, respondent. (Docket No. 36215)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Dutchess County, dated October 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7432
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-09165 In the Matter of Jackie DeCamp, respondent, v Brian DeCamp, appellant. (Docket No. F-07038/02)
| DECISION & ORDER ON MOTION |
Appeal by Brian DeCamp from an order of the Family Court, Suffolk County, dated June 27, 2003. By order to show cause dated January 7, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 20, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated November 20, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until March 10, 2004.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7434
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-04521 In the Matter of David Deutsch, respondent, v Herman Stern, et al., appellants. (Index No. 43469/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 22, 2003.
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 appellants' time to perfect the appeal is enlarged until March 12, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7531
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-08486 In the Matter of William J. Ekert, respondent, v Mary L. Ekert, appellant. (Docket No. O-09057/03)
| DECISION & ORDER ON MOTION |
Appeal by Mary L. Ekert from an order of the Family Court, Suffolk County, dated August 14, 2003. By order to show cause dated December 30, 2003, 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 22, 2003, issued pursuant to 22 NYCRR 670.4(a)(5). Application by the appellant to withdraw the appeal.
Now, on the court's own motion, the papers filed in response to the order to show cause, and upon the application by the appellant, it is
ORDERED that the application is granted, and the appeal is marked withdrawn; and it is further,
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7505
CF/
|
2003-07638 In the Matter of Bernadette Hasslinger, appellant, v North Atlantic Components, Inc., et al., respondents. (Index No. 7439/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7464
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-01753 In the Matter of Maria Krambis, deceased. respondent. (File No. 4401/02)
| 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 Surrogate's Court, Queens County, dated February 19, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until March 5, 2004, and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7431
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-08535 In the Matter of Riva Lava, respondent, v Andreas Damianou, appellant. (Docket No. P-3894/01)
| DECISION & ORDER ON MOTION |
Appeal by Andreas Damianou from an order of the Family Court, Queens County, dated August 18, 2003. By order to show cause dated December 30, 2003, 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 23, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRER 670.4[a]), the scheduling order dated October 23, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[9][2]) and by serving and filing the brief on the appeal is enlarged until March 10 2004.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7433
A/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-01990 In the Matter of Millicent McFarlane, respondent, v Richard Lewis, appellant. (Docket Nos. F-435/00, F-478/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Putnam County, dated December 9, 2002, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court; and it is further,
ORDERED that the motion is denied as academic.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7472
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-11399 In the Matter of Kenneth E. Olsen, deceased. Richard Dauria, appellant; Robert Dauria, respondent. (File No. 342/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Surrogate's Court, Richmond County, dated December 23, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated December 23, 2003, is stayed pending hearing and determination of the appeal on condition that (1) the appellant provide the respondent with proof that he has obtained an insurance policy covering the subject premises for loss due to fire or other damage and premises liability on or before February 17, 2004, and (2) the appeal is perfected on or before March 5, 2004; and it is further,
ORDERED that in the event the appellant does not provide the respondent with proof that he has obtained an insurance policy covering the subject premises for loss due to fire or other damage and premises liability on or before February 17, 2004, or the appeal is not perfected on or before March 5, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7408
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-07813 In the Matter of Juvondi R. Pender, appellant, v New York State Disciplinary Administration, et al., respondents. (Index No. 282/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated July 1, 2003, as a poor person and for the assignment of counsel, and, inter alia, in effect, to stay enforcement of the judgment pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7435
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-00428 In the Matter of Muhini Ramjit, petitioner- respondent, v Heerawatte Ramjit, et al., respondents, Rajesh N. Ramjit, appellant. (Docket No. V-20058-03)
| DECISION & ORDER ON MOTION |
Appeal by Rajesh N. Ramjit from an order of the Family Court, Queens County, dated November 13, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and we decline to grant leave to appeal (see Family Ct. Act § 1112).
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7529
E/sl
A. GAIL PRUDENTI, P.J.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-11311 In the Matter of Sabrina S. (Anonymous). Commissioner of the Administration for Children's Services, appellant; Elena N. (Anonymous), et al., respondents. (Docket No. N-22201/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Queens County, dated December 23, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7385
C/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-03985, 2003-11202
In the Matter of Irving Schachter, appellant, v State of New York Division of Housing and Community Renewal Office of Rent Administration, respondent. (Index No. 6529/02)
| DECISION & ORDER ON MOTION |
Motions by the appellant pro se on appeals from two orders of the Supreme Court, Queens County, entered September 24, 2002, and February 14, 2003, respectively, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeals, and for leave to file an appendix without pagination.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED that the motion to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeals is denied, without prejudice to renewal of the motion upon the filing of a proper appendix; and it is further,
ORDERED that the branch of the motion which is for leave to file a brief and appendix without pagination is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals by submitting a brief and appendix with proper pagination is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals by submitting a brief and appendix with proper pagination is enlarged until March 5, 2004, and the appendix on the appeals and the appellant's brief must be served and filed on or before that date.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7517
S/sl
|
2003-10846 In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.
| ORDER ON APPLICATION |
Application by the respondent Rita Wolff pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answer in a proceeding pursuant to CPLR article 78.
ORDERED that the application is granted and the time of all the respondents to serve and file their respective answers is enlarged until February 27, 2004, and the respondents' answers must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7463
CF/
|
2003-05882 In the Matter of Edwin W. (Anonymous), appellant.
(Docket No. D-1485-03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Family Court, Richmond County, dated June 3, 2003.
Upon the stipulation of the parties, dated January 29, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7484
CF/
|
2003-10855 In the Matter of Zalman Witkon, respondent, v Nicholas Laconti, Jr., appellant. (Index No. 16398/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 21, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7256
F/
HOWARD MILLER, J.
|
2003-10921 The People, etc., plaintiff, v Ewart Brown, defendant. (Ind. No. 3173/97)
| 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 5, 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.
HOWARD MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7418
F/
SONDRA MILLER, J.
|
2003-11083 The People, etc., plaintiff, v Darrell Chapman, defendant. (Ind. No. 8536/98)
| 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 November 25, 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.
SONDRA MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7281
F/
HOWARD MILLER, J.P.
|
2003-11283 The People, etc., plaintiff, v Donovan Coleman, defendant. (Ind. No. 39/01)
| 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 26, 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.
HOWARD MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7277
F/
HOWARD MILLER, J.
|
2003-11275 The People, etc., plaintiff, v Everton Lafayette, defendant. (Ind. No. 4631/83)
| 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 April 21, 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.
HOWARD MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7387
C/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
1999-02417 The People, etc., respondent, v Anthony C. Libardi, appellant. (Ind. No. 256/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered February 24, 1999, to include the minutes of the proceedings which occurred before the County Court, Suffolk County, on February 12, 13, and 14, 1998, and March 24, 1998.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the order of this court dated June 22, 1999, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the minutes of the proceedings which occurred on February 12, 13, and 14, 1998, and March 24, 1998, if they are available, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this court for transmittal to the appellant, without charge; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings during jury selection for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof and provide it to the Clerk of this court for transmittal to the appellant; and it is further,
ORDERED that the appellant's time to serve and file a supplemental pro se brief is enlarged; the appellant shall file nine copies of the supplemental pro se brief and serve one copy on the District Attorney on or before April 24, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the proceedings during jury selection to the respondent when the appellant's supplemental pro se brief is filed.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7380
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2001-03715 The People, etc., respondent, v Mario Mannino, appellant. (Ind. No. 329/98)
| DECISION & ORDER ON MOTION |
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, Richmond County, rendered March 30, 2001.
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 pro se brief previously deposited in the office of the Clerk of this court is deemed timely filed.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7430
A/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2002-04994
The People, etc., respondent, v Justin F. Mitchell, appellant.
(Ind. No. 01-00709)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered May 15, 2002, in effect, for leave to reargue a motion for leave to serve and file a supplemental brief, which was determined by decision and order on motion of this court dated November 6, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7428
A/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
1995-04777 The People, etc., respondent, v Shaliq Peterson, appellant.
(Ind. No. 1585/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered May 3, 1995, for leave to reargue a motion for the assignment of counsel to represent him on an application for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 19, 1999, affirming the judgment of the conviction, which was determined by decision and order on motion of this court dated February 7, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7405
A/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2003-05988 The People, etc., respondent, v Barry Porter, appellant. (Ind. No. 3758/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 28, 2003, as a poor person, and for the assignment of counsel . By order to show cause dated October 29, 2003, the defendant was 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 on the ground that the notice of appeal was not timely filed and the appellant did not move for leave to extend his time to take an appeal (see CPL 460.10, 460.30), and the motion was held in abeyance in the interim. Separate motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment.
Upon the papers filed in response to the order to show cause, and in support and in relation to the motions, it is
ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,
ORDERED that the motions are granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; 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 appellant's and the respondent's briefs; the parties 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 stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Andrew S. Worgan, Esq.
125-10 Queens Blvd - Suite 325
Kew Gardens, New York 11415
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03-R-3162
Cape Vincent Correctional Facility
Route 12E, Box 739
Cape Vincent, New York 13618
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7413
F/
THOMAS A. ADAMS, J.
|
2003-11284 The People, etc., plaintiff, v Hector Reyes, defendant. (Ind. No. 13056/94)
| 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 23, 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