SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MOTION DECISIONS FOR FEBRUARY 6, 2004

TITLECase Number
Ayala v Wood2003-06846
Boles v Dormer Giant, Inc., d/b/a Dormers Are2003-03548
Brooker v Town of Tuxedo2004-00277
Coviello v J.J. Sisca Construction Corp.2003-03993
Davey v Davey2003-08763 + 2
EMP of Cadillac, LLC v Assessor of the Villag2003-05952
Equicredit Corporation of America v Williams2003-06213
Greenstar Enterprises, Inc. v DiSalvo2003-10954
Halali v Evanston Insurance Company2003-05857 + 1
Halali v Vista Environments, Inc.2003-06758
Kentish v Geanacopoulos, a/k/a Basile2003-02904
Kumar v Yonkers Contracting Company, Inc.2003-04036
Millstein v Toys R Us2003-03839
New York Mortgage Servicing Corp. v Young2003-06232
Ortiz v Smith2003-08357
Talk of The Town Realty Corporation v Sobolin2003-05703
Town of Putnam Valley v Sacramone2003-07686
Williams v City of White Plains2003-04900
Wynn v Raji2003-04790
Mtr of A. (Anonymous), Lior2003-02120 + 1
Mtr of A. (Anonymous), Toniqua2002-11562 + 1
Mtr of Brennan v Johnson2003-05136
Mtr of CNA Insurance Company v Arce2003-06889
Mtr of Calicchio v Calicchio2003-10983
Mtr of DePiazzy v Lakey2003-00491
Mtr of Dismissal Causes Failure to PerfectJanuary 2004
Mtr of E and J Sylcox Realty, Inc. v Town of Ne2003-07009
Mtr of Joy Builders, Inc. v Town of Clarkstow2003-09332
Mtr of K. (Anonymous), Joseph2003-09966
Mtr of K. (Anonymous), Shaquana; St. Christop2003-05551
Mtr of Lee v Lee2003-04600
Mtr of M. (Anonymous), Janih2004-00787
Mtr of Malloy v Incorporated Village of Sag H2003-03061
Mtr of Nightingale v Nightingale2003-11117
Mtr of T. (Anonymous), Khierk2003-09155
Mtr of Tsavalos v N.P.E. Restaurant Corporati2001-03837
Mtr of Valle v Valle2003-07394
Peo v Alster, Steven2002-05396
Peo v Bellamy, Stanley2002-04121
Peo v Bonner, Richard1998-08204
Peo v Dewall, Wayne2002-04346
Peo v Harris, Donnell2003-06886
Peo v Lewis, Raymond1999-03520
Peo v Peoples, Willie2002-06564
Peo v Roman, David2003-11276
Peo v Stevenson, Rodney2002-09363
Peo v Wiggins, Marcus2003-09277
Peo v Williams, Jasiem2003-11012







Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7538

J/sl

2003-06846

Maria Ayala, plaintiff-respondent,

v Mark D. Wood, appellant, Eddie Cortes,

et al., defendants-respondents.

(Index No. 468/03)

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, Suffolk County, dated June 16, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 31, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7649

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-03548

Douglas Boles, et al., plaintiffs-respondents,

v Dormer Giant, Inc., d/b/a Dormers Are Us,

defendant third-party plaintiff-appellant;

Personal Touch Home Improvements, Inc.,

third-party defendant-respondent.

(Index No. 10362/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered March 27, 2003, to enlarge the record on appeal and to stay all proceedings 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 denied.

SANTUCCI, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7483

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-00277

Brian Brooker, plaintiff, v

Town of Tuxedo, et al., defendants.

(Index No. 1319/02)

DECISION & ORDER ON MOTION
Motion for Leave to Appeal to the
Appellate Division

Motion by Brian Booker for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated July 11, 2003, which reversed a judgment of the City Court, City of Middletown, entered July 7, 2000.

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 denied.

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7602

S/sl

2003-03993

Gerald Coviello, et al., plaintiffs-respondents,

v J.J. Sisca Construction Corp., et al., defendants-

respondents, J.J. Sisca & Associates Building

Corporation, etc., appellant

(and a third-party action).

(Index No. 17236/00)

ORDER ON APPLICATION

Application by the respondent PQ Controls, Inc., and separate application on behalf of the remaining respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Westchester County, dated March 21, 2003.

ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until March 15, 2004, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7688

E/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-08763, 2003-08765, 2003-08766

Mary R. Davey, respondent,

v Peter F. Davey, appellant.

(Index No. 10437/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Westchester County, entered September 2, 2003, September 10, 2003, and September 15, 2003, respectively, inter alia, for summary reversal.

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., LUCIANO, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7663

S/sl

2003-05952

EMP of Cadillac, LLC, respondent, v

Assessor of Village of Spring Valley, et al.,

appellants.

(Index No. 6161/02)

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, Rockland County, dated May 21, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 24, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7436

C/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-06213

Equicredit Corporation of America, etc.,

respondent, v Virgilio P. Williams, et al.,

defendants, Kunjunjamma Kuriakose, a/k/a

K.M. Kuriakose, appellant.

(Index No. 2393/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered May 27, 2003, to direct the Westchester County Detectives Office, Department of Public Safety, to unseal certain files.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7555

A/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

NANCY E. SMITH

REINALDO E. RIVERA, JJ.

2003-10954

Greenstar Enterprises, Inc., appellant,

v Steven DiSalvo, defendant-respondent;

United States of America, intervenor-

respondent.

(Index No. 24452/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 13, 2003, to vacate a stay of proceedings granted by the order dated November 13, 2003, 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 denied.

RITTER, J.P., ALTMAN, SMITH and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7665

M/mv

2003-05857, 2003-06766

Aliza Halali, et al., respondents, v

Evanston Insurance Company, appellant.

(Index No. 51706/02)

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 appeals from two orders of the Supreme Court, Kings County, dated April 14, 2003, and June 18, 2003, respectively.

ORDERED that the application is granted and the brief that was deposited in the office of the Clerk of this court on February 6, 2004, is accepted for filing; and it is further,

ORDERED that the reply brief, if any shall be served and filed on or before February 18, 2004.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7666

M/mv

2003-06758

Aliza Halali, et al., respondents, v

Vista Environments, Inc., appellant.

(Index No. 17957/96)

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 July 2, 2003.

ORDERED that the application is granted and the brief that was deposited in the office of the Clerk of this court on February 6, 2004, is accepted for filing; and it is further,

ORDERED that the reply brief, if any shall be served and filed on or before February 18, 2004.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7657

M/mv

2003-02904

Jacqueline M. Kentish, appellant, v Lisa A.

Geanacopoulos, a/k/a Lisa A. Basile, et al.,

respondents.

(Index No. 23515/99)

ORDER ON APPLICATION

Application by the respondent Lisa A. Geanacopoulos, a/k/a Lisa A. Basile 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, Kings County, dated March 24, 2003.

ORDERED that the application is granted and the time of the respondent Lisa A. Geanacopoulos, a/k/a Lisa A. Basile to serve and file a brief is enlarged until February 6, 2004, and that respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7586

J/sl

2003-04036

Vinod Kumar, et al., appellants, v

Yonkers Contracting Company, Inc.,

et al., respondents.

(Index No. 6100/01)

ORDER ON APPLICATION

Application by the respondent Yonkers Contracting Company, Inc., 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, Queens County, dated March 26, 2003.

ORDERED that the application is granted and the time of the respondent Yonkers Contracting Company, Inc., to serve and file a brief is enlarged until March 3, 2004, and that respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7482

C/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-03839

Gladys Millstein, appellant, v Toys R Us,

respondent (and a third-party action).

(Index No. 28114/99)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 26, 2003, for failure to timely perfect the same.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7618

E/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-06232

New York Mortgage Servicing Corp., appellant, v

James L. Young, etc., respondent, et al. defendants.

(Index No. 24362/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 15, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until 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; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7540

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-08357

John Ortiz, plaintiff-respondent, v Steven Smith,

et al., defendants third-party and second third-party

plaintiffs-appellants; Harco Chemical Coating, Inc.,

et al., defendants second third-party defendants-

respondents; J & F Floors, third-party defendant.

(Index No. 30070/00)

DECISION & ORDER ON MOTION

Motion by the defendant second third-party-defendant T.C. Dunham Paint Corp., s/h/a T.C. Dunham Varnish Corp., to dismiss an appeal from so much of an order of the Supreme Court, Queens County, dated July 10, 2003, as granted its motion to sever the second third-party action, on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and the appeal from so much of the order as granted the movant's motion to sever the second third-party action is dismissed as academic, without costs or disbursements.

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7599

J/sl

2003-05703

Talk of the Town Realty Corp., appellant,

v Anna Sobolinsky, et al., respondents.

(Index No. 18938/02)

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, Kings County, dated May 12, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 8, 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




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7606

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

SANDRA L. TOWNES, JJ.

2003-07686

Town of Putnam Valley, respondent, v

Ann Marie Sacramone, appellant.

(Index No. 660/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Putnam County, August 5, 2003, in effect, to deem the record on appeal filed in connection with an appeal from an order of the same court dated November 2, 2002, which was pending under Appellate Division Docket No. 2003-00298 to be the record on this appeal, on condition that she file a supplemental record, and to enlarge the time to perfect this 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 deem the record filed under Appellate Division Docket No. 2003-00298 to be the record on this appeal is granted on condition that the appellant files a supplemental record containing the notice of appeal from the order dated August 5, 2003, the order dated August 5, 2003, and the papers submitted to the Supreme Court, Putnam County, which resulted in the order dated August 5, 2003; and it is further,

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 appellant's time to perfect the appeal is enlarged until May 3, 2004, and the supplemental record and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7603

S/sl

2003-04900

Irene Williams, respondent, v City of White

Plains, appellant, et al., defendants.

(Index No. 15924/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated April 15, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before February 13, 2004.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7617

C/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2003-04790

Tracey M. Wynn, et al., appellants, v

Ledhoud Raji, et al., respondents.

(Index No. 4960/00)

DECISION & ORDER ON MOTION

Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 14, 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 respondents' time to serve and file a brief is enlarged until February 17, 2004, and the respondents' brief must be served and filed on or before that date.

S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7556

C/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-02120, 2003-09411

In the Matter of Lior A. (Anonymous), appellant.

Commissioner of New York State Office of

Mental Health, respondent; Dov A. (Anonymous),

intervenor-appellant.

(Index No. 1521/98)

DECISION & ORDER ON MOTION

Motions by the appellant pro se and the intervenor-appellant pro se on appeals from two orders of the County Court, Nassau County, dated December 2, 2002, and December 4, 2002, respectively, for leave to reargue motions, inter alia, to enlarge the time to perfect the appeals and to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on the appeals, which were determined by decision and order of this court dated December 18, 2003.

Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motions are denied.

FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7669

M/mv

2002-11562, 2003-01513

In the Matter of Toniqua A. (Anonymous),

appellant.

(Docket No. D-310-02)

SCHEDULING ORDER

Appeals by the juvenile from two orders of the Family Court, Westchester County, dated May 20, 2002, and February 6, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 21, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7537

C/sl

GLORIA GOLDSTEIN, J.P.

HOWARD MILLER

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-05136

In the Matter of Constance Brennan, petitioner,

v Glen A. Johnson, respondent-respondent;

Law Guardian Bureau, nonparty-appellant.

(Docket Nos. V-528/02, V-529/02)

DECISION & ORDER ON MOTION

Motion by the respondent-respondent to dismiss an appeal from an order of the Family Court, Suffolk County, entered June 10, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements, on the ground that the order entered June 10, 2003, was superseded by a dispositional order of the same court dated August 5, 2003; and it is further,

ORDERED that the stay of enforcement of the order of the Family Court, Suffolk County, entered June 10, 2003, granted by decision and order on motion of this court dated June 25, 2003, is vacated.

GOLDSTEIN, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7528

C/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2003-06889

In the Matter of CNA Insurance Company,

appellant, v Albert Arce, respondent.

(Index No. 15293/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated January 7, 2003, for failure to timely perfect the appeal. Cross application by the appellant for leave to withdraw the appeal.

Upon the papers filed in support of the motion and the cross application, and the papers filed in opposition or relation thereto, it is

ORDERED that the cross application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7567

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-10983

In the Matter of Ann Calicchio, respondent,

v Steven Calicchio, appellant.

(Docket No. V-16263/03)

DECISION & ORDER ON MOTION

Appeal by Steven Calicchio from an order of the Family Court, Suffolk County, dated November 6, 2003.

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).

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




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APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7668

J/sl

2003-00491

In the Matter of Steven DePiazzy, et al.,

appellants, v Marlies Lakey, defendant third-party

plaintiff-respondent, Walter Coleman, etc, et al.,

defendants-respondents; Richard C. Urban,

third-party defendant-respondent.

(Index No. 47/95)

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 Surrogate's Court, Suffolk County, dated November 22, 2002.

ORDERED that the application is granted and the reply brief shall be served and filed on or before February 11, 2004.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M6598

In the Matter of the Dismissal of

Causes for Failure to Perfect - Di

January 2004 Calendar

DECISION & ORDER ON MOTION

smissal for Failure to timely Perfect

The appellants or petitioners in the following named causes have failed to perfect their respective appeals or proceedings within the time limitations specified in subdivision (e) of sections 670.8 of the rules of this court (22 NYCRR 670.8[e]). The titles of the matters appeared on a dismissal calendar published in the New York Law Journal, and the appellants or petitioners failed to make applications to enlarge the time to perfect within 10 days after the last date of publication.

Pursuant to 22 NYCRR 670.8(h) it is,

ORDERED that the following named causes are dismissed.

Docket No. Title

2000-05689 Town of Ramapo v Feferkorn

2001-04814Tatar v Port Authority of New York

2001-08069Arbolino v Arbolino

2001-08378Macklin v Macklin

2002-00216Arbolino v Arbolino

2002-01191Matter of Taxter Park Associates v Assessor for Town of Greenburgh

2002-01797Matter of Taxter Park Associates v Assessor For Town of Greenburgh

2002-04317Brongo v Brongo

2002-04655Urban Medical Diagnostics, P.C. v Liberty Mutual Insurance Compan

2002-04866Schaffer v Schaffer

2002-05286Paladino v Commack Union Free School District

2002-05922O'Dwyer v O'Dwyer

2002-08545Matter of Highlawn Associates, LLC v Division of Housing & Community

2002-08665Kohler v Pat Food Corp., d/b/a McDonald's

2002-08728Lenowicz v Caliri

2002-09110Matter of Maddox v Goord

2002-10817Matter of Ramrattan v Ramrattan

2002-10827Melo v Spring Associates

2002-10956Matter of C., Adam Jr.; Department of Social Services

2002-11073Matter of Thomson Industries, Inc. V Village of Port Washington North

2002-11568Abid v Edwards

2003-00033Benjamin v Benjamin

2003-00060P.T. Bank Central Asia v Kenlin, Inc. D/b/a Kenlin Company, Inc.

2003-00271County of Nassau v Spinelli

2003-00301Lauria v Lauria

2003-00402Frankel v Hirsch

2003-00656Matter of Webb v Commissioner of Department of Motor Vehicles

2003-00681Estis v Estis

2003-00689Brandwin v Brandwin

2003-00873DiGiovanni v Friedman

2003-00889Czaczkowski v Czaczkowski

2003-01112Jean v Richard

2003-01160Hess v USA Recycling

2003-01190Panchi v City of New York

2003-01279Sohn v New York City Transit Authority

2003-01349Ingle v Ingle

2003-01364Matter of Ruiz v Goord

2003-01511Frost v Goldberg

2003-01700Plattdeutsche Volk Fest Vereen Von Brooklyn Um Umgegend v Board of Ass

2003-01712Bodden v Mayfair Supermarkets, Inc., d/b/a Edwards Super Food Stores

2003-01715Calvo v Calvo

2003-01716Thomopoulos v Thomopoulos

2003-01974Lopez v Gonzalez

2003-02060Pino v Robert Martin Company

2003-02091Cara v Mt. Sinai Hospital

2003-02122Nowak, d/b/a Norwak Farms v Madura

2003-02149Messing v Katlowitz

2003-02155Vergara v D&T Construction Corp.

2003-02190Vellia v Morency

2003-02237Hicks v Curry

2003-02343Liker v Weider

2003-02494Graves v Halaka

2003-02497Wancel v City of New York

2003-02526Lawton v Lawton

2003-02530Matter of K., Ronald; Pilgrim Psychiatric Center

2003-02532Transfer Online, Inc. V Sickbay Health Media, Inc.

2003-02602Kennedy v Kennedy

2003-02604Singh v Atakhanian

2003-02669Schlesinger v Schlesinger

2003-02810Galeana v Brown

2003-02811Dovale v Dovale

2003-02813Bradley v New York City Housing Authority

2003-02830New York City Transit Authority v Whitman Painting Corporation

2003-02897Pennise v Common Ground Community II Housing Development Fund Corp., I

2003-02903Redmond v Coletti

2003-02905Poulos v Andrew G. Rothstein, Esq.

2003-02917Lycar Advisory Services, LLC v CMU Designers & Builders, Inc.

2003-02950Schlesinger v Schlesinger

2003-02960Pichardo v Peerless Machinery Corporation

2003-02965Landmark Communications, Inc. V Nextech Training Solutions, LLC

2003-02996Matter of Cicchetti v Board of Zoning Appeals of the Town of Smithtown

2003-02998Hollis v Kellog

2003-03008Fino v Regional Imaging & Therapeutic Radiology Services, P.C.

2003-03014Matter of Jowers, James; City of New York

2003-03030People of the State of New York by Eliot Spitzer v Delgado

2003-03033Gould v The Acquirer

2003-03036Carabie Corporation v Mcnamee Construction Corporation

2003-03038Ardovini v Ardovini

2003-03058Marzullo v General Motors Corporation

2003-03064Steinberg v D. Waldner Co., Inc

2003-03065McHale v Hill

2003-03070Lyon v Franciscan Brothers

2003-03076Handal v Hart

2003-03089GMAC Commercial Mortgage Corporation v S.K. New York, LLC

2003-03096Guha v Taneja

2003-03099Esposito v Atherton

2003-03116Matter of Snell, Deceased; Robinson

2003-03120Grinkorn v Wren

2003-03122Johnson v Incorporated Village of Hempstead

2003-03125Matter of Tri-State Consumer Insurance Company v Klentzin

2003-03128LVF Realty Company, Inc. V State of New York

2003-03144Goldberg v City of New York

2003-03168Davilar v Nicoli

2003-03169Lieberman v Friedman

2003-03170Warren v Allstate Insurance Company

2003-03172Neilson v New York City Health and Hospitals Corporation

2003-03179Jampolskaya v Gomelsky

2003-03183Plantamura v Butler

2003-03191Lauria v Lauria

2003-03199Strickoff v Silverberg

2003-03204Matero v Hart

2003-03213Lauria v Lauria

2003-03252Stern v Stern

2003-03253Davey v Davey

2003-03261Burgher v City of Mount Vernon

2003-03281Smith v Connell

2003-03282Aviation Constructors, Inc. V Baldassano Architectural Group, P.C.

2003-03296Mercer v Mercer

2003-03299Caicedo v City of New York

2003-03302Perez v City of New York

2003-03303Fezzuoglio v Ascencio

2003-03328Mansoori v Petitte

2003-03334Matter of Great American Insurance Company v Alam

2003-03336Cornejo v Hocevar

2003-03339Matter of Gordon v Travis

2003-03345Ya Wen Yen v Shui Wang Chiu

2003-03357Matter of Gentile v Board of Zoning Appeals of Town of Brookhaven

2003-03359American Mortgage Express Corporation v Stellar, LLC

2003-03363Matter of Husney v Board of Zoning Appeals of Town of Brookhaven

2003-03373Matter of KSI Rockville, LLC. V Eichengrun

2003-03374Stolze v Central Islip-Hauppauge Volunteer Ambulance Corporation

2003-03378Matechin v Feygin

2003-03379Kotlyarsky v New York Post

2003-03380Swaby v AMEC, Corporation f/k/a Morse Diesel International, Inc.

2003-03381Swaby v AMEC, Corporation f/k/a Morse Diesel International, Inc.

2003-03384Samet v Bedford Flushing Holding Corporation d/b/a The Concord Plaza

2003-03386Matter of Rovito d/b/a Bayridge Endoscopy and Digestive Health Center

2003-03393Golebiewski v Shaya B. Pacific, LLC

2003-03414Neiderman v Neiderman

2003-03416Angulo v City of New York

2003-03423Connor v City of New York

2003-03429Matter of Vasquez v Goord

2003-03432Lowe v Degeneste

2003-03438Goldsmith v Layton

2003-03441Safina v Stop & Shop Companies, inc. d/b/a Foodtown Supermarkets

2003-03451Matter of Barbera v Barbera

2003-03452Brown v Weber

2003-03455Matter of McComb v Delfino

2003-03459Baker, f/k/a Berenberg v Monarch Life Insurance Company

2003-03460Izzo v Great Atlantic & Pacific Tea Company, Inc., d/b/a Food Emporium

2003-03461Krebs v Howe Avenue Nursing Home, Inc.

2003-03462Bleakley v Town of Cortlandt

2003-03473Fink v Guedj

2003-03474Roldan v Seaman Furniture Company, Inc.

2003-03478Masino v Village of Monroe

2003-03479Matter of Antona v Planning Board of the Town of Blooming Grove

2003-03482Bankers Trust Company of California v Hynes

2003-03491Kingston v Breslin

2003-03498Neshev v Polizzi

2003-03526Gerzof v Lerner Siblings Partnership

2003-03527Gerzof v Lerner Siblings Partnership

2003-03528Weilgus v Garcia

2003-03538Dow v Vinny's Diagnostic Service Center, Inc.

2003-03543Badalamenti v Badalamenti

2003-03547Dougherty v North Fork Bank

2003-03549Matter of Lamburini v LoGiudice

2003-03550Rosenthal v Rosenthal

2003-03554Matter of Liberty Mutual Insurance Company v Guevara

2003-03560Bonasia v Bonasia

2003-03563DiDomenico v Seaford Union Free School District

2003-03564The CIT Group/Consumer Finance, Inc. V Henderson

2003-03565Barbieri v Barbieri

2003-03571Falgoust v Falgoust

2003-03572Matter of Lancer Insurance Company v Macchio

2003-03574Jenner v Town of Hempstead

2003-03577Miot v Jacobs

2003-03578Serota v William G. Brownstein, D.D.S., P.C.

2003-03579Larsen Home Improvement, Corp. V CNA Commercial Insurance

2003-03582Catapano v Long Island Railroad

2003-03588Balestras v J.R.J., LLC

2003-03596Belenko v Blackstone Limo

2003-03603Kastner v Bezack

2003-03607Motors & Armatures, Inc. V Lattanza

2003-03612Yarishimi v New York City Transit Authority

2003-03615Rice v Food Dimensions

2003-03616Matter of Allstate Insurance Company v Jaccarino-Ross

2003-03623Oren v Horing, Welikson & Rosen, P.C.

2003-03628Chevannes v City of New York

2003-03630Matter of Hooper-Kowalko v New York City Employees' Retirement System

2003-03631Amanollahi v Amanollahi

2003-03634Rosas v Smith

2003-03641Umbrino v Greenburger

2003-03644Babaisakova v Yusupov

2003-03650Richardson v Richardson

2003-03651Lowe v Degeneste

2003-03652Quincy Mutual Fire Insurance Company v Angelo

2003-03654Tsapelas v Mastroianni

2003-03655Sigmund v Allstate Insurance Company

2003-03674King v New York University

2003-03683Best v State of New York

2003-03684DelGigante v Porcari

2003-03685Corrigan v State of New York

2003-03686Corrigan v State of New York

2003-03688Motyka v Storr Tractor Co., Inc.

2003-03689Motyka v Storr Tractor Co., Inc.

2003-03690WillBerry Corporation v Schwartz

2003-03698Caponigro v Lucchi-Caponigro

2003-03733Montefiore Medical Center v Lewis

2003-03752Stevens v 50-21 Owners, Ltd.

2003-03755Bliey v City of New York

2003-03762Economides v City of New York

2003-03790Alongi v Marshalls of MA, Inc.

2003-03792Matter of Messina, Vincent Jr.; Henry P. Azzinaro

2003-03794Jaffe v Jaffe

2003-03795Paultre v Bayliss

2003-03811Satar v Zoning Board of Appeals of Town of Huntington

2003-03821Clayborn v Freeport Housing Authority

2003-03825Matter of Johnson v Corwin

2003-03828Castellon v Oleksiak

2003-03829Lannon v Hardy

2003-03830LCS Realty Co., Inc. V Durkin

2003-03842Gerzof v Lerner Siblings Partnership

2003-03845Stadok v Stadok

2003-03847Matter of Ragonese v Ragonese

2003-03848Landmark Properties, Inc. V Eagleson

2003-03849Long Island Pulmonary Associates, P.C. v Metropolitan Life Insurance C

2003-03852Savage v Dampf

2003-03858Richard J. Smith Enterprises, Corp. V Anthonisen's Poultry Farm, Inc.

2003-03870Motta v Motta

2003-03871Whitson v Hayim

2003-03880Feliciano v Montolio

2003-03881Pavlicas v Alexander's Department Stores of Brooklyn, Inc.

2003-03887Helbling v City of New York

2003-03889Zaslow v Richards

2003-03894Matter of Pellegrino v Casey

2003-03903Santos v Cherry Custom Made Cabinets, Inc.

2003-03904Ackerman v Gebbia-Ackerman

2003-03906Burgess v New York City Transit Authority

2003-03912Kampel v Kampel

2003-03913MacShane v MacShane

2003-03915Matter of Barroca v Zoning Board of Appeals 9f Town of North Hempstead

2003-03916Saldana v New York City School Construction Authority

2003-03918Ojeda v Federal Express Corporation

2003-03922Matter of Brown v City of New York

2003-03925Mandel v City of New York

2003-03927Williams v Martinez

2003-03934Smith v Thompson

2003-03944Hooper v Hooper

2003-03952Sinclair v Sinclair

2003-03961Castaldo v Clarkstown central School District

2003-03962Matter of Hulse v Town of Ramapo

2003-03964Zinser v Rubinstein

2003-03965Tabacco v Tabacco

2003-03970Argento v KM and Art, Inc., d/b/a Toyo Foods

2003-03979Ruiz v Blossom Plus, LLC

2003-03980Delta Funding, Corp. V Delasho

2003-03983Pepe v Dan's Supreme Supermarket, Inc. D/b/a Key Food

2003-03989Meyers v Reckson FS Limited Partnership

2003-03991Dutan v Kit Realty Inc.

2003-03996DiOrio v DiOrio

2003-03999Jamaica Hospital Medical Center v Carrier Corporation

2003-04010Jamaica Hospital Medical Center v Carrier Corporation

2003-04048Kevel v Giant Food Stores, Inc., d/b/a Edwards Super Food Stores, a/k/

2003-04058Matter of Estate of Samuel Seigel, Deceased; Sims; Schantz

2003-04070Seaman v Shaw

2003-04072Ax v Basch

2003-04075Matter of State Farm Mutual Automobile Insurance Company v Jacques

2003-04083Visconti v Horowitz

2003-04088Malkinzon v Dial Car, Inc.

2003-04091Grella v Castle Collision Centers, Inc.

2003-04096Novack v Rizzuto

2003-04098Park v Sone

2003-04099Aurora Loan Services, Inc. V Faraci

2003-04102Altman v Finger

2003-04104Matter of McLaurin v Amacucci

2003-04115Elias v Karl Koch Erecting Company, Inc.

2003-04116Sibiri v City of New York

2003-04120Rodriguez v Joseph

2003-04121Loregio v Brooklyn Home Dialysis Training Center, Inc.

2003-04123Reiner v New York City Transit Authority

2003-04125Alvarez v Munj

2003-04128Fridman v Huang

2003-04129Matter of American Home Assurance Company, s/h/a AIG Insurance Company

2003-04130Matter of Eagle Insurance Company v Russell

2003-04139Colavito v City of New York

2003-04140DePasquale v DellaPertua

2003-04144Alouidor v Alouidor

2003-04146Matter of Jovin III LLC v NYS Division of Housing & Community Renewal

2003-04147McClure v Schindler Elevator Corporation

2003-04150Gebbia v Klein

2003-04155Mikke v Duffy

2003-04159Matter of Jandura v Travis

2003-04170Abalon Precision Mfg. Corp. V Flair International Corporation

2003-04185Chase Manhattan Bank v Driver

2003-04186Marlowe v Elmwood, Inc.

2003-04187Tuma v Galgano

2003-04190Rodriguez v San Mateo Construction Corporation

2003-04191Commonwealth Life Insurance Company v Naber

2003-04192Sieria v Alfonso

2003-04193Commonwealth Life Insurance Company v Naber

2003-04194Ambrose v Capalbo

2003-04195Miller v Gordon

2003-04197Hi Pockets, Inc. V The Music Conservatory of Westchester, Inc.

2003-04198Lotten v Town of Mount Pleasant

2003-04203Paletta v Burr

2003-04206Matter of Barbera v Barbera

2003-04213Bakst v Highview Estates, Inc.

2003-04217Southern Dutchess Law Centre, P.C. v Lange

2003-04219Matter of Fitzgerald v Town of Woodbury

2003-04228Pawlukiewicz v Pawlukiewicz

2003-04232Matter of Falango, Marie C.; Geraldine Clapp

2003-04233Adkins v Ridgewood Savings Bank

2003-04234Ro-An Industries Corporation v Converting Systems, Inc.

2003-04235Criollo v Acevedo

2003-04236Hussain v Atlas Plumbing & Heating, Inc.

2003-04237Fandy Corp. V Chen

2003-04239Hwang v Hwang

2003-04244Matter of Zucker v Trotta

2003-04246Cimino v 1987 Toyota, Vin No.JT2AE83E9H3460028

2003-04253Hashem v Wenham Realty Corporation

2003-04257Picart v Krueger International, d/b/a Adirondack Chair, Co., Inc.

2003-04258Sung v Romano

2003-04266DeBlasi v City of New York

2003-04268Matter of Estate of Fannie Ruddock; Chris Pappas; Bernard Duncan

2003-04273Matter of Behrins v Ivani

2003-04312Anderson v Anderson

2003-04331Matter of State Farm Insurance Company v Page

2003-04336Sutherland v City of New York

2003-04339Katsnelson v Longo

2003-04340Lugo v City of New York

2003-04342Laub v The Chelsea Equestrian Center, Inc.

2003-04345Arroyo v Marvin Gold Management, Corp.

2003-04349First Trust National Association v David

2003-04354Gonzalez v New York City Housing Authority

2003-04355Abrazi v Kotlyarsky

2003-04356Vargas v New York City Transit Authority

2003-04357Castro v New York City Housing Authority

2003-04362Matter of Matra v New York City Employees' Retirement System

2003-04365Freibrun v Perin

2003-04371Jordan v Eltech Industries, Inc.

2003-04372Matter of State Farm Insurance Company v Murdakhayev

2003-04374Rogers v Riggs

2003-04381Thompson v Thompson

2003-04383Raglin v Raglin

2003-04385Matter of Nationwide Assurance Company v Ippolito

2003-04390Haupert v Maksin Management, Corp.

2003-04409Taylor v State of New York

2003-04426Lewis v County of Suffolk

2003-04442New York Medical College v Histogenetics, Inc.

2003-04444Jianping Wang v Gams

2003-04446D'Ambrosio v Montero, Finizio, Velasquez, Weissing & Reyes, P.A.

2003-04450Montanile v American Student Assistance Services, Inc.

2003-04452Saferstein v Klein

2003-04453Decea v Hawthorne Brothers Tree Service Inc.

2003-04454Decea v Hawthorne Brothers Tree Service, Inc.

2003-04455Decea v Lawrence

2003-04458Patel v North Shore University Hospital, Inc.

2003-04459Simel v City of New York

2003-04464Matter of Met Life Auto & Home v Chan

2003-04475Warren v Vertical Elevator Company, Inc.

2003-04476Matter of R. Brinkley Smithers, Deceased; Ziegler, Henry

2003-04482Yuriditsky v Yuriditsky

2003-04484Tafra, a/k/a Mohammad v Healy, a/k/a Lewandowski, a/k/a Tafra

2003-04488Caccavale v Bohensky

2003-04505Matter of G.J. DiBenedetto, M.D., P.C. Retirement Trust v Nationwide

2003-04507Wall v Wall

2003-04509Matter of Epstein v Martinez

2003-04510Duane Reade v Block 247, LLC

2003-04511Sheridan v New York City Department of Health Bureau of Daycare

2003-04532Kovalenko v General Electric Capital Auto Lease, Inc.

2003-04533Salsano v Brookdale Surgical Associates

2003-04536Baig v Williams

2003-04537Burton v Sterling Optical, Corp.

2003-04544Lang v Lang

2003-04546Empire Insurance Group v Cannilla

2003-04555Haqq v Brooklyn Van Lines, Inc.

2003-04564Bishop v Parker

2003-04565Miller v City of New York

2003-04575Schultz v Sloan

2003-04577Arce v W.K.P.

2003-04578Aroose v Aroose

2003-04584Papa a/k/a Popescu v 24 Caryl Avenue Realty Co.

2003-04587Matter of Congregation Yetev Lev D'Satmar, Inc., v Kahana

2003-04588Matter of Congregation Yetev Lev D'Satmar, Inc., v Kahana

2003-04596O'Connor v O'Connor

2003-04597Albert v Rablo, Inc.

2003-04605Rutkowski v Russo

2003-04639Glasgow v Brown

2003-04642Fairways at North Hills Condominium v State of New York

2003-04658Hernandez v City of New York

2003-04664Intriago v Valerio

2003-04668Lukas v Beige

2003-04670Matter of Green v Western Suffolk BOCES

2003-04672Gemmitti v Ramirez

2003-04674Pollack v Pollack

2003-04679Burke v Burke

2003-04681Lopez v 1148 Corporation

2003-04683Lopez v 1148 Corporation

2003-04684Cohen v Merems

2003-04691Burke v Burke

2003-04693Dascole v Hofstra University

2003-04698Northman Realty, LLC v Paul Beck Associates, P.A.

2003-04706Water Club Homeowner's Association, Inc. V Town Board of the Town of H

2003-04707Percaro v Walgreens, Inc.

2003-04713Washington Mutual Bank, FA. V Rudolph

2003-04714Workers Compensation Board of State of New York v International Haircu

2003-04720Truckers Bank Plan, A Division of 1st Source Bank v RIT Auto Leasing G

2003-04739Krasinski v All-Island OB/GYN, P.C.

2003-04741Ayromlooi v Staten Island University Hospital

2003-04744Matter of Ross, Leonard M.; Estate of Agnes Carvel

2003-04747Hyatt v Powell

2003-04749Lyman v Carson

2003-04752Matter of Levy v Nassau Health Care Corporation

2003-04753Vukich v Sutaria

2003-04756Kirschner v Nationwide Mutual Insurance Company

2003-04763Horowitz v Horowitz

2003-04767Green v Western Suffolk BOCES

2003-04770Lasalle National Bank v Young

2003-04771Eslava v Garcia

2003-04774Lattuga v Orlin

2003-04791Watters v 354 Main Street Corporation

2003-04792Lobosco v City of New York

2003-04797Singh v Boscaino Auto

2003-04804Shahid v New York City Housing Authority

2003-04807Rhodes v John S. Burke Catholic High School

2003-04808Espinel v Basile

2003-04809Velker v Velker

2003-04813Matter of Herion v Thacker

2003-04824Alfaro v Frail

2003-04831Matter of Fowler v Zoning Board of Appeals of the Town of Orangetown

2003-04834Meagher v Leary

2003-04837Matter of Gomez v Pace University

2003-04842Bolton v Estates At Bayside Owners, Inc.

2003-04849Matter of New York Central Mutual Fire Insurance Company v Williams

2003-04866Gunnell v Bally Total Fitness Corporation

2003-04867Croft v John Doe

2003-04872Alvear v State of New York

2003-04873State Farm Fire and Casualty Company v National Grange Mutual Ins. Co.

2003-04877Leone v Forchelli & Forchelli

2003-04885Rasheed v J.A. Jones Construction Group, Inc.

2003-04886Scarpelli v Village of Hastings-On-Hudson

2003-04887Guarino v West-Put Contracting Co.

2003-04888Wieseneck v Marvin & Sons Jewelery & Gifts

2003-04891LaSalle Bank National Association v City of Mount Vernon

2003-04895Kearney v Neurosurgeons of New York

2003-04897Boylan v Cole

2003-04899Spier v Horowitz

2003-04902Hepner v New York City Transit Authority

2003-04906Esposito v Enterprise Rent-A-Car Company

2003-04908Rafai v Ollivierre

2003-04913Slater v Staten Island University Hospital, Inc.

2003-04919Yellin v North Shore University Hospital

2003-04923Weinstein v Grew d/b/a Mag Construction

2003-04928Rodriguez v City of New York

2003-04930Quiroz v City of New York

2003-04932Floratos v Loria

2003-04934Consiglio v Staten Island University Hospital

2003-04935Smith v Hospital For Joint Diseases

2003-04939McNaughton v Wooh, M.D.

2003-04943Sater v Suffolk County Department of Social Services

2003-04944Bankers Trust Company of California v Jones

2003-04954Vizcarrondo v GEM Community Management, Inc.

2003-04960Lorincz v Silberman

2003-04962Kainth v Kainth

2003-04982Phillips, d/b/a Oreilly Home Improvements v Blount

2003-04987Chase Manhattan Bank, f/k/a Chemical Bank v Scholarship, Inc., d/b/a F

2003-04988Candela v Walston

2003-04992Konezny v Price

2003-04993Truckers Bank Plan, A Division of 1st Source Bank v RIT Auto Leasing G

2003-05002Sullivan v Gomez

2003-05004Mercado v Barrow

2003-05015Thaler-Scheiner v Scheiner

2003-05031Karavanskaya v New York City Transit Authority

2003-05032Frankel, as Nominee for Knoff v Phylor Realty, Co.

2003-05033Werzberger v 16th Avenue & 45th Street, Corp.

2003-05035Najjar v Silver Gull Club, Inc.

2003-05042Ansari v Bronx Community College, City University of New York

2003-05047Matter of Kelly v Levy

2003-05048Feldstein v Beach Concerts, Inc.

2003-05050Silva v Rhodes

2003-05056Shoob v Ancion

2003-05060Deutsch v Deutsch

2003-05067Bak v Plymouth Church

2003-05075Matter of Ross v Hofstra University

2003-05078Mendez v Mendez

2003-05082Puzzo v Leisure Glen Homeowners' Association, Inc.

2003-05083Gleeson v Restrepo

2003-05084Honett v Brenner

2003-05114Woodson v City of Mount Vernon

2003-05124Marmo v Marmo

2003-05125Smith v Connell

2003-05132Matter of Swenson v Richter

2003-05138EDJ Equity Group, LLC v Gutner

2003-05160White v New York City Board of Education

2003-05162Calzadilla v Dormitory Authority of the State of New York

2003-05166Centeno v 80 Pine, Inc.

2003-05171Novello v Supervisory Management Corporation

2003-05175Shmirun v Wildman & Bernhardt Construction, Inc.

2003-05176Gordon v Dormitory Authority of the State of New York

2003-05177Figueroa v Dormitory Authority of the State of New York

2003-05178Lopez v Dormitory Authority of the State of New York

2003-05179Ruchman v Dormitory Authority of the State of New York

2003-05180Joffe v Dormitory Authority of the State of New York

2003-05182Lucas v Dormitory Authority of the State of New York

2003-05183Moreno v Dormitory Authority of the State of New York

2003-05184Ajani v Dormitory Authority of the State of New York

2003-05185Heyliger v New York State Dormitory Authority

2003-05186Calzadilla v Dormitory Authority of the State of New York

2003-05187Storic v Dormitory Authority of the State of New York

2003-05188McFarlane-King v Dormitory Authority of the State of New York

2003-05189Rodman v Dormitory Authority of the State of New York

2003-05190Preston v Dormitory Authority of the State of New York

2003-05191Richards v Dormitory Authority of the State of New York

2003-05192Endewelt v Dormitory Authority of the State of New York

2003-05193Harris v Dormitory Authority of the State of New York

2003-05194Ahlers v v Dormitory Authority of the State of New York

2003-05195Butironi v Dormitory Authority of the State of New York

2003-05196Siegel v Dormitory Authority of the State of New York

2003-05197Stewart v Dormitory Authority of the State of New York

2003-05199Sanchez v Dormitory Authority of the State of New York

2003-05200Peterson v Dormitory Authority of the State of New York

2003-05201Basquez v Dormitory Authority of the State of New York

2003-05202Hairston v Dormitory Authority of the State of New York

2003-05203Falconer v Dormitory Authority of the State of New York

2003-05204Fazio v Langdale Owners, Corp.

2003-05205Coiro v Dormitory Authority of the State of New York

2003-05206Affordable Housing Group N.Y., Inc. V Elmbay Realty Company

2003-05207Landrum v Dormitory Authority of the State of New York

2003-05208Moncada v Dormitory Authority of the State of New York

2003-05209Penino v Dormitory Authority of the State of New York

2003-05210Durfey v Dormitory Authority of the State of New York

2003-05211Anderson v Dormitory Authority of the State of New York

2003-05212Arcila v Dormitory Authority of the State of New York

2003-05216Carchi v Sisters of Saint Joseph

2003-05217Matter of Newman v Wing

2003-05224Dews v Liberatoscioli

2003-05243Dixon v Elmont Fire District

2003-05248Benhar v Kopyt

2003-05251Cacucciolo v Mazzei

2003-05254Piraneo v Brooklyn Union Gas Company

2003-05255Marotta v City of New York

2003-05259Estevez v South Third Street Tenants Housing Development Fund Corp.

2003-05265Blume v A&R Fuels, Inc.

2003-05266Gibson v New York City Partnership Housing Development Fund Co., Inc.

2003-05267Genzer v Marino

2003-05270Matter of Chrysler v Phillips

2003-05280Montesano v State of New York

2003-05324Ingalls v Great Atlantic & Pacific Tea Company, Inc.

2003-05328Annino v Termi-Shield Exterminating Service Corporation

2003-05343Szydlo v Lakeside Development Corp.

2003-05347Ilinskaya v City of New York

2003-05352Ryan v Dowicz

2003-05354Champi Truf. SL v Rosario's Epicureo, Ltd.

2003-05357Abrams v Rader

2003-05358Ali v City of White Plains, County of Westchester

2003-05367Matter of Grillo, Deceased; Riedel

2003-05375Abramov v Seagirt Housing Company, Inc.

2003-05379You v Stam

2003-05383Durchhalter v Durchhalter

2003-05385Parikh v Parikh

2003-05405Nicolazzi v Pattathan

2003-05407David Christa Construction, Inc. V Board of Education

2003-05414Matter of Ahlers v Breslin

2003-05416Lehmann & Leiken Associates, Inc. V Brunswick Toxicology, Inc.

2003-05423Branch v Incorporated Village of Hempstead

2003-05425Crown Fire Supply Co., Inc. V Cronin

2003-05427Harris v Hempstead Union Free School District

2003-05433Coccia v Coccia

2003-05435TWS Design, Inc. V Castano

2003-05436Money talks, LLC v Metropolita Funding, LLC

2003-05437Matter of First Central Insurance Company; Oved

2003-05439Matter of First Central Insurance Company; Auerbach

2003-05440Matter of GEICO v Aldea

2003-05448Greig v Greig

2003-05472Abraham v Roman Catholic Diocese of Brooklyn

2003-05478Martin v Stevemos Properties, Inc.

2003-05523Roman v Pullini Water Services, Inc.

2003-05524Carrillo v PM Realty Group

2003-05538Betsy Meyer Associates, Inc. V Lorber

2003-05541James v Coventry Village, Co.

2003-05542Baumann v Pratt & Lambert Paint, Corp.

2003-05545Shelby Casualty Insurance Company v Lynch

2003-05557Matter of Crawford v Selsky

2003-05561Twin Beech Condominium v Quinones

2003-05563Greco v Malco Construction Company

2003-05564Landmark Properties, Inc. V Eagleson

2003-05572Matter of Eagle Insurance Company v Williams

2003-05575Matter of Mazzella v Planning Board of Town of North Castle

2003-05579Migliaccio v Migliaccio

2003-05580Wissing v Wissing

2003-05581Levine v Levine

2003-05588Jimenez v City of Yonkers

2003-05592Huggins v Neal

2003-05593Kornblum v Kornblum

2003-05597Matter of Daniels v Zoning Board of Appeals of the Village of Montebel

2003-05598Preferred Mutual Insurance Company, Inc. V MY Carpets, Inc.

2003-05603Matter of Rush v Murphy

2003-05605Franco v City of New York

2003-05606Correa v Ricuras De Colombia Inc.

2003-05609Brandes v North Shore University Hospital

2003-05623Tuero v City of Yonkers

2003-05624O'Hare v State of New York

2003-05626Sharma v Sharma

2003-05645Seven Acre Wood Street Associates, Inc. V Town of Bedford

2003-05647Seven Acre Wood Street Associates, Inc. V Town of Bedford

2003-05658Bunsis v Bunsis

2003-05660Matter of American International Underwriters Insurance Co. V Ortega

2003-05665Matter of Colascione, Providence; James J. Whitehead

2003-05669Cirillo v Cirillo

2003-05673Matter of Government Employees Insurance Company v Alexis

2003-05676Jaffe v Jaffe

2003-05682Cohen v Mario Industries Incorporated

2003-05683Weinstein v Niesenbaum

2003-05685Matter of Bennerson v New York City Transit Authority

2003-05700Matter of Koovappara v New York City Employees' Retirement System

2003-05701Matter of Menzel v New York City Employees' Retirement System

2003-05704Roche v Cooper

2003-05711Matter of Eagle Insurance Company v Mossop

2003-05714Lieberman v Friedman

2003-05724Calabrese v City of New York

2003-05735Matter of Macebo v NYCHA

2003-05739Dervaal, LLC v Campus Connection I

2003-05741Donahue v Scotaria Realty Co., Inc.

2003-05745Martini v Cuthill

2003-05747Suburban Restoration Co., Inc. V Lindenhurst Union Free School Distric

2003-05748LaFasciano v LaFasciano

2003-05774Nostro v Polera Building Corporation

2003-05806Portnova v Haines

2003-05807Collins v Stone

2003-05808Matter of Government Employees Insurance Company v Freiwirth

2003-05815Orner v Weiss

2003-05816Providian National Bank, f/k/a First Deposit National Bank v Alaska Se

2003-05817Hu v Iron City Properties, Inc.

2003-05821Mehran Holdings Ltd. V Dime savings Bank of New York, FSB

2003-05824Grzelaczyk v Persaud

2003-05825Karacostantakis v Gomez

2003-05835Hospital For Joint Diseases v State Farm Mutual Automobile Insurance C

2003-05840Biehl v Aliperti

2003-05841Mucolldri v City of New York

2003-05848Vukel v Brooklyn Villas, Inc.

2003-05849Matter of Greenberg, Deceased

2003-05850Pawelec v Beth Jacob Teachers Seminary of America, Inc.

2003-05851Scott v American Telephone and Telegraph Company

2003-05855Jean-Jessie v Freuman

2003-05859Wilbur v Lacerda

2003-05867Mishiev v Kogan

2003-05870Daves v Sperruzzi

2003-05875Giganti v Town of Hempstead

2003-05876Lipera v Lipera

2003-05877Matter of Kapsis v Peragine

2003-05904Wolfe v City of New York

2003-05925Smalling v Fenderson

2003-05941Baez v Stalzer

2003-05983Matter of Kapsis v KacKay

2003-06019Fesko v New York Central Mutual Fire Insurance Company

2003-06032Matter of Felix v New York Department of Correctional Services

2003-06050Cordova v Torres-Flores

2003-06051Cordova v Torres-Flores

2003-06062Marriott v Mazzella

2003-06065Xanboo, Inc. V Ring

2003-06122Starwood Hotels & Resorts Worldwide, Inc.

2003-06145Matter of Staples, d/b/a Synthetic Systems v Simoni

2003-06160Schottenfeld v Schottenfeld

2003-06159Cicoria v Robinson

2003-06163Matter of Metlife Auto & Home v Gunning

2003-06165Matter of Coregis Insurance Company v McQuade

2003-06168Dinolfo v Dinolfo

2003-06212Kernan v Fancher

2003-06222Bronxville Union Free School District v Crowley

2003-06282Moore v Davidson

2003-06397Victory Construction & Consulting, Inc. V Mustafa

2003-06407Macchia v Life Quality Volkswagen of Staten Island

2003-06436Martini v Martini

2003-06510Brooke v Brooke

2003-06552Marvelli v CHAPS Community Health Center, Inc.

2003-06630Gecaj v DiFiglio

2003-06658Homeside Lending, Inc. V Bowen

2003-06666National City Mortgage Co. D/b/a Commonwealth United Mortgage Company

2003-06896Huntingdon Life Sciences, Inc. V Stop Huntingdon Animal Cruelty, a/k/a

2003-08630Hathaway v Hathaway

2003-08671Matter of Baron-Morrison v Morrison

2003-02898Fischl v Fischl

2003-11148Romano v Talamini

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7492

C/sl

A. GAIL PRUDENTI, P.J.

MYRIAM J. ALTMAN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-07009

In the Matter of E and J Sylcox Realty, Inc.,

appellant, v Town of Newburgh Planning

Board, et al., respondents.

(Index No. 3828/03)

DECISION & ORDER ON MOTION

Motion by the respondent Pilot Travel Centers, LLC, to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated August 6, 2003, on the ground that the appeal is academic.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, as the movant has raised this claim as an issue in its brief.

PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7535

C/sl

GABRIEL M. KRAUSMAN, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

REINALDO E. RIVERA, JJ.

2003-09332

In the Matter of Joy Builders, Inc., et al.,

respondents, v Town of Clarkstown Planning

Board, et al., appellants.

(Index No. 1066/02)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Rockland County, dated September 18, 2003, on the ground that the appeal is barred by the doctrine of Bray v Cox (38 NY2d 350), or to vacate any automatic stay of the order pursuant to CPLR 5519 which may exist, or to direct that perfection of the appeal be expedited.

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, without prejudice to raising the issue in the respondents' brief; and it is further,

ORDERED that the branch of the motion which is to expedite the perfection of the appeal is granted; the appellants shall perfect the appeal by March 15, 2004, 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 the motion is otherwise denied.

KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7546

C/sl

ANITA R. FLORIO, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2003-09966

In the Matter of Joseph K. (Anonymous).

Leeor K. (Anonymous), et al., appellants-r

Marek R. (Anonymous), respondent-appel

(Index No. 26339/00)

DECISION & ORDER ON MOTION


espondents;
lant.

Motion by the appellants-respondents on an appeal from an order of the Supreme Court, Nassau County, dated August 29, 2003, in effect, for leave to reargue a motion to stay a hearing in the above-entitled proceeding pending hearing and determination of an appeal from a counter judgment of the same court pending under Appellate Division Docket No. 2003-01407, which was determined by decision and order of this court dated December 3, 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, with $100 costs.

FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M5143

M/mv

2003-05551

In the Matter of Shaquana K. (Anonymous).

St. Christopher's, Inc., respondent;

Valerie K. (Anonymous), appellant.

(Docket No. B-9440-01)

ORDER TO SHOW CAUSE

Appeal by Valerie K. from an order of the Family Court, Kings County, dated March 28, 2003. By decision and order on motion of this court dated October 6, 2003, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew, on or before November 7, 2003, upon the submission of proper papers establishing that she is entitled to poor person relief and is interested in pursuing the appeal. The appellant has not renewed that motion, and no steps have been taken to perfect the appeal.

On the court's own motion, it is

ORDERED that the appellant and the other parties to this appeal or their counsel show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York 11201, on February 27, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned; 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 appellant and the other parties, including the Law Guardian, if any, to this appeal, or their counsel, by regular mail.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7480

C/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-04600

In the Matter of Patricia Lee, appellant,

v Gregory Lee, respondent.

(Docket No. F-2375/02)

DECISION & ORDER ON MOTION

Renewed motion by the appellant on an appeal from an order of the Family Court, Queens County, dated April 28, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, which was determined by decision and order of this court dated November 28, 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; and it is further,

ORDERED that pursuant to 22 NYCRR 670.4[a][2]), the scheduling order of this court dated August 1, 2003, is amended, and the appellant's time to perfect the appeal by causing the original papers constituting the record on 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 her brief on the appeal is enlarged until March 11, 2004.

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7611

O/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00787

In the Matter of Janih M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Lavasha M. (Anonymous),

et al., respondents-respondents; Monica Drinane,

Law Guardian, nonparty-appellant.

(Proceeding No. 1)

In the Matter of Ryan W. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Lavasha M. (Anonymous),

et al., respondents-respondents; Monica Drinane,

Law Guardian, nonparty-appellant.

(Proceeding No. 2)

In the Matter of Amontulah M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Lavasha M. (Anonymous),

et al., respondents-respondents; Monica Drinane,

Law Guardian, nonparty-appellant.

(Proceeding No. 3)

In the Matter of Jahlanie M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Lavasha M. (Anonymous),

et al., respondents-respondents; Monica Drinane,

Law Guardian, nonparty-appellant.

(Proceeding No. 4)

In the Matter of Raihannah M. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Lavasha M. (Anonymous),

et al., respondents-respondents; Monica Drinane,

Law Guardian, nonparty-appellant.

(Proceeding No. 5)

(Docket Nos. NN-01208/04, NN-01209/04,

NN-01210/04, NN-01211/04, NN-01212/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated January 27, 2004, pending hearing and determination of an appeal therefrom, and to continue the custody of the children with the Administration for Children's Services 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, enforcement of the order dated January 27, 2004, is stayed, and custody of the children shall continue with Administration for Children's Services, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 8, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 8, 2004, the court, on its own motion, may vacate the stay, or the respondents-respondents may move to vacate the stay, on three days notice.

S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7214

C/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2003-03061

In the Matter of Patrick Malloy, III, appellant,

v Incorporated Village of Sag Harbor, etc.,

et al., respondents.

(Index No. 29895/98)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated January 6, 2003, inter alia, to dismiss the appeal on the ground that no appeal lies as of right from an order made in an proceeding pursuant to CPLR article 78, or, in the alternative, for an enlargement of time to serve and file a brief. Cross motion by the appellant for leave to appeal to this court from the order or to deem the notice of appeal from the order to also be a notice of appeal from an order and judgment (one paper) of the same court dated July 11, 2003.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the notice of appeal from the order is deemed to be a premature notice of appeal from the order and judgment (one paper) dated July 11, 2003 (see CPLR 5520[c]); and it is further,

ORDERED the cross motion is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied as academic; and it is further,

. ORDERED that on the court's own motion, on or before February 20, 2004, the appellant shall serve and file a supplemental record containing the order and judgment (one paper) dated July 11, 2003; and it is further,

ORDERED that the branch of the motion which is for an enlargement of time to serve and file a brief is granted; the respondents shall serve and file a brief on or before March 22, 2004; and it is further,

ORDERED that the motion is otherwise denied.

ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7560

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2003-11117

In the Matter of Eileen Nightingale, respondent,

v Raymond A. Nightingale, appellant.

(Docket No. F-3934/99)

DECISION & ORDER ON MOTION

Appeal by Raymond A. Nightingale from an order of the Family Court, Dutchess County, entered September 28, 1999.

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 § 439[e]).

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7648

M/mv

2003-09155

In the Matter of Khierk T. (Anonymous).

Child Development Support Corporation,

respondent; Nabila T. (Anonymous), appellant.

(Docket No. B-3548/02)

SCHEDULING ORDER

Appeal by Nabila T. from an order of the Family Court, Queens County, dated August 29, 2003. By decision and order on motion of this court dated February 3, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Salvatore C. Adamo, Esq.

350 Fifth Avenue #3304

New York, New York 10118

(212) 964-7983

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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any 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 the order of this court dated February 3, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7625

C/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2001-03837

In the Matter of Matthew Tsavalos, etc.,

et al., appellants, v N.P.E. Restaurant Corp.,

et al., respondents.

(Index No. 23677/97)

DECISION & ORDER ON MOTION

Motion by the respondent N.P.E. Restaurant Corp., in effect, to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 27, 2001, on the ground that the appellant Matthew Tsavalos failed to substitute the administrator of the estate of the deceased plaintiff, Agathi Tsavalos, as a plaintiff in place of the deceased plaintiff, Agathi Tsavalos.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, Matthew Tsavalos, as administrator of the estate of Agathi Tsavalos, is substituted as a plaintiff in place of the deceased plaintiff Agathi Tsavalos, and the caption is amended accordingly; and it is further,

ORDERED that the respondents' time to serve and file briefs is enlarged until March 9, 2004, and the respondents' briefs must be served and filed on or before that date; and it is further,

ORDERED that the motion is denied.

S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7692

E/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2003-07394

In the Matter of Israel Valle, appellant,

v Ventura Valle, respondent.

(Docket No. O-14214-02)

DECISION & ORDER ON MOTION

Appeal by Israel Valle from an order of the Family Court, Queens County, dated August 5, 2003. By decision and order on motion of this court dated October 24, 2003, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew on or before November 19, 2003, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal. The appellant did not renew the motion. By order to show cause dated January 14, 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 decision and order on motion of this court dated October 24, 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 of this court dated October 24, 2003.

ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7558

C/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

THOMAS A. ADAMS, JJ.

2002-05396

The People, etc., respondent,

v Steven Alster, appellant.

(Ind. No. 4415/01)

DECISION & ORDER ON MOTION

Motion by the appellant to withdraw the brief previously filed by retained counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered June 5, 2002, to substitute new retained counsel, and to enlarge the time to perfect the appeal .

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted; the brief previously filed by former new retained counsel Carl Spector, is deemed withdrawn, Murray E. Singer, 20 Kew Gardens Road, Kew Gardens, New York, 11415 is substituted as counsel, and Carl Spector is directed to turn over all of the papers in the action to Murray E. Singer; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Newly-retained 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 on the court's own motion, the respondent's brief is stricken.

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

02-A-3631

Drawer B

Stormville, New York 12582



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7521

C/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

BARRY A. COZIER, JJ.

2002-04121

The People, etc., respondent,

v Stanley Bellamy, appellant.

(Ind. No. 5308/85)

DECISION & ORDER ON MOTION
Motion Pro Se to Relieve Counsel
of Assignment

Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute an appeal from an order of the Supreme Court, Queens County, dated April 9, 2002, and for leave to prosecute the appeal pro se, or for leave to serve and file a supplemental brief.

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 for leave to serve and file a supplemental brief is granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief shall be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

. ORDERED that the motion is otherwise denied.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

87-A-1668

Sullivan Correctional Facility

Box 116

Fallsburg, New York 12733




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7645

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

1998-08204

The People, etc., respondent, DECISION & ORDER

v Richard Bonner, appellant.

(Ind. No. 4919/97)

ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 29, 1998, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., H. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's Address:

98-A-5367

Shawangunk Correctional Facility

Box 700

Wallkill, New York 12589



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7500

C/sl

MYRIAM J. ALTMAN, J.P.

NANCY E. SMITH

HOWARD MILLER

WILLIAM F. MASTRO, JJ.

2002-04346

The People, etc., respondent,

v Wayne Dewall, appellant.

(Ind. No. 110/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 3, 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 respondent's time to serve and file a brief is enlarged until March 26, 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



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7608

F/

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2003-06886

The People, etc., respondent,

v Donnell Harris, appellant.

(Ind. No. 01-01612)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

On the court's own motion, it is,

ORDERED that the decision and order on motion in the above-entitled case dated November 28, 2003, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered May 23, 2003, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 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 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:

John F. DeChiaro, Esq.

2001 Palmer Road - Suite 204

Larchmont, New York 10538

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 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.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 3035

Upstate Corr. Fac.

Box 2000, 309 Bare Hill Rd.

Malone, New York 12953




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7598

Y/sl

NANCY E. SMITH, J.P.

GLORIA GOLDSTEIN

HOWARD MILLER

SANDRA L. TOWNES, JJ.

1999-03520

The People, etc., respondent,

v Raymond Lewis, appellant.

(Ind. No. 462/98)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Nassau County, rendered March 16, 1999, as abandoned.

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 leave to renew if, on or before March 24, 2004, the defendant fails to either renew his motion for leave to prosecute the appeal as a poor person and for the assignment of counsel or perfect the appeal.

SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7504

C/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2002-06564

The People, etc., respondent,

v Willie Peoples, appellant.

(Ind. No. 8857/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 2, 2002, and for assignment of 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; and it is further,

ORDERED that on the court's own motion, the appellant is granted leave to serve and file a supplemental pro se brief; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

. Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7415

F/

STEPHEN G. CRANE, J.

2003-11276

The People, etc., plaintiff,

v David Roman, defendant.

(Ind. No. 7836/01)

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, Kings 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.

STEPHEN G. CRANE

Associate Justice




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7544

C/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

SANDRA L. TOWNES

REINALDO E. RIVERA, JJ.

2002-09363

The People, etc., respondent,

v Rodney Stevenson, appellant.

(Ind. No. 61/02)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered October 1, 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 the respondent's brief which was deposited with the Clerk of this court is accepted for filing; and it is further,

ORDERED that the reply brief, if any, shall be served and filed on or before February 19, 2004.

PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk




Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7481

F/

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-09277

The People, etc., respondent,

v Marcus Wiggins, appellant.

(Ind. No. 97/02)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered August 21, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on December 16, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

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 or referred to in the report; 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.

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

Appellant's address:

03 A 4514

Upstate Corr. Fac.

Box 2001

Malone, New York 12953



Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M7414

F/

STEPHEN G. CRANE, J.

2003-11012

The People, etc., plaintiff,

v Jasiem Williams, defendant.

(Ind. No. 4065/99)

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 Supreme Court, Kings County, dated November 3, 2003, which has been referred to me for determination.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

STEPHEN G. CRANE

Associate Justice