APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7565
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2004-00083 Maura Anne Bert, respondent, v Michael David Bert, appellant. (Index No. 5677/87)
| DECISION & ORDER ON MOTION |
Appeal by Michael David Bert from a judgment of the Supreme Court, Richmond County, entered March 2, 1992.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7670
J/sl
|
2003-05446 Helen Deitz, etc., et al., appellants, v Anne M. Huibregtse, respondent (and another title). (Index No. 05229/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated May 30, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 13, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7700
E/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2002-07370
Michael Stewart Frankel, appellant, v Samuel Hirsch, respondent. (Index No. 27608/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated June 20, 2003, which was determined by decision and order of this court dated December 1, 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.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7708
PL/sl
|
2003-04733 Adam Good, etc., respondent, v American Pioneer Title Insurance Company, appellant. (Index No. 10335/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated April 25, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 23, 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
M7662
S/sl
|
2003-07685 Joseph Guarino, plaintiff-respondent, v 233 East 69th Street Owners Corp., defendant third-party plaintiff-respondent, City Scaffolding Corp, et al., defendants-respondents; PLN Construction, Inc., third-party defendant-appellant. (Index No. 10903/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 7, 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
M7746
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07769, 2004-00199 Cecilia Guerin, etc., respondent, v North Shore University Hospital, et al., defendants, St. Francis Hospital Foundation, Inc., appellant. (Index No. 24830/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending the hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered July 23, 2003, and dated November 17, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7601
S/sl
|
2003-03627, 2003-05600, 2003-08184, 2003-10801 Karen Hathaway, respondent, v Brion J. Hathaway, appellant. (Index No. 11374/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from four orders of the Supreme Court, Queens County, dated February 27, 2003, May 20, 2003, July 14, 2003, and November 10, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until June 4, 2004, and the record or appendix on the appeals 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
M7698
E/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2002-07474 Michelle Ingoglia, etc., et al., appellants- respondents, v Martin Leshaj, et al., respondents, County of Dutchess, appellant. (Index No. 2446/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents for leave to reargue an appeal from an order of the Supreme Court, Dutchess County, dated July 12, 2002, which was determined by decision and order of this court dated November 17, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., SMITH, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7526
C/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-09410 Diane C. Koeth, appellant, v Robert Koeth, respondent. (Index No. 3790/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 18, 2002, and for poor person relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 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; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7647
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-11144 Kenrick Lau, appellant, v City of New York, defendant, Sweetbrook Nursery & Garden, et al., respondents. (Index No. 13401/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Richmond County, dated September 15, 2003, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Richmond County, to hear and report on the issue of if, or when, the order with notice of entry was served upon the attorney for the appellant, and the motion is held in abeyance in the interim. The Supreme Court, Richmond County, shall file its report with all convenient speed.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7702
PL/sl
|
2003-07189 Diane Manago, appellant, v Professional Service, Inc., et al., respondents. (Index No. 35772/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 7, 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
M7605
S/sl
|
2003-07041 Rosemarie Moise, respondent, v Cherwin Taxi Corp., et al., defendants, Kanwaljeet Singh, appellant. (Index No. 48135/01)
| 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 8, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7667
S/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-08992, 2003-00474, 2003-06070
Rosemary Briggs Moore, respondent, v New York Casualty Insurance Company, appellant (and a related action). (Appeal No. 1) Rosemary Briggs Moore, appellant, v New York Casualty Company, respondent (and a related action). (Appeal No. 2) Rosemary Briggs Moore, respondent, v New York Casualty Company, appellant (and a related action). (Appeal No. 3) (Index No. 2001/3209)
| DECISION & ORDER ON MOTION |
Motion by New York Casualty Insurance Company, in effect, to consolidate appeals from three orders of the Supreme Court, Dutchess County, dated August 28, 2002 (Appellate Division Docket No. 2002-08992), October 9, 2002 (Appellate Division Docket No. 2003-00474), and June 11, 2003 (Appellate Division Docket No. 2003-06070), to deem the record on appeal filed in connection with the appeals from the orders dated August 28, 2002, and October 9, 2002, to also be the record on appeal from the order dated June 11, 2003, on condition that the movant files a supplemental record, for leave to file a supplemental brief on the appeal from the order dated June 11, 2003, and to enlarge the time to perfect that appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order dated June 11, 2003, is deemed to be an application for leave to appeal from that order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,
ORDERED that the branch of the motion which is to deem the record filed in connection with the appeals from the orders dated August 28, 2002, and October 9, 2002, to also be the record on the appeal from the order dated June 11, 2003, is granted, on condition that the movant file a supplemental record containing the notice of appeal from the order dated June 11, 2003, the order dated June 11, 2003, and any papers submitted to the Supreme Court, Dutchess County, which resulted in the order dated June 11, 2003; and it is further,
ORDERED that the branch of the motion which is to enlarge the movant's time to perfect the appeal from the order dated June 11, 2003, and for leave to file a supplemental brief on that appeal is granted, the movant's time to perfect that appeal is enlarged until March 8, 2004, and the movant shall file the supplemental record and its supplemental brief on or before that date; and it is further,
ORDERED that on the court's own motion, any supplemental respondent's or reply briefs shall be served and filed in accordance with the rules of this court.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7671
J/sl
|
2003-05777 George Moynihan, et al., respondents, v City of New York, et al., appellants (and a third-party action). (Index No. 10140/94)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated May 12, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7664
S/sl
|
2003-02698, 2003-08775, 2003-08776 2003-08777, 2003-08778, 2003-08779 Nancy E. Navin, respondent, v Richard Navin, appellant. (Index No. 2890/99)
| ORDER ON APPLICATION |
Application by the appellant (1) to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 14, 2003 (Appellate Division Docket No. 2003-02698), and (2) pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the same court, dated August 21, 2003, an order and judgment (one paper) of the same court, entered September 3, 2003, and three orders of the same court, all dated August 21, 2003.
ORDERED that the application is granted and the appeal from the order dated February 14, 2003, is marked withdrawn; and it is further,
ORDERED that the appellant's time to perfect the remaining appeals set forth above is enlarged until May 3, 2004, and the record or appendix on the appeals 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
M7661
S/sl
|
2003-07237 Shamoil Nisimov, et al., appellants, v Ocean Properties, LLC, respondent. (Index No. 39348/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 5, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7523
C/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
ROBERT W. SCHMIDT, JJ.
|
2002-09728 Edith Riccardelli, appellant, v Metropolitan Transportation Authority of New York, respondents. (Index No. 8220/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent Time Warner Cable of New York City to strike the appellant's brief and dismiss an appeal from an order of the Supreme Court, Kings County, dated July 18, 2002, on the ground that the brief refers to material dehors the record, or, to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to impose a sanction against the respondent Time Warner Cable of New York City and for a preference in the hearing and determination of the appeal.
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 the branch of the motion which is to strike the appellant's brief and dismiss the appeal is granted to the extent that Point III of the appellant's brief is stricken; on or before February 20, 2004, the appellant shall delete or remove Point III from her brief, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic as the movant has timely filed its brief; and it is further,
ORDERED that the cross motion is denied.
PRUDENTI, P.J., ALTMAN, SMITH and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTM
M7651
O/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-05998 Riverside Capital Advisors, Inc., appellant, v Winchester Global Trust Company Limited, et al., respondents. (Index No. 15248/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 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 February 19, 2004, and the record or appendix on the appeal and the appellant's 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7604
S/sl
|
2003-07267 Richard Siciliano, et al., appellants, v Forchelli & Forchelli, et al., respondents. (Index No. 1287/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 6, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 12, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7712
PL/sl
|
2003-06563 Betty Silberstein, et al., plaintiffs-respondents, v City of New York, defendant-respondent, Bernard Jacobowitz, et al., appellants. (Index No. 229)
| ORDER ON APPLICATION |
Application by the plaintiffs-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 June 5, 2003.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until February 26, 2004, and the plaintiffs-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7600
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-04769 Elena Sokol, respondent, v American Medical Response of New York, et al., appellants. (Index No. 51145/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated April 22, 2003, to strike the appendix and brief on the ground that they contain or refer to matter dehors the record, and to dismiss the appeal or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether it considered the appellants' supplement to its opposition to the motion for summary judgment in determining that motion, and the motion to strike the appendix and brief is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7619
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-10850 George Thomas, appellant, v Donald Thomas, respondent. (Index Nos. 29351/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated November 17, 2003, pending hearing and determination of an appeal therefrom, and for a preference in the 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.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7721
S/sl
|
2003-08677 U.S. Bank Trust National Association Trustee, f/k/a First Trust National Assoc. Trustee, respondent, v Thomas Butti, appellant, et al., defendants. (Index No. 8680/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated August 12, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 16, 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
M7597
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-05746 Deborah Weinstock, appellant, v Michael Kingsford, respondent. (Index No. 18828/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered April 9, 2003.
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, the appeal is dismissed as academic, without costs or disbursements, in light of the stipulation of the parties entered into in open court regarding custody and visitation (see Blauvelt v Blauvelt, 219 AD2d 694); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7694
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-07277
In the Matter of Johnnie C. (Anonymous), appellant. (Docket No. E-21827-02)
| DECISION & ORDER ON MOTION |
Appeal by the juvenile from an order of the Family Court, Kings County, dated June 25, 2003. By order to show cause dated December 31, 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 September 18, 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 is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 18, 2003 (see 22 NYCRR 670.4[5]).
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7672
C/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-08330 In the Matter of Mark F. Coleman, petitioner, v Seymour Rotker, etc., respondent. (Index No. 1499/84)
| 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 opposition 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]).
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7695
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-09002
In the Matter of David E. Foster, respondent, v Arkadius Henry, appellant. (Docket No. O-6649-03)
| DECISION & ORDER ON MOTION |
Appeal by Arkadius Henry from an order of the Family Court, Nassau County, dated September 3, 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 30, 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 is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 30, 2003 (see 22 NYCRR 670.4[5]).
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7542
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-05299 In the Matter of Government Employees Insurance Company, respondent, v Elbert Nasis, appellant. (Index No. 24400/01)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Suffolk County, dated April 15, 2003.
Upon the papers submitted in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7674
M/mv
|
2003-02010 In the Matter of Nicolette H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Austin H. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Nathaniel S. (Anonymous). Dutchess County Department of Social Services, appellant; Michelle S. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. NN-05013-02, NN-05013-02/02A, NN-05016-02, NN-05016-02/02A, NN-05017-02, NN-05017-02/02A, NA-05022-02, NA-05022-02A)
| SCHEDULING ORDER |
Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated February 10, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until February 20, 2004; and it is further,
ORDERED that no further enlargement will be granted to the respondent except by motion on notice to the court.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7682
E/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-05396
In the Matter of George Hom, appellant, v Jane Zullo, respondent. (Docket Nos. V-01702-02, V-01703-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Family Court, Nassau County, dated April 3, 2003, to dismiss the appeal or, alternatively, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until March 10, 2004, and the respondent's 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7621
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2003-03385 In the Matter of Jessica M. Hutchison, appellant, v Albert J. Pirro, Jr., respondent. (Docket No. F-10801-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Family Court, Westchester County, dated March 18, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted on condition that on or before March 31, 2004, the appellant pro se obtain, settle, and serve and file the transcript of the hearing which was held in the above entitled proceeding; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until May 3, 2004, and the respondent's 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7680
M/mv
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2003-03367, 2003-05612 In the Matter of Love Russell J. (Anonymous). Angel Guardian Children and Family Services, Inc., et al., respondents; Russell J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of January Stacey J. (Anonymous). Angel Guardian Children and Family Services, Inc., et al., respondents; Russell J. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-5736/01, B-5737/01)
| SCHEDULING ORDER |
Appeals by Russell J. from two orders of the Family Court, Kings County, both dated March 6, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until February 18, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7679
M/mv
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2003-07044, 2003-07045 In the Matter of Victor N. (Anonymous), appellant. (Docket Nos. D-2532-03, D-07379-02)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Nassau County, both dated May 23, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeals is enlarged until February 23, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7704
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
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2004-00222 In the Matter of Jomo Williams, petitioner, v Glen S. Goord, etc., 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 application and the papers filed in opposition 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 fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7696
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
ANITA R. FLORIO
REINALDO E. RIVERA, JJ.
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1993-00525 The People, etc., respondent, v Michael Cobb, appellant. (Ind. No. 10070/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated November 20, 2003, which dismissed an appeal from a judgment of the Supreme Court, Kings County, rendered January 5, 2003, pursuant to 22 NYCRR 670.8(f) 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 no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, FLORIO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4237
F/
ANITA R. FLORIO, J.
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2003-06049 The People, etc., plaintiff, v Daniel Derhi, defendant. (Ind. No. 972/81)
| 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 June 6, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7620
A/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2002-11322, 2003-02275 The People, etc., appellant, v William Hodges, respondent.
(Ind. No. 3345/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, both dated December 6, 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 serve and file a reply brief is enlarged until February 17, 2004, and the reply 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7655
S/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
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1999-06205, 1999-06206 The People, etc., respondent, v Donovan Malcolm, appellant. (Ind. Nos. 98-500, 99-022)
| DECISION & ORDER ON MOTION |
Appeals by the defendant from two judgments of the County Court, Orange County, both rendered June 8, 1999.
Now, on the court's own motion, it is
ORDERED that the appellant show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on March 5, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeals on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,
ORDERED that the Clerk of this court, or his designee is directed to serve a copy of this order to show cause upon the appellant at the institution in which he is confined, upon his attorney, and upon the People, by ordinary mail pursuant to CPL 470.60(2).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7650
S/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2001-08989 The People, etc., respondent, v Jorge Molina, appellant. (S.C.I. No. 10782/01)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the appellant, in effect, to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered September 5, 2001, on the ground that the appellant has been deported.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the appellant is directed to show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on March 5, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,
ORDERED that the motion is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee is directed to serve a copy of this order to show cause upon the appellant at the institution in which he is confined, upon his attorney, and upon the People, by ordinary mail pursuant to CPL 470.60(2).
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7701
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
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2003-11250 The People, etc., respondent, v Julio Morales, appellant. (Ind. No. 11467/00)
| 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 April 22, 2003, as a poor person and for the assignment of counsel.
On the court's own motion, it is
ORDERED that the appellant show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on March 5, 2004, at 9:30 A.M., why an order should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2).
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7610
Y/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
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2003-11091 The People, etc., ex rel. Nehemiah D. Rolle, petitioner, v Superintendent Harold McKinney, 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 no papers having been filed in opposition or 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 fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk