Appellate Division: Second Judicial Department
M21435
S/nl
|
2004-06164 Rudolph Ali, appellant, v City of New York, et al., respondents. (Index No. 20797/01)
| 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 March 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 28, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21397
CF/
|
2004-08491 Allstate Insurance Co., a/s/o Roman Deheljan, respondent, v Able Parking Systems, et al., appellants. (Index No. 7219/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated August 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21385
CF/
|
2004-07242
Yaffa Argaman, respondent, v John H. Lee, appellant. (Index No. 27797/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21427
Y/nl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2005-00324 Diane M. Armstrong, appellant, v Thomas C. Armstrong, respondent. (Index No. 99-24417)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 10, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21378
CF/
|
2004-09260 Leasa Bailey-Duffus, appellant, v New York City Transit Authority, et al., respondents. (Index No. 11620/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated September 24, 2004.
Upon the stipulation of the parties, dated January 31, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21414
CF/
|
2004-10817 Darrell Benjamin, respondent, v City of New York, et al., appellants. (Index No. 26862/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21430
S/nl
|
2004-07766 Mariann Berliner, respondent, v Ira Berliner, appellant. (Action No. 1) (Index No. 2357/02) Ira Berliner, appellant, v Mariann Berliner, respondent. (Action No. 2) (Index No. 6107/02)
| 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 July 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21424
S/nl
|
2004-04010 Alice Blumberg, respondent, v Patchogue-Medford Union Free School District, et al., appellants. (Index No. 27633/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated March 8, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 7, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21464
S/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-04060, 2004-09459, 2004-09460
Nathan Blumes, respondent, v Inbar Blumes Madar, s/h/a Inbar Blumes, appellant. (Index No. 48288/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 27, 2005, in the above-entitled matter is amended by deleting the last decretal paragraph thereof and substituting therefor the following decretal paragraph:
"ORDERED that the branch of the motion which is for an enlargement of time to serve and file a brief is granted, and the respondent shall serve and file his brief on or before March 10, 2005."
KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21432
S/nl
|
2004-06930 Janice Calendar, respondent, v Gregory Mnasin, et al., appellants. (Index No. 40377/02)
| 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, Kings County, dated July 19, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21402
CF/
|
2004-09364 Sal Cannella, appellant, v Juana Jackson, respondent. (Index No. 5861/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21404
CF/
|
2004-09847 Celine Cardello, respondent, v Frank Cardello, appellant. (Index No. 5154/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated September 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21369
E/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09684
Michael Carella, et al., plaintiffs, v Reilly & Associates, et al., defendants third third-party plaintiffs-respondents; Italiano Bros. Drywall, Inc., et al., third third-party defendants-appellants (and other third-party actions). (Index No. 18188/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered September 30, 2004, inter alia, to stay the trial in the above-entitled action and to stay discovery in the third third-party 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 branches of the motion which are to stay the trial in the above-entitled action and to stay discovery in the third third-party action pending hearing and determination of the appeal are granted and the trial in the above-entitled action and discovery in the third third-party action are stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied as academic.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21401
CF/
|
2004-09053 Jean Chiara, respondent, v Waldbaum, Inc., appellant. (Index No. 13661/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 21, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21452
S/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-04987
Ellen Cohen, respondent, v Michael Cohen, appellant. (Index No. 203485/03)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Nassau County, dated April 27, 2004. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that 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]); and it is further,
ORDERED that the stay which was granted by decision and order on motion of this court dated June 30, 2004, is vacated forthwith.
PRUDENTI, P.J., FLORIO, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21453
S/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04921
DeLalio Sod Farms, Inc., respondent, v Town Board of Town of Riverhead, appellant. (Index No. 3707/04)
| DECISION & ORDER ON MOTION |
Appeal by the defendant, by permission, from an order of the Supreme Court, Suffolk County, dated June 1, 2004. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that 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]); and it is further,
ORDERED that the stay which was granted by decision and order on motion of this court dated June 18, 2004, is vacated forthwith.
FLORIO, J.P., ADAMS, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21434
S/nl
|
2004-06716 Michael Denicola, et al., appellants, v Assured Sprinkler and Mechanical, Inc., et al., respondents. (Index No. 3939/01)
| 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, Nassau County, dated June 22, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 4, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21405
CF/
|
2005-00461 Ernest Domond, et al., respondents, v Shun Chan, et al., appellants. (Index No. 49342/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 25, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21381
CF/
|
2004-09224 Elsy Edu Espinoza, respondent-appellant, v Julio Bermeo, et al., appellants-respondents. (Index No. 5539/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Rockland County, dated September 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21408
PL/nl
|
2004-04738
Rosalba Fantini, et al., plaintiffs-respondents, v 65th Development, LLC, et al., defendants- respondents, B. Warranty Home Construction, Inc., appellant. (Index No. 36189/02)
| ORDER ON APPLICATION |
Application by the defendant-respondent Moss & Sayad 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 May 12, 2004.
ORDERED that the applications are granted and the movant's time to serve and file a brief is enlarged until March 28, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21399
CF/
|
2004-08072 53795 Southold Properties, LLC, respondent, v Lewis L. Edson, appellant. (Index No. 30067/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21459
S/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-09442
Michael P. Fricke, appellant, v Christine Fricke, respondent. (Index No. 9344/00)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a decision of the Supreme Court, Suffolk County, dated October 8, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs of disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2D 509).
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21390
CF/
|
2004-07275 GJF Construction Corp., d/b/a New York City Builders Group, appellant-respondent, v Astoria Pines Holding Company, LLC, defendant-respondent, G.C.D.M. Ironworks, Inc., etc., respondent-appellant. (Index No. 3049/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent GJF Construction Corp., d/b/a New York
City Builders Group, to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by GJF Construction Corp., d/b/a New York City Builders Group is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21425
S/nl
|
2004-06525 Telman Gavrilov, respondent, v Chu Man Wang, et al., appellants. (Index No. 42461/01)
| 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 May 20, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 17, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21374
C/nl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-06183 Milosz Jagiela, respondent, v 1329 Realty, LLC, appellant, et al., defendant (and a third-party action). (Index No. 75380/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings to enforce an order of the Supreme Court, Kings County, dated May 15, 2004, pending the hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the motion is denied.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21380
CF/
|
2004-06994 Leonid Khait, et al., respondents, v New York City Transit Authority, appellant. (Index No. 20862/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21436
S/nal
|
2004-06986
Izabella Klevanskaya, respondent, v Bourkho Khanimova, d/b/a Berta Nail Salon, appellant. (Index No. 503/00)
| 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 1, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 4, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21382
CF/
|
2004-05573 Reina Raffo Kolman, n/k/a Sinni, v Richard E. Kolman, appellant. (Index No. 5692/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 1, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21417
S/nl
|
2004-05293 Bernard Langhorne, et al., appellants-respondents, v County of Nassau, et al., respondents-appellants. (Index No. 27030/97)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 11, 2004.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until April 15, 2005, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21388
CF/
|
2004-09281 Antonio Lopez, plaintiff-respondent, v GEM Gravure Company, defendant third-party plaintiff, et al., appellants, Matthews International Corporation, et al., defendants-respondents. (Index No. 17939/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Superflex Management, LLC, to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 8, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Superflex Management, LLC, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21377
CF/
|
2004-08261 Deborah Martinez, et al., appellants, v Board of Education of City of Yonkers, respondent. (Index No. 18517/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21416
CF/
|
2004-07330 Katherine Montalbano, et al., respondents, v Craig L. Shalmi, etc., et al., defendants, Good Samaritan Hospital Medical Center, appellant. (Index No. 17857/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 7, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21412
CF/
|
2004-07723 Vadim Orlov, plaintiff-respondent, v Socorro Clemente, defendant-respondent, Jonas Kadish, appellant. (Index No. 47447/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 18, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21420
CF/
|
2004-08841 P.T. & L. Contracting Corporation, appellant, v Trataros Construction, Inc., et al., respondents. (Index No. 12157/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated July 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21421
CF/
|
2004-06781 Pasta Plus of Cortlandt, Ltd., respondent, v Cortlandt Apple, LLC, et al., appellants. (Index No. 2233/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21422
CF/
|
2004-07789 Pasta Plus of Cortlandt, Ltd., et al., respondents, v Cortlandt Apple, LLC, appellant. (Index No. 2646/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated July 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21423
S/nl
|
2004-03835 The People of the State of New York, etc., plaintiff-respondent, v Cypress Hills Cemetery, etc., defendant-respondent, et al., defendants; Ravi Batra, non-party appellant. (Index No. 38143/93)
| ORDER ON APPLICATION |
Application by the plaintiff-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, Kings County, dated March 1, 2004.
ORDERED that the application is granted and the time of all respondents to serve and file their respective briefs is enlarged until April 18, 2005, and the respondents' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21386
CF/
|
2004-10281 Charles G. Polsen, et al., appellants, v Francoise Ceccolini, et al., respondents. (Index No. 18499/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated October 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21433
S/nl
|
2004-07341 Jan Poplawski, plaintiff, v Affordable Dwelling Units Leasing Corp., defendant third-party plaintiff-respondent-appellant, et al., defendant; Affordable Dwelling Units of George Steet, Inc., third-party defendant-appellant-respondent. (Index No. 5770/98)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 12, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until April 17, 2005, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21450
S/nal
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-05226
Raze Contracting, Inc., appellant, v Robert P. Colombo, respondent. (Index No. 16601/03)
| 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, Nassau County, dated March 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.
SCHMIDT, J.P., ADAMS, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21460
PL/nal
|
2004-03828
Abraham Sagiv, et al., appellants, v Francis W. Gamache, et al., respondents. (Index No. 764/02)
| 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 an appeal from an order of the Supreme Court, Kings County, dated March 3, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 24, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21400
CF/
|
2004-08074 25500 Cutchogue Properties, LLC, respondent, v Drell Corp., appellant. (Index No. 30065/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 25, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21426
S/nl
|
2004-07591 Cecilia Whelan, respondent, v Port Authority of New York and New Jersey, appellant. (Index No. 27824/01)
| 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, Queens County, dated April 23, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 16, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21437
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2004-05090 Charles Dun-Zheng Yan, appellant, v Nancy Klein, et al., respondents. (Index No. 8004/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated May 5, 2004, and to enlarge the respondents' time to serve and file their brief.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until May 6, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21429
Y/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-07030
Rosa Zumba, etc., respondent, v Rachel Stevko, et al., defendants; Sergey Fesenko, et al., appellants. (Index No. 38304/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants Jessica Borrelli and Sunrise Medical Labs, Inc., to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 3, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the movants' time to perfect the appeal is enlaged until April 11, 2005, and the record of appendix on the appeal and the movants' brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21391
CF/
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2004-05185 In the Matter of Yolanda Bracero, appellant, v Gobin Khemraj, respondent. (Docket No. O-07672/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated June 7, 2004
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21410
CF/
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2004-08830 In the Matter of Chubb Group of Insurance Companies, appellant, v Philius Nicholas, respondent. (Index No. 6103/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21418
CF/
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2004-08300 In the Matter of Paul Collins, et al., petitioners- appellants, v Town of Mamaroneck, respondent, Village of Scarsdale, et al., respondents-respondents. (Index No. 10034/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21403
CF/
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2004-05662 In the Matter of Commissioners of State Insurance Fund, respondent, v Eveready Insurance Company, appellant. (Index No. 16448/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21393
C/nl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-06070 In the Matter of Joseph Correia, petitioner, v Incorporated Village of Northport, et al., respondents. (Index No. 30168/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner in a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Suffolk County, dated June 21, 2004, to deem the record submitted on an appeal entitled Matter of Correia v Incorporated Village of Northport (Appellate Divison Docket No. 2003-6425), to be the record in this proceeding, along with any supplemental record required, and to enlarge the time to perfect the proceeding.
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 petitioner is granted leave to proceed on the original papers and the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the petitioner's time to perfect the proceeding by causing the original papers constituting the record to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief is enlarged until March 7, 2005; and it is further,
ORDERED that themotion is otherwise denied as academic.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21338
M/nal
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2004-10351 In the Matter of Soraya Farnam, respondent, v Albert Afrahim, appellant. (Docket No. O-10811-04)
| SCHEDULING ORDER |
Appeal by Albert Afrahim from an order of the Family Court, Queens County, dated November 17, 2004. By decision and order on motion of this court dated January 28, 2005, the following attorney was assigned as counsel on the appeal:
Steven P. Forbes, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 791-8444
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated January 28, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21224
S/nl
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2004-05387
In the Matter of Martha O'Celia Juansen, a/k/a Celia Juansen; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 1) (Index No. 9036/01) 2004-05388 In the Matter of Jacques Liwer; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 2) (Index No. 26986/99) 2004-05413 In the Matter of Loretta Haverty; Miller, Canfield, Paddock and Stone, PLLC, nonparty appellant. (Matter No. 3) (Index No. 5373/93) 2004-06744 In the Matter of Nora Roberts; Miller, Canfield Paddock and Stone, PLLC, nonparty appellant. (Matter No. 4) (Index No. 4227/01)
| 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, one dated January 27, 2004, two dated February 25, 2004, and one dated April 8, 2004, respectively.
ORDERED that the application is granted and the appellant's record and brief which were submitted to the Clerk of this court on January 31, 2005, are accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21438
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2004-03612
In the Matter of Mamaroneck Beach & Yacht Club, Inc., respondent, v Larry Fraioli, etc., et al., appellants. (Index No. 5565/04)
| 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 and judgment (one paper) of the Supreme Court, Westchester County, dated April 20, 2004, and to enlarge the appellants' time to serve and file a reply brief.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 25, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief shall be served and filed on or before March 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21379
CF/
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2004-08070 In the Matter of Lynne Martucci, deceased. Douglas Daly, et al., appellants; Joseph Martucci, et al., respondents. (File No. 20/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Surrogate's Court, Suffolk County, dated August 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19656
PL/nl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
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2004-05241
In the Matter of Michael Joseph Miller, respondent, v Abby Christine Miller, appellant. (Index No. V-03428/01)
| 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 Family Court, Dutchess County, dated may 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a non-dispositional order of the Family Court (see FCA § 1112), and we decline to grant leave to appeal, and it is further,
ORDERED that the application is denied as academic.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21343
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2004-01828, 2004-06412, 2004-06413 In the Matter of Shahzada Q. Mohammad, respondent, v Abdul Q. Mohammad, appellant. (Docket Nos. V-26688/99, V-27057/99)
| SCHEDULING ORDER |
Appeals by Abdul Q. Mohammad from three orders of the Family Court, Kings County, dated February 26, 2004, July 2, 2004, and June 28, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21406
CF/
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2004-02801, 2004-04633 In the Matter of Tammy Moloney, respondent, v James Moloney, appellant. (Docket Nos. V-13500-03, V-13501-03, V-13502-03, V13503-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant on appeals from two orders of the Family Court, Nassau County, dated February 10, 2004 and March 26, 2004, respectively, to withdraw the appeal from the order dated February 10, 2004 (Appellate Division Docket No. 2004-02801).
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal from the order dated February 10, 2004, pending under Appellate Division Docket No. 2004-02801, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21440
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2004-07179 In the Matter of Orange and Rockland Utilities, Inc., et al., appellants, v Assessor of the Town of Haverstraw, et al., respondents. (Index No. 4293/04)
| ORDER ON APPLICATION |
Application by the appellant Southern Energy Bowline, LLC, 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 July 2, 2004.
ORDERED that the application is granted and the movant's time to perfect the appeal is enlarged until April 11, 2005, and the joint record or appendix on the appeal and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21419
CF/
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2005-01087 In the Matter of Jonathan S. (Anonymous). St. Christopher Ottilie, appellant; Administration for Children's Services, et al., respondents. In the Matter of Neline S. (Anonymous). St. Christopher Ottilie, appellant; Administration for Children's Services, et al., respondents. (Docket Nos. B-16132-03, B-16133-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated December 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21383
CF/
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2004-08014 In the Matter of State Farm Mutual Automobile Insurance Company, appellant, v Yesef Badalov, respondent. (Index No. 13934/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated July 1, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21173
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2003-02712 The People, etc., respondent, v Arthur Blanco, appellant. (Ind. No. 02-00554)
| DECISION & ORDER 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, Westchester County, rendered November 21, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21428
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2003-06113
The People, etc., respondent, v John Ennis, appellant. (Ind. No. 5537/02)
| 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 in response to the appellant's supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief in response to the appellant's supplemental brief is enlarged until February 22, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21239
F/
ROBERT W. SCHMIDT, J.
|
2004-10164 The People, etc., plaintiff, v John Gonzalez, defendant. (Ind. No. 1853/93)
| 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 April 25, 2001, 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.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division : Second Judicial Department
M21237
F/
FRED T. SANTUCCI, J.
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2004-10637 The People, etc., plaintiff, v Lorenzo Ramsey, defendant. (Ind. No. 11910/93)
| 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 1, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
Appellate Division : Second Judicial Department
M21240
F/
ROBERT W. SCHMIDT, J.
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2004-06847 The People, etc., plaintiff, v Raymond Serrano, defendant. (Ind. No. 02-00335)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated July 9, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division : Second Judicial Department
M21241
F/
STEVEN W. FISHER, J.
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2004-10779 The People, etc., plaintiff, v Bernadette Staubitz, defendant. (Ind. No. 350/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 21, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEVEN W. FISHER
Associate Justice
Appellate Division : Second Judicial Department
M21238
F/
THOMAS A. ADAMS, J.
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2004-11147 The People, etc., plaintiff, v Darryl Summerville, defendant. (Ind. No. 4298/02)
| 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 12, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice