APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7813
L/
|
2003-07205 Dennis Adams, et al., respondents, v Lawrence Harris, et al., appellants. (Index No. 15247/02)
| 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 July 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7809
L/
|
2003-09137 Tara A. Aimetti, respondent, v Catherine L. Sottile, et al., appellants. (Index No. 13858/01s)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Allison Stakofsky and Joel Stakofsky to withdraw their appeal from an order of the Supreme Court, Kings County, dated September 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal by the appellants Allison Stakofsky and Joel Stakofsky is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7822
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-00815 Joyce Bobinski, appellant, v John Bobinski, respondent. (Index No. 13008/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated January 23, 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 granted and enforcement of the order dated January 23, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 26, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 26, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the briefs of the respondent and Law Guardian must be served and filed on or before April 16, 2004; and it is further,
ORDERED that the reply brief must be served and filed on or before April 23, 2004.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7814
L/
|
2003-08581 Colin Campbell, appellant, v City of Glen Cove, respondent. (Index No. 4223/00)
| 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 4, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7818
L/
|
2003-07575 County of Suffolk, etc., et al., respondents, v Long Island Power Authority, etc., et al., appellants. (Index No. 24125/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7825
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-00653 Catherine DeNiro, et al., respondents, v Fox Hollow Restaurant & Caterers, et al., appellants, et al., defendants (and a third-party action). (Index No. 287/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated October 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7815
L/
|
2003-07084 Electronic Services International, Inc., respondent, v Ralph Silvers, appellant. (Index No. 5938/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 27, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7812
L/
|
2003-07631 Geralde Hyppolite, respondent, v Chi Sin Cheung, appellant, et al., defendants. (Index No. 28820/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 14, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7846
O/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2002-02270 Michaelle Jeanty, plaintiff-respondent, v Zahkar Benin, et al., defendants-respondents, Michael Maskaron, et al., appellants, et al., defendants. (Index No. 11686/98)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated February 22, 2002, which was determined by decision and order of this court dated November 24, 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., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7801
L/
|
2003-07450 Deborah Kelly, appellant, v Joseph J. DiSpaltro, respondent. (Index No. 51/03)
| 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 July 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7802
L/
|
2003-07452 Deborah Kelly, appellant, v Joseph J. DiSpaltro, respondent. (Index No. 51/03)
| 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 4, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7824
Y/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-11157 Mark Koplowitz, et al., respondents, v Jean Pierre Touchard, et al., appellants. (Index No. 13904/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated November 3, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7847
O/sl
NANCY E. SMITH, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-10572 Lila Lazar, et al., respondents, v TJX Companies, Inc., d/b/a Marshalls, appellant, et al., defendant. (Index No. 7921/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2002, which was determined by decision and order of this court dated November 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.
SMITH, J.P., SCHMIDT, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7827
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08925, 2003-08927 NYCTL 1998-2 Trust, et al., respondents, v Isaac Levin, appellant, et al., defendants. (Index No. 4917/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated May 23, 2003, and October 2, 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
M7808
L/
|
2003-09808 Frank Napoli, respondent, v Ambus, Inc., d/b/a Winston Coach, appellant. (Index No. 17690/03)
| 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 September 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7806
L/
|
2003-05903 Ronald Narducci, et al., respondents, v Tishman Construction Corporation, et al., appellants. (and a third-party action) (Index No. 16148/93)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated June 4, 2003.
Upon the stipulation of the parties, dated February 3, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
February 11, 2004
NARDUCCI v TISHMAN CONSTRUCTION CORPORATION
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7807
L/
|
2003-10327 Niko Food & Meats, Inc., respondent, v Anthony J. Taormina, a/k/a Anthony Carini, appellant. (Index No.4707/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated October 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7630
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
ANITA R. FLORIO
SANDRA L. TOWNES, JJ.
|
2003-07884 Ocwen Federal Bank FSB, respondent, v DeLuxe Building Systems, etc., appellant, et al., defendant. (Index No. 13997/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered July 23, 2003, inter alia, on the ground that it is barred by the doctrine of res judicata in light of a decision and order of this court dated April 28, 2003, which determined an appeal in the above-entitled action from an order of the Supreme Court, Westchester County, entered September 27, 2001 (see Ocwen Fed. Bank v DeLuxe Bldg. Sys., 304 AD2d 805).
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.
PRUDENTI, P.J., RITTER, FLORIO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7817
L/
|
2003-07032 Marianna Reis, respondent, v William & John Street Associates, LLC, et al., defendants, New York Elevator Company, Inc., appellant. (Index No. 15539/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7810
L/
|
2003-04997 Roger M. Slotkin, appellant, v Mercedes Benz of North America, Inc., respondent. (Index No. 3173/93)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated May 1, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7831
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-00806 Gregory Tarone, respondent, v Madeleine Tarone, appellant. (Index No. 1265/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of a stipulation of settlement dated January 15, 2003, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 9, 2004.
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., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M 7844
O/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00385 Windsor Metal Fabrications, Ltd., plaintiff, v Scott & Schechtman, et al., defendants (and third-party action). (Index No. 268/98)
| DECISION & ORDER ON MOTION |
Motion by plaintiff, inter alia, for leave to appeal to this court from an order of the Supreme Court, Orange County, dated January 15, 2004.
Upon the papers filed in support of the motion and the papers filed in relation 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
M7738
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-10239
In the Matter of Verna E. (Anonymous). Sandra S. (Anonymous), appellant; Commissioner of Social Services, petitioner-respondent; New York Foundation for Senior Citizens Guardian Services, Inc., Guardian Ad Litem, respondent; Hoover Assets, Inc., respondent-respondent. (Index. No. 20666/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated October 6, 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 and in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Mark Diamond, Esq.
P. O. Box 1805
Murray Hill Station
New York, New York 10016
(212) 889-0897
and it is further,
ORDERED that pursuant to statute (CPLR 1102[b]), the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant's attorney and file the other with an affidavit of the fact and date of such delivery and filing. Assigned counsel is directed to turn over said transcripts to the respondent when counsel serves the appellant's brief upon the respondent, 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 if a trial or hearing was held, assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SMITH, J.P., GOLDSTEIN, H. MILLER, and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7841
S/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-11034
In the Matter of Rachael G. (Anonymous), etc., petitioner, v Radames G. (Anonymous), Jr., respondent. (Proceeding No. 1) (Docket No. O-18003/02) In the Matter of Davin G. (Anonymous). Administration for Children's Services, appellant; Radames G. (Anonymous), respondent. (Proceeding No. 2) (Docket No. N-1850/03) In the Matter of Daniel G. (Anonymous). Administration for Children's Services, appellant; Radames G. (Anonymous), respondent. (Proceeding No. 3)
(Docket No. N-1851/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated February 2, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the Administration for Children's Services, the appellant in Proceedings Nos. 2 and 3, to stay enforcement of an order of the Family Court, Queens County, dated December 16, 2003, as amended December 17 2003, and to continue a prior order of the same court dated November 6, 2003, prohibiting contact between the mother and the respondent father and permitting only supervised visitation between the respondent father and the subject children in the discretion of the appellant, 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 December 16, 2003, as amended December 17, 2003, is stayed pending hearing and determination of the appeal, and the order dated November 6, 2003, prohibiting contact between the mother and the respondent father and permitting only supervised visitation between the father and the subject children in the discretion of the appellant, is continued pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 3, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 3, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7816
L/
|
2003-05307 In the Matter of Interboro Mutual Indemnity Insurance Company, petitioner-respondent, v Daniel C. Kraus, et al., appellants, Mathew K. George, et al., additional respondents-respondents. (Index No. 3307/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated May 14, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7691
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-11221
In the Matter of Asia M. (Anonymous). Orange County Department of Social Services, appellant; Maritza T. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Axel H. (Anonymous). Orange County Department of Social Services, appellant; Maritza T. (Anonymous), et al. respondents. (Proceeding No. 2) (Docket Nos. N-5276-03, N-5277-03, N-5279-03, N-5280-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated December 18, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Gilbert A. Taylor, Esq., Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Marsha E. Koretzky, Esq.
P.O. Box 943
Goshen, New York 10924
(845) 294-1611
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7751
F/
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-10041
In the Matter of Raymond M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Samantha M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tiffany M. (Anonymous). Orange County Department of Social Services, respondent; Benjamin M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-2487-03, NN-2488-03, NN-2489-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated October 21, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Kimberly M. Williams, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Gary E. Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
(914) 782-6715
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7628
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-04508 In the Matter of Mastronardi Masons, petitioner, v Raymond P. Martinez, etc., respondent. (Index No. 1829/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent in a proceeding pursuant to CPLR article 78 for leave to serve and file a supplemental record containing certain documents introduced into evidence at an administrative hearing before the New York State Department of Motor Vehicles.
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 on or before March 4, 2004, the respondent shall serve and file a supplemental record containing the material appended as Exhibit A to the instant motion papers.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M 7848
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07836 In the Matter of Larry O. (Anonymous), Jr. Suffolk County Department of Social Services, respondent; Tunisia I. (Anonymous), et al., appellants. (Docket Nos. N-1236-03, N-1240-03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant Larry O. in a proceeding before the Family Court, Suffolk County, dated July 24, 2003, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, dated July 24, 2003, and to grant that appellant leave to prosecute the appeal 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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant Larry O. on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before February 26, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant Larry O. on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before March 11, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that he is interested in pursuing the appeal.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7849
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07837, 2003-07838 In the Matter of Jo-Anne Rossitto, appellant, v Ralph DeFelice, respondent. (Docket No. F-08675-03)
| DECISION & ORDER ON MOTION |
Appeals by Jo-Anne Rossitto from two orders of the Family Court, Suffolk County, dated July 17, 2003, and August 18, 2003, respectively. By order to show cause dated January 16, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated December 1, 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 appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 1, 2003 (see 22 NYCRR 670.4[a][5]).
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7820
PL/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-03985, 2003-11202 In the Matter of Irving Schachter, appellant, v State of New York Division of Housing and Community Renewal Office of Rent Administration, respondent. (Index No. 6529/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated February 4, 2004, in the above-entitled matter is amended by deleting from the second paragraph thereof the words " no papers having been filed in opposition thereto", and substituting therefor the words "the papers filed in opposition thereto ".
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7737
F/
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-09155 In the Matter of Khierk T. (Anonymous). Child Development Support Corporation, et al., respondents; Macee P. (Anonymous), et al., appellants. (Docket No. B-3548-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant Macee P. in a proceeding before the Family Court, Queens County, to be relieved on appeals from an order of the Family Court, Queens County, dated August 29, 2003, for the assignment of new counsel to prosecute the appeal on behalf of Macee P. and for leave for Macee P. to prosecute that appeal as a poor person.
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 the counsel assigned by the Family Court for Macee P. is relieved from representing the appellant on his appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the counsel for Macee P., without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when counsel serves Macee P., brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Macee P.:
Zvi Ostrin, Esq.
154 West 18th Street - 5D
New York, New York 10011
(212) 255-5809
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal on behalf of Macee P. expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
ALTMAN, J.P., SMITH, H. MILLER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7840
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05971 The People, etc., respondent, v Brian Banister, appellant. (Ind. No. 2587/02)
| 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, Suffolk County, rendered June 12, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 6, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
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:
Richard L. Herzfeld, Esq.
555 Fifth Avenue - 17th Floor
New York, New York 10017
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., SMITH, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 3403
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7720
F/
A. GAIL PRUDENTI, P.J.
|
2003-09142
The People, etc., plaintiff, v Kelvin C. Bates, defendant. (Ind. No. 01-00246)
| 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 September 22, 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.
A. GAIL PRUDENTI
Presiding Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7834
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-00218
The People, etc., respondent, v Kizzy Benjamin, appellant. (Ind. No. 1919-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered October 20, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7842
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07345 The People, etc., respondent, v Mario Canales, appellant. (Ind. No. 367-03)
| 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, Suffolk County, rendered July 23, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 6, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
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:
Richard L. Herzfeld, Esq.
555 Fifth Avenue - 17th Floor
New York, New York 10017
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., SMITH, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 R 4018
Mid-State Corr. Fac.
Box 2500
Marcy, New York 13403
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7830
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-00490 The People, etc., plaintiff, v Thomas DeVivio, defendant. (Ind. No. 464/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered April 15, 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.
RITTER, J.P., SMITH, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7727
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2000-11452 v Andre Demosthene, appellant. (Ind. No. 00-00188)
| The People , etc., respondent, 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 County Court, Rockland County, rendered November 22, 2000, 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 relation thereto, it is
ORDERED that the motion is granted; 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.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
428637-SBI 112631D
A.C. Wagner Corr. Fac.
Box 500 - Ward Avenue
Bordentown, New Jersey 08505
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7828
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-00417 The People, etc., plaintiff, v Joel Georges, defendant. (Ind. No. 5883/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SMITH, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7850
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-05530 The People, etc., respondent, v Jose Gonzalez, appellant. (Ind. No. 01-00669)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to be furnished with a copy of the grand jury minutes in the above-entitled action on an appeal from a judgment of the County Court, Orange County, rendered April 25, 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.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7726
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-00095 The People, etc., respondent, v Charles Heine, appellant. (Ind. No. 1188-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Suffolk County, rendered September 16, 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 appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Suffolk County, rendered September 16, 2003.
S. MILLER, J.P., LUCIANO, ADAMS, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7832
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-09990 The People, etc., respondent, v James Simms, Jr., appellant. DECISION & ORDER ON MOTION
(Ind. No. 01-00173)
| Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered October 31, 2001.
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., SMITH, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
01 A 6273
Attica Corr. Fac.
Box 149
Attica, New York 14011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7631
A/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
1991-07868 The People, etc., respondent, v Roger Wade, appellant. (Ind. No. 15801/89)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered August 13, 1991, upon the death of appellant on September 1, 1991.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770).
RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk