APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7853
S/sl
|
2003-01038 Shauna Alami, et al., respondents, v Volkswagen of America, Inc., appellant. (Index No. 20093/96)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated October 30, 2002, and to enlarge the appellant's time to serve and file a reply brief.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until February 19, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, shall be served and file on or before March 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7893
CF/
|
2003-07154 Michael Beinhorn, appellant, v Anastasia Beinhorn, respondent. (Index No. 5229/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated July 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6855
Y/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-01778 Pamela Brandes, etc., appellant, v North Shore University Hospital, et al., respondents, et al., defendant. (Index No. 5965/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, entered July 3, 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.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7855
S/sl
|
2003-04457 Christina Marie Conde, etc., et al., appellants, v City of New York, et al., respondents. (Index No. 47649/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated April 14, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 18, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7864
L/
|
2003-07421 Dennis D'Alessio, et al., respondents, v Pritipall Sabharwal, appellant. (Index No.2359/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 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
M7867
L/
|
2003-03838 Dilworth & Barrese, LLP, et al., respondents, v David M. Carter, et al., appellants. (Index No. 1754/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 7, 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
M7862
L/
|
2004-00599 Deirdre Donno, respondent, v Michael Palmiotto, appellant. (Index No. 8358/02)
| 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 December 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
M7858
S/sl
|
2003-06041 Albert Goetz-Haddad, appellant, v Steven Worthman, respondent. (Index No. 21284/01)
| 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, Suffolk County, dated May 28, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7743
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-06677 Lauren Goldstein, plaintiff-respondent, v Federated Department Stores, Inc., et al., appellants, International Service Systems, defendant-respondent.
(Index No. 19142/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 25, 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.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7866
L/
|
2003-11209 Janet Higgins, et al., respondents, v Clarkstown Central School District, appellant. (Index No. 1393/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated December 2, 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
M7860
S/sl
|
2003-09696 Maria Hiraldo, respondent, v New York City Health & Hospitals Corporation, appellant. (Index No. 17899/01)
| 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 September 18, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 11, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7868
S/sl
|
2003-08730 Daniel Isakov, respondent, v Cyrus Day, appellant. (Index No. 20078/01)
| 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, Queens County, dated June 5, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7889
PL/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-04252 Michael F. Kallon, appellant, v Henry R. Lamaute, etc., et al., respondents.
(Index No. 21328/99)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 2, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, dated April 30, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal, and cross motion by the respondents to dismiss the appeal on the ground, among others, that the appendix is inadequate, or to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the cross motion to dismiss the appeal is denied on condition that on or before February 20, 2004, the appellant settle the transcript of the trial of the above-entitled action pursuant to CPLR 5525, and serve and file a supplemental appendix containing the settled trial transcript; and it is further,
ORDERED that the motion is denied with leave to renew upon the filing of the supplemental appendix.
ORDERED that the branch of the cross motion which is to enlarge the respondents' time to serve and file a brief on the appeal is held in abeyance pending receipt of the appellant's renewed motion to waive the certification requirements.
PRUDENTI, P.J., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7629
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-02257 Katina, Inc., et al., appellants, v Town of Hempstead, et al., respondents (Index No. 31967/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2003, in effect, to direct the appellants to serve and file a supplemental record on appeal, to remove certain material from the record on appeal on the ground that it is dehors the record, and to enlarge the time to serve and file a brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental record on appeal is granted, and on or before February 25, 2004, the appellants shall serve and file a supplemental record containing the material listed as items 1-9 of paragraph five of the affirmation of John O. Brennan, Esq.; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief on the appeal is granted, the respondents' time to serve and file a brief is enlarged until March 10, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7870
S/sl
|
2003-07761 Brian Kroll, appellant, v Parkway Plaza Joint Venture, a/k/a Parkway Plaza 1400 Associates, LLC, respondent. (Index No. 8017/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7891
CF/
|
2003-09029 Ella H. Langston, et al., appellants, v Aramark Services, Inc., respondent. (Index No. 29149/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 20, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7863
L/
|
2003-03874 Eric Manuel, et al., appellants-respondents, v City of New York, respondent, Michael Miu, respondent-appellant. (Index No.9292/99)
| ORDER ON APPLICATION Application to Withdraw Cross-appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated March 13, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7856
L/
|
2003-08871 William Nelson, plaintiff-respondent, v Chelsea GCA Realty, Inc., defendant- respondent, Guess?, Inc., defendant-appellant- respondent, Holt Construction Corporation, defendant third-party plaintiff-respondent- appellant; Independent Wallcovering, et al., third-party defendants-respondents. (Index No. 7111/00)
| ORDER ON APPLICATION Application to Withdraw Cross appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Rockland County, dated September 7, 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 by the respondent-appellant is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7875
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2003-00178 P.T.R. Co., respondent, v Hanna Teitelbaum, etc., appellant. (Index No. 8835/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered November 18, 2002, which was determined by decision and order of this court dated December 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, with $100 costs.
RITTER, J.P., SMITH, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7857
L/
|
2003-08196 Linda Raffaele, respondent, v Michael Christopher, appellant. (Index No. 84/03)
| 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 11, 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
M7874
Y/sl
NANCY E. SMITH, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2002-08602, 2003-06933
Jonathan Rigbi, et al., respondents, v Herbert M. Wagner, appellant, et al., defendants. (Index No. 14236/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, dated July 22, 2002, and a judgment of the same court dated September 17, 2002, inter alia, for leave to reargue a motion, among other things, to reinstate the appeal from the order, which was determined by decision and order on motion of this court dated October 7, 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., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7877
S/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-03474 Rosemary Roldan, appellant, v Seamans Furniture Company, Inc., respondent. (Index No. 7879/01)
| DECISION & ORDER ON MOTION |
Appeal by Rosemary Roldan from an order of the Supreme Court, Rockland County, dated March 12, 2003. By decision and order on motion dated February 6, 2003, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - January 2004 Calendar", the appeal was dismissed. Application by the appellant to withdraw the appeal.
Now, on the court's own motion and upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that so much of the decision and order on motion of this court dated February 6, 2004, as dismissed the above-entitled appeal is recalled and vacated; and it is further,
ORDERED that the application is granted and the appeal is marked withdrawn.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7872
Y/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
ANITA R. FLORIO
WILLIAM F. MASTRO, JJ.
|
2002-08497 Zachary David Ruffing, etc., et al., plaintiffs, Alyssa Pfleging, et al., appellants, v Union Carbide Corporation, et al., defendants, International Business Machines Corporation, respondent. (Action No. 1) (Index No. 4049/97) Zachary David Ruffing, etc., et al., plaintiffs, Alyssa Pfleging, et al., appellants, v Hoechst Celanese, etc., et al., defendants. (Action No. 2) (Index No. 15664/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered August 13, 2002, which was determined by decision and order of this court dated November 3, 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, FLORIO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7894
CF/
|
2003-09549 Michael Ruscillo, respondent-appellant, v Kathleen Ruscillo, appellant-respondent. (Index No. 23641/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and a cross appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated August 26, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7871
S/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-02657 Edgar Shafarenko, appellant, v Fu Cheng, respondent.
(Index No. 16820/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, entered November 4, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7859
L/
|
2003-09209 Lauretta Simon, respondent, v Michael Dwyer, appellant. (Index No. 1567/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 10, 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
M7880
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2002-04098, 2002-04457 Kevin Tormey, appellant, v Shell Oil Company, et al., respondents. (Index No. 4549/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 20, 2003, which determined appeals from a decision and a judgment of the Supreme Court, Dutchess County, dated April 18, 2002, and April 24, 2002, 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.
PRUDENTI, P.J., RITTER, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7861
L/
|
2003-11463 John Urgo, et al., respondents, v Michael A. Weinstein, etc., et al., appellants. (Index No. 5857/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 20, 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
M7890
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI.
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-05549, 2003-10075, 2003-10076 In the Matter of Michelle Bouie, appellant, v Juan E. Arvelo, respondent.
(Docket No. V-13543-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled matter dated January 7, 2004, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute appeals from an order of the Family Court, Kings County, dated June 24, 2003, and an order and an amended order of the same court, both dated November 10, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; 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 appellant's counsel, 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 the appellant's 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 appeals:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7869
L/
|
2003-06831 In the Matter of Lucchese & D'Ammora, LLP, appellant, v Jeremiah Sheehan, respondent. (Index No. 5299/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated June 23, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7865
L/
|
2004-00302 In the Matter of Menorah Home & Hospital for Aged & Infirm, petitioner-respondent; Grace M. Colson, etc., respondent, Commissioner of Social Services, nonparty-appellant. (Index No. 108058/00)
| 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 October 20, 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
M7821
C/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05636 In the Matter of Nathan Moros, deceased. Daniel Moros, et al., appellants; Anne L. Cohen, et al., respondents. (File No. 1307-86) 2004-00769 In the Matter of Daniel Moros, as Trustee of the Isabel Moros Inter Vivos Trust for the benefit of Grandchildren, et al. Daniel Moros, appellant; Dvorah Beth Cohen, et al., respondents. (File No. 3327/02 [A]) In the Matter of Daniel Moros, as Trustee, of the Isabel Moros Inter Vivos Trust for the benefit of Dvorah Beth Cohen. Daniel Moros, appellant; Dvorah Beth Cohen, et al., respondents. (File No. 3327/02 [B])
| DECISION & ORDER ON MOTION |
Motion by Steven S. Sieratzki to strike the brief of the respondents Anne L. Cohen and Dvorah Beth Cohen on an appeal from an order of the Surrogate's Court, Queens County, dated May 21, 2003 (Appellate Division Docket No. 2003-05636). Separate motion by the appellants, Daniel Moros and Isabel Moros, for leave to consolidate the appeal with an appeal from an order of the Surrogate's Court, Westchester County, dated January 19, 2004 (Appellate Division Docket No. 2004-00769), or, in effect, to calendar the appeals together, and to stay all proceedings in the above-entitled matters pending the hearing and determination of the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the appellants' motion which is to stay all proceedings in the above-entitled matters is granted and all proceedings in the above-entitled matters are stayed pending hearing and determination of the appeals on condition that the appeal from the order dated January 9, 2004, is perfected on or before March 12, 2004; and it is further,
ORDERED that in the event that appeal is not perfected on or before March 12, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is, in effect, to calendar the appeals together is granted and the appeals shall be argued or submitted on the same day; and it is further,
ORDERED that the appellants' motion is otherwise denied; and it is further,
ORDERED that the motion by Steven S. Sieratzki is referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7876
S/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
ROBERT W. SCHMIDT, JJ.
|
2003-03079, 2004-00884
In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) In the Matter Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-101-02, N-102-02, N-103-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled matter dated May 21, 2003, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute appeals from two orders of the Family Court, Westchester County, dated March 6, 2003, and December 29, 2003, respectively, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; 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 appellant's counsel, 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 appeal, including the Law Guardian, if any, when counsel serves the appellant's 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 appeals:
Izhak Ben-Meir, Esq.
720 Milton Road - Apt. 4B
Rye, New York 10580
(914) 967-3991
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.
SANTUCCI, J.P., GOLDSTEIN, H. MILLER and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7876
S/sl
A.GAIL PRUDENTI, J.P.
NANCY E. SMITH
SONDRA MILLER
ROBERT W. SCHMIDT, JJ.
|
2003-04065 In the Matter of Louis Skeen, appellant, v Marie Skeen-Louggar, respondent.
| DECISION & ORDER ON MOTION |
On the Court's own motion it is
ORDERED tthat its decision and order dated August 5, 2003, in the above-entitled matter is amended by adding to the caption thereof Docket No. "V-18709-02.
PRUDENTI, P.J., SMITH, S. MILLER and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7719
F/
FRED T. SANTUCCI, J.
|
2003-10544 The People, etc., plaintiff, v Michael Cobb, defendant. (Ind. No. 10070/91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 21, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7881
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-03217
The People, etc., respondent, v Daniel Goodman, appellant. (Index No. 02-00931)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, rendered March 13, 2003.
Upon the papers filed in support of the motion and the papers filed in relation hereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 18, 2004.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7885
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-00939 The People, etc., respondent, v Richard Lanham, appellant. (Ind. No. 66581)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, rendered January 2, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 19, 2004.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7186
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2001-04769 The People, etc., respondent, v Jerry McBee, appellant. (Ind. No. 1026/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered May 22, 2001, to file certain exhibits in connection with his supplemental brief.
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 exhibits that were submitted to the office of the Clerk of this court are accepted for filing.
ALTMAN, J.P., KRAUSMAN, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
01-A-3236
Auburn Correctional Facility
Box 618
Auburn, New York 13024
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7888
PL/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-07645 The People, etc., respondent, v Nathan Powell, appellant. (Ind. No. 82/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief Appeal from Judgment |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 3, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered August 18, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide retained counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if retained counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing retained counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
03 A 4785
Five Points Corr. Fac.
State Route 96-Box 400
Romulus, New York 14541
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7879
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-08039
The People, etc., respondent, v Alfredo Rodriguez, appellant.
(Ind. No. 668-98)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 2003, 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 granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
. ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk Co., - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7873
Y/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2002-11148 The People, etc., respondent, v Stuart Roll, appellant. (Ind. No. 2311/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the County Court, Suffolk County, rendered December 2, 2002, which was determined by decision and order of this court dated November 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., SANTUCCI, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7882
C/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-01962 The People, etc., respondent, v Aurel Smith, appellant.
(Ind. No. 1484/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 20, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before April 6, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7892
PL/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-02792 The People, etc., respondent, v Jonathan D. Smith, appellant. (Ind. No. 106/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 5, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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, Dutchess County, rendered March 13, 2003, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic in light of the decision and order on motion of this court dated January 22, 2004.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk