Appellate Division: Second Judicial Department
M21327
A/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
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2004-02448 Robert Bianco, respondent, v Andrea Bianco, appellant. (Index No. 16717/90)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated January 5, 2004, to enlarge the time to serve and file the replacement record brief, pursuant to a decision and order on motion of this court dated December 6, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to serve and file the replacement record and brief is enlarged until March 16, 2005, and the replacement record and brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21529
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04469 Michael Bourbakis, respondent, v Jacek Boron, et al., appellants, et al., defendants. (Index No. 10913/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004.
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 appellants' time to perfect the appeal is enlarged until March 11, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21587
A/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-00051 Johnny Cruz, et al., respondents, v Robert E. Lee, et al., appellants. (Index No. 8762/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants Robert E. Lee and Elizabeth A. Nolan to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 16, 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.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21592
S/sl
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2004-05563 Steven DiLauria, appellant, v Town of Harrison, et al., respondents. (Index No. 486/04)
| 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, Westchester County, dated May 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 14, 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
M21588
S/sl
|
2004-07382 Franca Ferrera, respondent, v Joseph Ruisi, et al., defendants, Michael Nied, et al., appellants. (Index No. 11495/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 23, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 20, 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
M21575
R/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2003 07018 Raul Garcia, et al., appellants, v Peter Pepe, Jr., et al., defendants, JWS Technologies, respondent. (Index No. 19063/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated April 15, 2003, which was determined by decision and order of this court dated October 25, 2004, 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.
ADAMS, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21540
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-03742 Grandell Rehabilitation and Nursing Center, Inc., appellant-respondent, v Victor Serby, et al., respondents-appellants.
(Index No. 396/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal from an order of the Supreme Court, Nassau County, dated March 18, 2004, to stay the jury selection and trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21559
A/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-03418 Bhardwaaj Harripersaud, appellant, v D.J. Air Services, Inc., et al., respondents.
(Index No. 18872/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, entered March 4, 2004, for leave to reargue that branch of a motion which was for leave to prosecute the appeal as a poor person, which was determined by decision and order of this court dated November 26, 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; and it is further,
ORDERED that on the court's own motion the appellant's time to perfect the appeal is enlarged until March 22, 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 no further enlargements of time shall be granted.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21585
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2004-05643 Gary Levine, respondent-appellant, v Barbara Levine, appellant-respondent. (Appeal No. 1) 2005-00365 Gary Levine, appellant, v Barbara Levine, respondent. (Appeal No. 2) (Index No. 201713/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 21, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Gary Levine, the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered June 3, 2004, and the appellant on an appeal from an order of the same court dated December 21, 2004, to stay stated portions of the judgment and the order, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that so much of the judgment and the order as directed Gary Levine to pay an attorney's fee in the sum of $250,000 to Barbara Levine is stayed on condition that (1) on or before February 22, 2005, Gary Levine pay Barbara Levine the sum of $100,000 towards attorney's fees and (2) Gary Levine perfects the appeals on or before March 10, 2005, and the motion is otherwise denied; and it is further,
ORDERED that in the event that Gary Levine does not pay Barbara Levine the sum of $100,000 towards attorney's fees on or before February 22, 2005, or does not perfect the appeals on or before March 10, 2005, the court, on its own motion, may vacate the stay, or Barbara Levine may move to vacate the stay, on three days notice.
FLORIO, J.P., ADAMS, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21605
J/sl
|
2003-10955
Ira Mandel, etc., et al., respondents-appellants, v New York County Public Administrator, etc., appellant-respondent. (Index No. 42586/96)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated November 13, 2003.
ORDERED that the application is granted and the respondents-appellants' reply brief shall be served and filed on or before February 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21589
S/sl
|
2004-06945
Andrew Medina, et al., respondents, v New York City Health & Hospitals Corporation, appellant, et al., defendants. (Index No. 31938/02)
| 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 June 18, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 28, 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
M21604
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-04743 Juan Martinez Morales, et al., plaintiffs-respondents, v 569 Myrtle Avenue, LLC, defendant-respondent-appellant, Maximum Distributors, Inc., defendant third-party plaintiff-appellant-respondent; Regional Construction Corporation, third-party-defendant-respondent.
(Index No. 45207/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 12, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21561
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-05786 Mortgage Electronic Registration Systems, Inc., etc., respondent, v Anthony Piazza, Jr., appellant. (Index No. 4146/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered May 19, 2004, for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 15, 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 no further enlargements of time shall be granted.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21593
S/sl
|
2004-05107
John Nesdale, appellant, v Frank Banister, respondent. (Index No. 4321/01)
| 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, Westchester County, dated April 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal by filing his brief on the appeal is enlarged until February 22, 2005, and the appellant's brief must be filed on or before that date; and it is further,
ORDERED that the respondent shall file his brief on or before March 4, 2005; and it is further,
ORDERED that the reply brief shall be served and filed on or before March 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21602
J/sl
|
2004-04365 Pansini Stone Setting, Inc., respondent, v Crow and Sutton Associates, Inc., et al., appellants, et al., defendants. (Index No. 13210/97)
| 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, Westchester County, entered March 24, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 31, 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
M21594
E/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-01176, 2004-03838, 2004-09844, 2005-00878 Barbara Purpura, respondent, v Nicholas E. Purpura, appellant.
(Index No. 5769/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Supreme Court, Richmond County, dated January 21, 2004, September 30, 2004, and January 3, 2005, respectively, and an appeal from a judgment of the same court dated April 15, 2004, to enjoin the sale of certain real property pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21597
E/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-09844 Barbara Purpura, respondent, v Nicholas E. Purpura, appellant.
(Index No. 5769/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated September 30, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on 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 on condition that on or before March 15, 2005, the appellant shall remove from the copies of the appendix on appeal on file with this court pages 308 through 324 or serve and file a replacement appendix that does not contain that material; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until April 14, 2005, and the respondent's brief must be served and filed on or before that date.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21547
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00261 Juliana Ramos, et al., plaintiffs-respondents, v MacLaundry Hemp., Inc., appellant., ELM Industrial Real Estate Corp., et al., defendants-respondents. (Index No. 17822/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered November 24, 2004.
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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21552
O/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-06176 Nat Schlesinger, etc., et al., plaintiffs-respondents, v Zalman Klein, et al., defendants-respondents; Victor Schlesinger, intervenor-appellant. (Index No. 23641/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 17, 2004.
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 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.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21544
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-07710 Anthony Sorrentino, respondent, v Elvira Paganica, appellant.
(Index No. 13420/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 15, 2004.
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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21606
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-01032 Injah Tafari, appellant, v State of New York, respondent.
(Claim No. 104370)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Court of Claims, dated January 6, 2004, and for leave to reargue those branches of his prior motion which were for free transcripts and to waive the filing fee, which were determined by decision and order on motion of this court dated August 4, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and 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 a brief on the appeal is enlarged until May 16, 2005; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21562
A/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-00292 Torianne Thompson, respondent, v Steuben Realty Corp., et al., appellants.
(Index No. 33754/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to stay all proceedings in the above-entitled action, including the inquest on damages, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 3, 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.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21586
O/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-00917 Larisa Tolmasova, respondent, v Ludmila Umarova, et al., defendants, Roman V. Popik, appellant. (Index No. 14697/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 21, 2005.
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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 15, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 15, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21576
R/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-05430 James Tosner, et al., respondents, v Town of Hempstead, et al., appellants.
(Index No. 19334/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered May 21, 2003, which was determined by decision and order of this court dated November 22, 2004, 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.
SCHMIDT, J.P., S. MILLER, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21621
L/
BARRY A. COZIER, J.P.
DAVID S. RITTER
FRED T. SANTUCCI.
PETER E. SKELOS, JJ.
|
2004-05197 William Velez, et al., respondents, v Congers Realty, Inc., appellant. (Index No. 6976/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 7, 2004.
Upon the stipulation of the attorneys for the respective parties, dated February 4, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., RITTER, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21601
E/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-09212
In the Matter of William B. (Anonymous). Nassau County Department of Social Services, respondent; Lashana N. B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-2458/04) In the Matter of Andre M. (Anonymous). Nassau County Department of Social Services, respondent; Lashana N. B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-6636/03) In the Matter of Shonta F. (Anonymous), petitioner- respondent, v Lashana N.B. (Anonymous), appellant, Nassau County Department of Social Services, respondent-respondent. (Proceeding No. 3) (Docket Nos. V-2959-04, V-2960-04)
| DECISION & ORDER ON MOTION |
Motion by counsel for the appellant, inter alia, to be relieved of an assignment to represent the appellant on an appeal from an order of disposition the Supreme Court, Nassau County, dated September 7, 2004, on the ground that the appellant has abandoned the appeal. By order to show cause dated January 20, 2005, the motion was held in abeyance and the parties to this appeal or their counsel were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, and upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the branch of motion by assigned counsel to be relieved is granted and the counsel for the appellant is relieved from representing the appellant; and it is further,
ORDERED that the order to show cause to dismiss the appeal is granted and the appeal is dismissed as abandoned, without costs or disbursements; and it is further,
ORDERED that the motion by assigned counsel is otherwise denied as academic.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21612
F/
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-11005, 2004-11006, 2004-11007
In the Matter of Mina Bronstein-Becher, respondent, v Yehudah Becher, appellant. (Docket No. F-9653-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute appeals from three orders of the Family Court, Kings County, one dated December 7, 2004, and two dated December 16, 2004, 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 m intues 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:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
(212) 876-8335
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.
COZIER, J.P., S. MILLER, SPOLZINO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21607
E/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-10311 In the Matter of Marlena Maria F. (Anonymous). Westchester County Department of Social Services, respondent; Maria Magdalena F. (Anonymous), appellant. (Docket No. B-2884/04)
| ORDER TO SHOW CAUSE |
Motion by counsel for the appellant to be relieved of an assignment to represent the appellant on an appeal from an order of the Family Court, Westchester County, dated October 7, 2004, on the ground that the appellant has abandoned the appeal.
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 counsel is relieved from representing the appellant; and it is further,
ORDERED that on the court's own motion, the appellant and the other parties to this appeal or their counsel are directed to show cause before this court, why an order should or should not be made and entered dismissing the appeal as abandoned by each filing an affirmation or affidavit on the issue with the Clerk of this court on or before March 15, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the appellant and the other parties, including the Law Guardian, if any, to this appeal, or their counsel, by regular mail.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21581
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-05616, 2004-05617 In the Matter of Joan Marie Fotiades, deceased. Gregory Fotiades, petitioner-respondent; David Moskoff, appellant, et al., respondent.
(File No. 519/01)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent on appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004, inter alia, to compel the appellant to serve and file a supplemental record containing the material appended as Exhibit D to the instant motion papers and to enlarge the time to serve and file a brief and cross motion by the appellant for leave to omit certain documents from the record on appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to compel the appellant to serve and file a supplemental record and to enlarge the time to serve and file a brief are granted; and it is further,
ORDERED that on or before March 15, 2005, the appellant shall serve and file a supplemental record containing the material appended as Exhibit D to the petitioner-respondent's motion papers; and it is further,
ORDERED that the petitioner-respondent's time to serve and file a brief is enlarged until April 14, 2005, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied, and it is further,
ORDERED that the cross motion is denied.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21596
J/sl
|
2004-03987
In the Matter of Gabrielle Realty Corp., respondent, v Board of Zoning Appeals of Incorporated Village of Freeport, appellant. (Index No. 17200/03)
| 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, Nassau County, dated March 12, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 9, 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
M21614
F/
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-09431, 2004-09432
In the Matter of Antonio I. (Anonymous). Suffolk County Department of Social Services, respondent; Tony I. (Anonymous), et al., appellants. (Docket Nos. B-20949-03, B-20950-03, B-20951-03)
| 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 case dated February 10, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:
Motion by the appellant Tony I. for leave to prosecute appeals from two decisions of the Family Court, Suffolk County, dated August 18, 2004, and October 19, 2004, respectively, 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 on the court's own motion, the appeal from the decision dated August 18, 2004 (Appellate Division Docket Number 2004-09431), is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the notice of appeal from the decision dated October 19, 2004 (Appellate Division Docket Number 2004-09432), is deemed to be a premature notice of appeal from an order of the Family Court, Suffolk County, dated November 1, 2004 (see CPLR 5520[c]); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal from the order dated November 1, 2004, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 Tony I., 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 for Tony I. 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 Tony I.'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 appeal on behalf of Tony I.:
Evan Tanenbaum, Esq.
Beler & Tanenbaum, P.C.
25 West Main Street
Smithtown, New York 11787
(631) 979-1027
and it is further,
ORDERED that the assigned counsel for Tony I. shall prosecute the appeal 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.
H. MILLER, J.P., LUCIANO, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21615
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-08359
In the Matter of Elaine Maria, respondent, v Rovel Maria, appellant. (Index No. O-00084-03)
| DECISION AND ORDER ON MOTION |
Appeal by Rovel Maria from an order of the Supreme Court, Queens County, dated June 8, 2004. By order to show cause dated January 14, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with an order dated December 2, 2004, granting the appellant leave to renew a motion for leave to prosecute the appeal as a poor person on or before January 7, 2005.
On the court's own motion, and no papers having been the papers filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the order dated December 2, 2004.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21513
M/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-03887, 2004-03889, 2004-03891, 2004-05919, 2004-05920, 2004-05921 In the Matter of Gia Melikishvili, respondent, v Ketevan Grigolava, appellant.
(Docket Nos. V-04251-01, V-14040-99)
| SCHEDULING ORDER |
Appeals by Ketevan Grigolava from six orders the Family Court, Queens County, three dated April 2, 2004, and three dated June 25, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until February 22, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21556
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-01885, 2004-09064 In the Matter of Josephine Simonetti, deceased. Carol Simonetti, appellant. (File No. 322625)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Surrogate's Court, Nassau County, entered January 12, 2004, and August 31, 2004, respectively, to enlarge the time to perfect the appeal from the order dated January 12, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order dated January 12, 2004 is enlarged until April 8, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21610
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
FRED T. SANTUCCI
DANIEL F. LUCIANO, JJ.
|
1994-08665, 1994-08666, 1996-02082, 1996-04874, 1996-09810 In the Matter of Sharon Sitzer, appellant- respondent, v Gary Fay, respondent-appellant. (Docket No. V-1607/93)
| DECISION & ORDER ON MOTION |
Motion by Sharon Sitzer, on appeals and cross appeals from five orders of the Family Court, Suffolk County, entered August 25, 1994, August 29, 1994, January 31, 1996, May 15, 1996, and October 17, 1996, for leave to reargue the appeals and cross appeals which were determined by decision and order of this court dated February 10, 1997.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as untimely (see 22 NYCRR 670.6[a]).
FLORIO, J.P., H. MILLER, SANTUCCI and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21496
F/
ROBERT W. SCHMIDT, J.
|
2004-10345 The People, etc., plaintiff, v Michael Brown, a/k/a Christopher Spence, defendant. (Ind. No. 12079/88)
| 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 October 20, 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
M21279
K/nl
DAVID S. RITTER, J.
|
2004-08081
The People, etc., respondent, v Shane Cannon, appellant.
(Ind. No. 8640/98)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
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 August 6, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated August 6, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M21626
F/
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-05788 The People, etc., respondent, v Johannes Gonzalez, appellant. (Ind. No. 02-00957)
| 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 June 12, 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 the papers filed in opposition 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.
RITTER, J.P., LUCIANO, MASTRO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 3468
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582
Appellate Division : Second Judicial Department
M21495
F/
STEVEN W. FISHER, J.
|
2005-00196 The People, etc., plaintiff, v Darrin Johnson, defendant. (Ind. No. 3556/88)
| 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.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M21600
J/sl
|
2000-01497 The People, etc., respondent, v Jeffus Leftenant, appellant. (Ind. No. 262/98)
| 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 a judgment of the County Court, Suffolk County, rendered December 14, 1999.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 17, 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
M21318
A/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-01006 The People, etc., respondent, v Nelson Nieves, appellant. (Ind. No. 8703/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to withdraw his brief and for leave to serve and file a replacement brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 26, 2004, and cross motion by the respondent to enlarge its time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's brief is deemed withdrawn; and it is further,
ORDERED that the appellant's time to serve and file a replacement brief is enlarged until February 24, 2005, and the appellant's replacement brief must be served and filed on or before that date; and it is further,
ORDERED that cross motion is granted; and it is further,
ORDERED that the respondent's time to serve and file its brief is enlarged until April 25, 2005, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21572
PL/sl
|
2002-05252
The People, etc., respondent, v Stephen C. Noll, appellant. (Ind. No. 2621/00)
| 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 a judgment of the County Court, Suffolk County, rendered May 30, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 9, 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
M21497
F/
HOWARD MILLER, J.
|
2004-11225 The People, etc., plaintiff, v William Robinson, a/k/a Duane Winston, defendant. (Ind. No. 12186/98)
| 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 November 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M21567
C/sl
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2002-03558 The People, etc., respondent, v Hector Rodriguez, appellant. (Ind. No. 6499/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated December 30, 2004, in the above-entitled action is amended to include a direction to the clerk of the Supreme Court, Kings County, to unseal the minutes of the ex parte proceedings noted on page 353 of the minutes of the trial in the above-entitled action in order for the court reporter to make, certify and file two transcripts of the minutes, if they are available, and to file them with the Clerk of this court under seal.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21548
S/sl
ROBERT A. SPOLZINO, J.
|
2003-02642 The People, etc., respondent Torin Williams, appellant. (Ind. No. 02/122)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Rockland County, rendered March 4, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ROBERT A. SPOLZINO
Associate Justice