APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7912
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-05856 Akin Brown, etc., plaintiff, v Wyckoff Heights Medical Center, defendant third-party plaintiff- respondent, et al., defendants; Chang S. Lee, etc., third-party-plaintiff-appellant.
(Index No. 12165/97)
| 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 April 21, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7953
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-05964 Craig Bruno, appellant, v Louise B. Hildreth, etc., et al., respondents. (File No. 45/1953)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Queens County, dated April 11, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 19, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7805
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-02755 Chateau Rive Corp., respondent-appellant, v Enclave Development Associates, appellant- respondent. (Index No. 18807/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Westchester County, entered February 14, 2003, to enlarge the joint record on appeal by adding thereto certain documents which were part of the record on appeal in a related action entitled Riverview Partners, LP v City of Peekskill (Appellate Division Docket No. 1999-01609, 273 AD2d 455). Cross motion by the appellant-respondent for this court to take judicial notice of the record on appeal in Riverview Partners, LP v City of Peekskill, and of certain other documents, or, in the event the court declines to take judicial notice, striking the references to the subject material in the brief of the respondent-appellant, including pages 17 and 22 thereof, and to strike references at pages 30, 36, and 37 in the brief of the appellant-respondent to a certain oral ruling of the Supreme Court, Westchester County.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the cross motion which is to strike the references at pages 30, 36, and 37 in the brief of the respondent-appellant to an oral ruling of the Supreme Court, Westchester County, is granted, and on or before March 2, 2004, the respondent-appellant shall delete or remove from all of the copies of its brief which have been filed with this court;
(1) the last full paragraph of page 30,
(2) the last paragraph on page 36 beginning with "Finally, as noted above," and
(3) the first and second paragraphs of page 37; and it is further,
ORDERED that the motion and cross motion are otherwise referred to the panel of justices hearing the appeal for determination upon the argument or submission thereof.
SMITH, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7960
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-10015
Connie Cornick, et al., respondents, v Denise Jurow, et al., defendants, North Shore University Hospital at Plainview, appellant.
(Index No. 17102/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial on damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 14, 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., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7909
Y/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-10331 Maria Fava, et al., respondents, v City of New York, et al., appellants. (Index No. 13572/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated November 5, 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.
SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7902
J/sl
|
2003-06190 Nunzio Gambino, appellant, v Massachusetts Mutual Life Insurance Company, et al., respondents. (Index No. 4471/00)
| ORDER ON APPLICATION |
Applications by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Queens County, dated May 5, 2003.
ORDERED that the applications are granted and the respondents' time to serve and file their respective briefs is enlarged until March 17, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7920
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-10248, 2003-07085 Arley Gonzalez, etc., et al., respondents, v Zam Apartment Corp., et al., defendants, Stanley R. Waxman, etc., et al., appellants.
(Index No. 19189/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant Stanley R. Waxman to stay the trial in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated September 4, 2002, and May 23, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7913
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-08280 Jose Gurgitano, et al., appellants, v Pace University, defendant third-party plaintiff-respondent; ISS International Services Systems, Inc., third-party defendant-respondent.
(Index No. 348/98)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated June 17, 2003, on the ground that the notice of appeal was not timely served.
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 on condition that the appellant serve the notice of appeal on the attorneys for Pace University, the defendant third-party plaintiff-respondent, and ISS International Services Systems, Inc., the third-party defendant-respondent, on or before March 18, 2004 (see CPLR 5520[a]).
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7917
S/sl
|
2003-05674, 2003-06927 Jana Guskin, respondent, v Robert Guskin, appellant. (Index No. 201098/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, dated July 29, 2003, and an order of the same court dated July 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until March 23, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7895
S/sl
|
2002-07353 Thomas Karapati, appellant-respondent, v K.J. Rocchio, Inc., defendant third-party plaintiff respondent-appellant, Gerald Monter, et al., defendants respondents-appellants; C. M. Richey Electrical Contractors, Inc., third-party defendant-respondent. (Index No. 26549/99)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Suffolk County, dated June 24, 2002.
ORDERED that the application is granted and the respondent-appellants' shall serve and file their respective answering briefs, including their points of argument on their cross appeals, on or before February 26, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7925
J/sl
|
2003-10751 Frank Maldonado, respondent, v County of Suffolk, appellant. (Index No. 11071/93)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 18, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 3, 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
M7914
J/sl
|
2003-08215 Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 1) (Index No. 14100/94) Chase Manhattan Mortgage Corporation f/k/a Chemical Residential Mortgage Corporation f/k/a Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 2) (Index No. 48255/98) Chase Manhattan Mortgage Corporation f/k/a Chemical Residential Mortgage Corporation f/k/a Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 3) (Index No. 36925/02)
| 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, Kings County, dated April 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 10, 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
M7942
S/sl
|
2003-07259 Edward McConville, et al., appellants, v Reinauer Transportation Companies, L.P., et al., respondents. (Index No. 12942/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated July 1, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 18, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7906
S/sl
|
2003-07271 Stacey Mendes, appellant, v Lois Codianni, respondent. (Index No. 7402/02 )
| 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, Queens County, dated July 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 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
M7926
A/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-03765 Pelham Commons Joint Venture, et al., appellants, v Village of Pelham, et al., respondents. (Index No. 14836/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered March 5, 2002, which was determined by decision and order of this court dated September 22, 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., SANTUCCI, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7941
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCE E. SMITH, JJ.
|
2003-07010 Krystlylna Pik, respondent, v Sheridan Health Withdraw Appeal on Sti Care Company, et al., defendants third-party plaintiffs-appellants, et al., defendant; Wyckoff Heights Medical Center, third-party defendant- appellant.
(Index No. 23874/01)
| DECISION & ORDER ON APPLICATION pulation |
Application to withdraw appeals from an order of the Supreme Court, Kings County, dated July 2, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 30, 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7918
C/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2004-00759 Jeffrey Stuart Rosenzweig, respondent, v Carolyn Jean Singer, appellant. (Index No. 202330/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the entry of a judgment in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 21, 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.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7938
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-09576 Howard Shaw, etc., respondent, v Sonia Gardner, appellant. (Index No. 7066/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 8, 2003.
Upon the stipulation of the attorneys for the respective parties, dated January 27, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7838
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-10159, 2003-10160 Sue Smulczeski, appellant, v Richard Smulczeski, respondent. (Index No. 26989/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated October 22, 2003, and a judgment of the same court entered October 29, 2003, inter alia, to stay stated portions of the judgment 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 denied.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7923
S/sl
|
2003-06829 State Farm Insurance Company, a/s/o Stanley Sidel, appellant, v Robinson Oil Co., respondent. (Index No. 14962/02)
| 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, Westchester County, dated June 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7907
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-06824 Naureen Tanvir, respondent, v Sheikh Tanvir, appellant. (Index No. 8308/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 11, 2003, for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until March 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7910
S/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-02925
Warwick NY CVS, LLC, respondent, v Village of Warwick, et al., appellants. (Index No. 5383/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an interlocutory judgment of the Supreme Court, Orange County, dated February 5, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until April 19, 2004, and the respondent'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.
RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7921
J/sl
|
2003-07736, 2003-08757 Keith A. Zimmer, et al., respondents, v Sung Shik Choi, et al., defendants, Ricardo Corrales, et al., appellants. (Index No. 13053/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, entered July 10, 2003, and a judgment of the same court entered August 20, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until April 30, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7916
L/
|
2003-08186 Shirley Zucker, etc., plaintiff-respondent, v Montgomery Development Corporation, defendant third-party-plaintiff-respondent- appellant, Merry Go Round Enterprises, etc., defendant-appellant, et al., defendants; Federal Sprinkler Corporation, third-party-defendant appellant-respondent (and another third-party action). (Index No. 889/95)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent Federal Sprinkler Corporation, to withdraw their appeal from an order of the Supreme Court, Nassau 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 by the appellant-respondent Federal Sprinkler Corporation is granted and their appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7919
C/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-06337 In the Matter of Paul Clarke, respondent, v Gwendolyn Clarke, appellant. (Docket No. F-1389-91)
| DECISION & ORDER ON MOTION |
Appeal by Gwendolyn Clarke from an order of the Family Court, Westchester County, dated April 16, 2003. By order to show cause dated January 6, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 6, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 6, 2003 (see 22 NYCRR 670.4[a][5]).
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7937
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-03409 In the Matter of Stephen Murphy, appellants.
(Index No. 7016/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation respondent, v Town of Clarkstown, et al., |
Application to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 27, 2003.
Upon the stipulation of the attorneys for the respective parties, dated February 1, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7927
J/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2004-00332 In the Matter of New Hampshire Indemnity Company, petitioner, v Natividad Guillen, respondent. (Index No. 13784/03)
| 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 matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 26, 2003, and to stay the hearing in the above-entitled proceeding pending the hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied (see CPLR 5701; Matter of New York Presbyterian Hospital, Westchester Division, 276 AD2d 558); and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated November 26, 2003, in the above-entitled matter is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7900
C/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-06350 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 1) (Docket Nos. N-2457-99, N-2458-99) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-2461-99, N-2462-99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated October 27, 2003, which dismissed an appeal from an order of the Family Court, Suffolk County, dated June 10, 2003, pursuant to 22 NYCRR 670.4(a)(5) for failure to comply with a scheduling order of this court, to reinstate the appeal, to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated October 27, 2003, is recalled and vacated; 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 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 (see 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 appeal:
James D. Reddy, Esq.
873 South Seventh Street
Lindenhurst, New York 11757
(631) 225-2846
and it is further,
ORDERED that the assigned counsel 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.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7950
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2003-06301 In the Matter of Steven Wolff, etc., et al., appellants, v Brewster Central School District, et al., respondents.
(Index No. 513/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent Brewster Central School District on an appeal from an order of the Supreme Court, Putnam County, entered June 10, 2003, to dismiss the appeal on the ground that the appeal is barred by the doctrine of Bray v Cox (38 NY2d 350), or alternatively, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until March 19, 2004, and the respondents' brief must be served and filed on or before that date.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7930
A/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2000-11524 The People, etc., respondent, v Manuel Diaz, appellant. (Ind. No. 6256/00)
| DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered December 6, 2000.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
00-A-7133
Downstate Correctional Facility
Box F
Fishkill, NY 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7823
M/mv
WILLIAM F. MASTRO, J.
|
2004-00770 The People, etc., respondent William Miley, appellant. (Ind. No. 1636/01)
| 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, Nassau County, rendered January 15, 2004, and to fix reasonable bail.
Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is denied.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7944
C/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2001-02768 The People, etc., respondent, v William Noel, a/k/a Edward Noel, appellant. (Ind. No. 00-00025)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file an updated supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered February 2, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the supplemental brief is enlarged until April 7, 2004, and that brief must be served on or before that date.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7947
C/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2001-07603 The People, etc., respondent, v Luis Villanueva, appellant. (Ind. No. 2718/94)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 16, 2001, on the ground that the appeal was not properly perfected, or to direct the appellant to properly perfect the appeal within 30 days by providing the respondent with complete transcripts of the proceedings in the case, and to enlarge the time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Queens County, to report on whether the Supreme Court, Queens County, reviewed the plea and sentence minutes in the above-entitled action in making its determination pursuant to Correction Law article 6-C; and
the motion is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk