Appellate Division: Second Judicial Department
M21707
S/sl
|
2004-05210
Hector Alcantara, respondent, v City of New York, et al., appellants, et al., defendants. (Index No. 30200/96)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 10, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 16, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21686
CF/
|
2004-06048
Louis Aquilino, et al., plaintiffs-respondents, v E.W. Howell Co., Inc., defendant third- party plaintiff-appellant, et al., defendants; Island Acoustics, LLC, third-party defendant- respondent; ADT Security Systems, Inc., second third-party defendant (and a fourth-party action). (Index No. 16381/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 18, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21682
R/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00506 Astoria Caterers, Inc., respondents, v J&P 1870 Realty Corp., et al., appellants, et al., defendants.
(Index No. 44717/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Kings County, dated August 17, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the judgment dated August 17, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 21, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 21, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21717
S/sl
|
2004-07361
Joseph Bari, etc., et al., respondents, v City of New York, et al., appellants, et al., defendants. (Index No. 13594/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated August 2, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 18, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21687
CF/
|
2004-03317 Thomas Bartal, plaintiff-respondent, v 335 West 16th Street, LLC, defendant-appellant; Construction Unlimited, Inc., defendant first and second third-party plaintiff-respondent; CDA Group, Ltd., third-party defendant- respondent; Samon Construction, second third-party defendant-respondent (and another third-party action). (Index No. 7713/00)
| 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 March 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21696
S/sl
|
2004-05506
Joshua A. Becker, etc., et al., respondents-appellants, v University Physicians of Brooklyn, Inc., etc., et al., appellants-respondents, et al., defendants. (Action No. 1) (Index No. 43553/99) University Imaging Associates, P.C., respondent-appellant, v Academic Health Professionals Insurance Association, et al., defendants, University Physicians of Brooklyn, Inc., et al., appellants-respondents. (Action No. 2) (Index No. 10051/00)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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 7, 2004.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until March 31, 2005, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on their cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21665
PL/sl
|
2004-00877, 2004-02228, 2004-02229, 2004-05207 Anne Bryant, respondent, v Broadcast Music, Inc., a/k/a "BMI", et al., defendants, Griffin Bacal, et al., appellants. (Action No. 1) (Index No. 5192/00) Anne Bryant, respondent, v Sunbow Productions, Inc., appellant. (Action No. 2) (Index No. 2821/02)
| 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 four orders of the Supreme Court, Rockland County, dated December 15, 2003, December 24, 2003, January 22, 2004, and May 26, 2004, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 21, 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
M21713
S/sl
|
2004-07273
Rubia Idrees Chaudhry, appellant, v East Buffet & Restaurant, a/k/a East Bistro Café, et al., respondents. (Index No. 12167/01)
| 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 10, 2004.
ORDERED that the application is granted and the appellant's record and brief which were submitted to the Clerk of this court are accepted for filing; and it is further,
ORDERED that the respondents shall serve and file their respective briefs on or before March 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21684
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-07141 Keith Donohue, et al., appellants-respondents, v Cjam Associates, LLC, et al., respondents-appellants, GII Construction CPO, Inc., et al., respondents. (Index No. 12381/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants, CJAM Associates, LLC, and McCann Real Equities Development, LLC, on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated July 9, 2004, to correct their notice of cross appeal to accurately reflect the portions of the order that they cross-appeal from, and to enlarge the time to perfect the cross appeal. Application by the respondents GII Construction, Inc. and Pathmark Stores, Inc., to enlarge the time to serve and file their brief.
Upon the papers filed in support of the motion and application and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted (see CPLR 2001; Matter of Tagliaferri v Weder, 1 NY3d 605); on or before March 4, 2005, the respondents-appellants shall serve and file a corrected notice of cross appeal which accurately reflects the portions of the order they cross-appeal from; and it is further,
ORDERED that the respondents-appellants shall serve and file their brief, and a supplemental record containing the corrected notice of cross appeal, on or before March 14, 2005; and it is further,
ORDERED that the application is granted; all respondents shall serve and file their respective briefs on or before April 18, 2005; and it is further,
ORDERED that the appellants-respondents shall may serve and file their reply brief, if any, on or before May 23, 2005; and it is further,
ORDERED that the respondents-appellants shall serve and file a reply brief, if any, on or before June 8, 2005.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21709
CF/
|
2004-06216 Patrick A. Falco, respondent-appellant, v Verizon New York, Inc., appellant-respondent, et al., respondents. (Index No. 3377/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw the cross appeal from an order of the Supreme Court, Queens County, dated June 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21693
CF/
|
2004-06817 Kevin M. Finney, respondent, v State Farm Insurance Company, appellant. (Index No. 1544/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Putnam County, dated April 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21699
CF/
|
2004-04199 Wayne Garrison, et al., respondents, v James L. Wadleigh, et al., appellants. (Index No. 1450/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated April 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21714
S/sl
|
2004-08246
Joseph Geha, plaintiff, v 55 Orchard Street, LLC, et al., defendants third-party plaintiffs-appellants; Strong Equipment, third-party defendant-respondent. (Index No. 12311/01)
| ORDER ON APPLICATION |
Application by the appellants pursuants to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 14, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 13, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21550
O/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-10825
Rocco Giannattasio, respondent-appellant, v Han Suk Kang, et al., appellants-respondents, City of New York, respondent. (Index No. 38610/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent New York City Off Track Betting Corporation, joined by the appellant-respondent Han Suk Kang, to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated November 16, 2004, and cross motion by the respondent-appellant to dismiss the appeal by the appellant-respondent Han Suk Kang on the ground that it was not timely taken and for a preference in the calendaring of the appeal by the appellant-respondent New York City Off Track Betting Corporation and the cross 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 motion and the cross motion are denied.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21721
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-05796 Huntingdon Life Sciences, Inc, et al., respondents, v Stop Huntingdon Animal Cruelty, et al., defendants, Lauren Gazzola, appellant. (Index No. 19809/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue her motion for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered May 14, 2004, as a poor person, which was determined by decision and order on motion of this court dated November 8, 2004. Separate application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and application, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is granted; and it is further,
ORDERED that upon reargument of the motion for leave to proceed as a poor person 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 respondents' 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 filing fee is waived; and it is further,
ORDERED that the application 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 her brief on the appeal is enlarged until April 25, 2005.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21667
M/nal
|
2004-09446 Janice Jefferson, appellant, v William Jefferson, respondent. (Index No. 1713/00)
| SCHEDULING ORDER |
Appeal by Janice Jefferson from an order a of the Supreme Court, Orange County, dated August 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 3, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21706
CF/
|
2004-05504 Claire Koch, et al., appellants-respondents, v Island Sports Physical Therapy, respondent- appellant. (Index No. 2314/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21705
S/sl
|
2004-07924, 2004-08434
Anthony Maietta, etc., et al., appellants, v Paul H. Penzer, etc., et al., defendants, Raymond Reich, etc., respondent. (Index No. 46870/02)
| 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, Kings County, dated August 2, 2004, and a judgment of the same court entered September 2, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until April 29, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M21727
PL/sl
|
2004-06952 Juana Mercedes, respondent, v Wyckoff Heights Medical Center, et al., appellant. (Index No. 13590/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 11, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21703
S/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01459 Nikki Murphy, et al., respondents, v State of New York, appellant. (Claim No. 66991)
| DECISION &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 Court of Claims, dated December 8, 2003.
Upon the papers filed in support of the application and upon the consent of the appellant, it is
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 16, 2005, and the respondents' 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., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21689
CF/
|
2004-07074 New Eagle, Inc., appellant, v H.R. Neumann Associates, Inc., respondent. (Index No. 4694/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated July 1, 2004.
Upon the stipulation of the parties, dated February 8, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21708
S/sl
|
2004-06536
New York City Transit Authority, appellant, v United States Fire Insurance Company, etc., respondent (and third and fourth party actions). (Index No. 47798/99)
| 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 5, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21690
CF/
|
2004-07158 Petan, LLC, d/b/a Tri County Disposal, respondent, v Westchester County Solid Waste Commission, appellant. (Index No. 6481/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 8, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21695
S/sl
|
2004-06042
Ronald Reiss, appellant, v Stella Reiss, respondent. (Index No. 17137/03)
| 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, Westchester County, dated May 27, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 18, 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
M21691
CF/
|
2004-10478 Amber Reuben, appellant, v Michael Reuben, respondent. (Index No. 6603/00)
| 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 November 8, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21715
S/sl
|
2004-07254
SO/Bluestar, LLC, respondent-appellant v Canarsie Hotel Corp., et al., appellants-respondents, et al., defendants. (Index No. 6816/03)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 23, 2004.
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until April 18, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21701
S/sl
|
2004-07251
Teri Sayegh, appellant, v Isaac Sayegh, respondent. (Index No. 34917/89)
| 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 June 6, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21676
PL/sl
|
2004-00303 Arlene Schulman, etc., et al., appellants, v Israel Jacobowitz, etc., et al., respondents. (Index No. 19836/02)
| ORDER ON APPLICATION |
Application by the State 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 November 5, 2003. Separate application by the appellants to enlarge their time to serve and file a reply brief.
ORDERED that the applications are granted and the movants' time to serve and file a brief is enlarged until March 7, 2005, and the movants' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief shall be served and filed on or before March 29, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21702
CF/
|
2004-08380 Michael C. Scocozzo, et al., respondents, v Mercy Medical Center, et al., appellants. (Index No. 4407/01)
| 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 August 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21726
O/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-02463 Howard L. Wexler, respondent, v Barbara E. Wexler, appellant. (Index No. 505/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated June 16, 2004, (1) to compel Keith Orlarnick, a court reporter, to provide the stenographic transcripts of the proceedings which occurred on October 23, 2002, October 30, 2002, February 3, 2003, and July 9, 2003, respectively, in the above-entitled action, and (2) to enlarge the time to perfect 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 it is further,
ORDERED that on or before March 1, 2005, the attorney for the appellant is directed to personally serve the court reporter, Keith Orlarnick, with a copy of this decision and order; and it is further,
ORDERED that on or before April 4, 2005, the court reporter, Keith Orlarnick, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on October 23, 2002, October 30, 2002, February 3, 2003, and July 9, 2003, respectively, in the above-entitled action; and it is further,
ORDERED that in the event that court reporter, Keith Orlarnick, does not serve the above-noted transcripts on the attorney for the appellant within the time provided by this decision and order, the appellant may serve and file a motion to hold Keith Orlarnick in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21692
CF/
|
2005-00551 Mary Wolfe, respondent, v Long Island Power Authority, a/k/a Long Island Lighting Company, appellant. (Index No. 18290/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21700
CF/
|
2005-00738 Grace Zapata, respondent, v City of New York, et al., defendants, Sonaal Industries, Inc., appellant. (Index No. 18547/02)
| 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 November 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21668
M/nal
|
2004-05370, 2004-07986, 2004-08579 In the Matter of Christina Dominique B. (Anonymous). St. Christopher Ottilie, petitioner-respondent; Connie Renee M. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Victoria LaChristian B. (Anonymous), a/k/a Victoria B. (Anonymous). St. Christopher Ottilie, respondent; Connie Renee M. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Megan Nicole Loreen T. (Anonymous), a/k/a Megan T. (Anonymous). Administration for Children's Services, et al., petitioners- respondents; Connie Renee M. (Anonymous), a/k/a Connie Renee T. (Anonymous), a/k/a Connie M. (Anonymous), a/k/a Connie T. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. B-24131-02, B-24132-02, B-24133-02)
| SCHEDULING ORDER |
Appeals by Connie Renee M. from three orders of the Family Court, Kings County, all dated March 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 3, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial DepartmentM21723
L/
ANITA R. FLORIO, J.P.
HOWARD MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2003-06843 In the Matter of Dorothy Brennan, appellant, v Elisabeth Wallace, et al., respondents. (Index No. 20568/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from a judgment of the Supreme Court, Westchester County, entered June 25, 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 deemed withdrawn, without costs or disbursements.
FLORIO, J.P., H. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21716
S/sl
|
2004-06302 In the Matter of Albert Brunner, appellant, v William Phillips, etc., respondent. (Index No. 1634/04)
| 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 and judgment (one paper) of the Supreme Court, Dutchess County, dated June 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 31, 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
M21639
M/nal
|
2004-09670 In the Matter of Crystalee C. (Anonymous). Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent. (Proceeding No. 1 ) (Docket No. B-2740-04) In the Matter of Jylissa C. (Anonymous). Orange County Department of Social Services, appellant; Glen C. (Anonymous), respondent. (Proceeding No. 2) (Docket No. B-2741-04)
| SCHEDULING ORDER |
Appeal by Orange County Department of Social Services from an order of the Family Court, Orange County, dated September 9, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 4, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21627
M/nal
|
2004-06625 In the Matter of Eric C. (Anonymous), appellant. (Docket No. D-1177/04)
| SCHEDULING ORDER |
Appeal by Eric C. from an order of the Family Court, Orange County, dated July 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 14, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21719
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-07980
In the Matter of Claudette D. (Anonymous) et al., petitioners-respondents, v Administration for Children's Services, respondent-respondent, et al., respondent, Patrick E. (Anonymous), appellant. (Docket Nos. V-10825-03, V-10826-03, V-10827-03, V-10828-03)
| DECISION & ORDER ON MOTION |
Appeal by Patrick E. from an order of the Family Court, Kings County, dated July 16, 2004. By decision and order on motion of this court dated December 28, 2004, the appellant was granted until February 1, 2005, to renew a motion for leave to prosecute the appeal as a poor person or other wise comply with the scheduling orders dated September 28, 2004, and September 29, 2004. The appellant has failed to do so.
Now on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21528
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2004-09642
In the Matter of Melinda D. (Anonymous). Administration for Children's Services, et al., respondents; Claudia F. (Anonymous), appellant. (Docket No. N 3637/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated September 30, 2004, to grant the appellant leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that the branches of the motion which are to relieve counsel, assign new counsel, and for leave to prosecute the appeal as a poor person are granted; and it is further,
ORDERED that counsel assigned by the Family Court is relieved from representing the appellant on the appeal; 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 (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:
Alan S. Cabelly
91-30 Queens Boulevard - Suite 206
Elmhurst, New York 11373
(718) 533-1757
and it is further,
ORDERED that 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; and it is further,
ORDERED that the branch of the motion to enlarge the time to perfect the appeal is referred to the Clerk of this court pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]).
H. MILLER, J.P., COZIER, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21710
C/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-01195 In the Matter of Lisa Doria, respondent, v Joseph Doria, appellant. (Proceeding No. 1) In the Matter of Joseph Doria, appellant, v Lisa Doria, respondent. (Proceeding No. 2) (Docket No. O-13021/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of protection of the Family Court, Nassau County, dated December 13, 2004, pending hearing and determination of an appeal from an order of the same court dated January 13, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21697
CF/
|
2004-10577 In the Matter of Empire Insurance Company, appellant, v Zelig Gitelis, respondent. (Index No. 12917/04)
| 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 25, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21634
M/nal
|
2004-05374, 2004-05575 In the Matter of Tyreek F. (Anonymous), a/k/a Joseph F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Docket No. B-17617-00) In the Matter of Tylasis Maryetta F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Docket No. B-720-00)
| SCHEDULING ORDER |
Appeals by Audrey F. from two orders of the Family Court, Kings County, both dated February 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 9, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21712
CF/
|
2004-03656 In the Matter of 501 Holding Corp., appellant, v R. Lucas, etc., et al., respondents. (Index No. 9240/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21670
PL/sl
|
2004-06552 In the Matter of Michael Flournoy, appellant, v Kings County District Attorney's Office, respondent. (Index No. 7366/04
| 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, Kings County, dated May 10, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21625
M/nal
|
2004-09207 In the Matter of Edward Grassi, respondent, v Janice Grassi, appellant. (Proceeding No. 1) In the Matter of Edward Grassi, respondent, v Jan Grassi, a/k/a Janice Grassi, appellant. (Proceeding No. 2) In the Matter of Janice Grassi, appellant, v Edward Grassi, respondent. (Proceeding No. 3) (Docket Nos. V-15426-02, V-15427-02)
| SCHEDULING ORDER |
Appeal by Janice Grassi from an order of the Family Court, Nassau County, dated September 14, 2004. By decision and order on motion of this court dated February 3, 2005, the following attorney was assigned as counsel on the appeal:
Amy Colvin, Esq.
P.O. Box 2091
Halesite, New York 11743
(516) 424-8495
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 20 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated February 3, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21704
CF/
|
2004-10624 In the Matter of Janet Koehnke, etc., et al., appellants, v Seton Hall University, respondent. (Index No. 5535/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated October 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21617
M/nal
|
2005-01268 In the Matter of Vito G. L. (Anonymous), appellant. (Docket No. D-049-04)
| SCHEDULING ORDER |
Appeal by Vito G. L. from an order of the Family Court, Nassau County, dated November 30, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21557
A/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-11003, 2004-11004 In the Matter of Mary Jocelyn M. (Anonymous). Administration for Children's Services, petitioner-respondent; Geto M. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N 7531/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and for Assignment of Counsel Family Court |
Motion by counsel assigned to represent the appellant Geto M. in a proceeding before the Family Court, Kings County, in effect, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, dated July 23, 2004, and December 3, 2004, respectively, and to grant Geto M. leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing Geto M. on the appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon Geto M. on or before March 8, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further, ORDERED that the branches of the motion which are for assignment of new counsel to represent Geto M. on the appeals and for leave to prosecute the appeals as a poor person are denied with leave to Geto M. to renew on or before March 23, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief, including his affidavit setting forth his full financial situation including all assets, both real and personal, as well as any sources of income, and itemized expenses, and indicating that Geto M. is interested in pursuing the appeals.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21659
M/nal
|
2004-04669 In the Matter of Benjamin Madden, appellant, v Orange County Department of Social Services, respondent. (Docket Nos. N-2487-03, N-2489-03)
| SCHEDULING ORDER |
Appeal by Benjamin Madden from an order of the Family Court, Orange County, dated May 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 4, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21711
S/sl
|
2004-08105
In the Matter of Margaret T. McCabe, appellant, v Town of Clarkstown Board of Appeals, et al., respondents. (Index No. 2682/04)
| 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, Rockland County, dated August 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 12, 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
M21663
M/nal
|
2004-07328, 2004-07329 In the Matter of Daisy Rodriguez, appellant, v Mark Guerra, respondent. (Docket No. V-10165-01)
| SCHEDULING ORDER |
Appeals by Daisy Rodriguez from two orders of the Family Court, Queens County, dated June 30, 2004, and July 15, 2004, respectively. 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 appeal 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 March 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21683
R/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-01147 In the Matter of Michael Topp, petitioner, v Kim Marie Bologna, respondent.
(Docket No. V-04808/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to this court from an order of the Family Court, Kings County, dated January 26, 2005, and to stay enforcement of the order pending hearing and determination of 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 branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated January 26, 2005, is denied as academic.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21718
C/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-04923 In the Matter of Jo Elynn Vega, et al., appellants, v Richard Scheyer, etc., et al., respondents. (Index No. 30412/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to deem their notice of appeal from an order of the Supreme Court, Suffolk County, dated April 20, 2004, to be a premature notice of appeal from a judgment of the same court dated June 10, 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 appellants notice of appeal from the order dated April 20, 2004, is deemed to be a premature notice of appeal from the judgment dated June 10, 2004.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21660
M/nal
|
2004-00678 In the Matter of Jason Z. (Anonymous), appellant. (Docket No. D-6019-03)
| SCHEDULING ORDER |
Appeal by Jason Z. from an order of the Family Court, Orange County, dated December 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 4, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21694
S/sl
|
2003-02712
The People, etc., respondent, v Arthur Blanco, appellant.
(Ind. No. 02-00554)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered November 21, 2002.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 3, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21685
R/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-10256 The People, etc., respondent, v Kim Ragland, appellant.
(Ind. No. 132-02)
| DECISION & ORDER ON MOTION |
Motions by the appellant pro se (1) for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered April 1, 2003, as a poor person, (2) to strike the respondent's brief on the ground that it does not comply with the rules of this court, and (3) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motions and the papers filed in opposition and relation thereto, it is
ORDERED that on the court's own motion, the briefs filed by the appellant and the respondent, respectively, are stricken; and it is further,
ORDERED that the motion which is for leave to prosecute the appeal as a poor person 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, without charge (see CPL 460.70); the appellant is directed to turn over those transcripts to the respondent when the appellant serves his 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 the appellant; 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 the appellant pro se with a copy of the presentence report prepared in connection with his sentencing, including the recommendation sheet and any prior reports on him 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 the appellant pro se cites or relies upon the probation report in a brief or motion in any other way, the appellant 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; and the appellant pro se 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 the remaining motions are otherwise denied as academic.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03-A-1841
Attica Correctional Facility
Box 149
Attica, New York 14011
Appellate Division: Second Judicial Department
M21537
A/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2003-05729
The People, etc., respondent, v Paul Wellington, appellant. (Ind. No. 1123/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered June 5, 2003, to be provided with the docket/appearance sheets in the above-entitled action.
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 Clerk of this court, or his designee, is directed to serve a copy of the docket/appearance sheets in the above-entitled action on the appellant.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court