Appellate Division: Second Judicial Department
M21784
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2004-05670 Abrams, Fensterman, Fensterman, Flowers & Eisman, respondent, v Eugene Alpern, etc., et al., appellants, et al., defendant. (Index No. 17302/03)
| 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, Nassau County, dated June 9, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 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
M21787
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2004-05766
Karen Appleby, et al., appellants, v William Douglas Evans, respondent. (Index No. 10868/97)
| 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 a judgment of the Supreme Court, Westchester County, dated May 18, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 15, 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
M21750
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2004-09831 Nancy Arrigo, respondent, v Christopher Arrigo, appellant. (Index No. 3070/01)
| DECISION & ORDER ON MOTION |
Motion by DelBello Donnellan Weingarten Tartaglia Wise & Wiederkehr, LLP, to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated September 27, 2004, and to enlarge the time for the appellant to perfect 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, with leave to renew upon proper papers including proof of service upon the appellant at his last known address and an affirmation by counsel regarding the efforts the attorney for the appellant made to locate and communicate with the appellant.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21734
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2004-08682 Mariann Berliner, respondent, v Ira Berliner, appellant. (Action No. 1) (Index No. 2357/02) Ira Berliner, appellant, v Mariann Berliner, respondent. (Action No. 2) (Index No. 6107/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated July 19, 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
M21738
O/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2005-00887 George Brooks, et al., respondents, v Kevin Bostrom, et al., appellants. (Index No. 3056/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2005.
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 on condition that the appeal is perfected on or before March 18, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 18, 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
M21742
O/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-09659 Gilberto Candray, appellant, v Frances M. Eicher, et al., respondents. (Index No. 17978/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 8, 2004, for failure to file a complete record, or, in the alternative, for leave to serve and file a supplemental record including their cross motion and 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 for leave to serve and file a supplemental record and to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that on or before March 18, 2005, the respondents shall serve and file a supplemental record containing their cross motion; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until March 18, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21756
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2004-05309
Judith Demant, et al., appellants, v Town of Oyster Bay, et al., respondents, et al., defendant. (Index No. 9396/02)
| ORDER ON APPLICATION |
Application by the respondent Town of Oyster Bay 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 May 10, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until March 22, 2005, and the movant'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
M21731
O/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-05950 Richard Feeney, respondent, v Christopher D. Dyroff, et al., appellants. (Index No. 8415/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated May 18, 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 appellants' time to perfect the appeal is enlarged until March 4, 2005, and the record or appendix on the appeal and the appellants' 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
M21746
C/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-07382 Franca Ferrera, plaintiff-respondent, v Joseph Ruisi, et al., defendants-respondents, Michael Nied, et al., appellants. (Index No. 11495/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated July 23, 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., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21777
S/sl
ROBERT W. SCHMIDT, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2005-00954 Jerry Gershner, d/b/a Gershner Realty Services, respondent, v Town of Ossining, et al., appellants, et al., defendants.
(Index No. 20678/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 5, 2005, and for a preference in the calendaring 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.
SCHMIDT, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21759
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2004-07510
Marcia Goldstein, etc., respondent, v Sandra Diamond Tucker, a/k/a Sandra Tucker, etc., et al., appellants, et al., defendants. (Index No. 31520/02)
| 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 April 29, 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
M21739
O/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-07991 Linda McDonald, plaintiff-respondent, v Greenville Shopping Center, etc., defendant third-party and second third-party plaintiff- appellant; Pantaleo Caparelli, third-party defendant-respondent; Debellis & Semmens, second third-party defendant-respondent. (Index No. 1430/01)
| 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, Westchester County, entered July 1, 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 denied.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21764
PL/sl
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2004-09780, 2004-10034 Paradise Point Association, Inc., respondent, v Mary S. Zupa, appellant. (Index No. 22401/02)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated October 27, 2004, and a judgment of the same court entered November 5, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21754
O/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-03707 Abram Sabo, etc., respondent, v Alberto Candero, appellant, et al., defendant. (Index No. 3991/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated March 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 granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 18, 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.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21735
O/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2003-05786 Barbara Samide, plaintiff-respondent, v Roman Catholic Diocese of Brooklyn, et al., appellants, John Thompson, defendant-respondent. (Index No. 16447/02)
| DECISION & ORDER ON MOTION |
Motion by appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated March 8, 2004, which determined an appeal from a judgment of the Supreme Court, Queens County, dated June 30, 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.
ADAMS, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21770
S/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2004-04620
Christopher P. Sauvigne, appellant, v Andrea Electronics Corp., respondent. (Index No. 12098/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it s
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 21, 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 s further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21809
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2004-06184 Rose Schwartz, plaintiff-respondent, v City of New York, defendant-respondent, Keyspan Energy Delivery New York, s/h/a Keyspan Energy Corporation, appellant. (Index No. 7955/01)
| ORDER ON APPLICATION |
Application by the plaintiff-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, Kings County, dated May 28, 2004.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until March 3, 2005, and the plaintiff-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
M21724
C/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-01362 Rosa Smajlaj, etc., et al., respondents, v First American Title Insurance Company of New York, appellant. (Action No. 1) (Index No. 03/006313) Scott Williams, etc., et al., respondents, v Fidelity National Title Insurance Company of New York, appellant. (Action No. 2) (Index No. 03/001421) Elizabeth Werter, etc., respondent, v Chicago Title Insurance Company, appellant. (Action No. 3) (Index No. 02/014958) John E. Lawlor, etc., respondent v National Title Insurance Company of New York, Inc., appellant. (Action No. 4) (Index No. 02/010467) Joseph Piscioneri, etc., et al., respondents, v Commonwealth Land Title Insurance Company, appellant. (Action No. 5) (Index No. 02/010764) Michael J. Scuorzo, etc., et al., respondents, v Lawyers Title Insurance Corporation, appellant. (Action No. 6) (Index No. 03/001815) Jeffrey Schwartz, etc. et al., respondents, v Stewart Title Insurance Company, appellant. (Action No. 7) (Index No. 02/018672) Adam Good, etc., respondent, v American Pioneer Title Insurance Company, appellant. (Action No. 8) (Index No. 02/010335)
| DECISION & ORDER ON MOTION |
Motion by Gerard D. Kelly, Jeffrey E. Crane, and Kevin M. Fee, attorneys in good standing in the State of Illinois, to be admitted pro hac vice to represent the appellant Stewart Title Insurance Company on an appeal from an order of the Supreme Court, Nassau County, entered January 15, 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.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21630
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2003-09067, 2004-06047 Shala Yadegar, et al., appellants-respondents, v International Food Market, defendant, Herman B. Stein, etc., respondent-appellant, Roslyn Grill, Inc., d/b/a Hamid's Diner, et al., respondents. (Index No. 9340/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss a cross appeal by defendant Herman B. Stein from a judgment of the Supreme Court, Nassau County, dated June 4, 2004, on the ground, inter alia, that he is not aggrieved by the judgment and that appellate review of the issues raised on the cross appeal is barred under the doctrine of Bray v Cox (38 NY2d 300) by reason of this court's dismissal of an appeal from an order of the same court, dated September 8, 2003. Application by the appellants-respondents to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, so much of the decision and order on motion of this court dated November 3, 2004, as dismissed the appeal by Herman B. Stein from an order of the Supreme Court, Nassau County, dated September 8, 2003 (Appellate Division Docket No. 2003-09067), is recalled and vacated, that appeal is reinstated, and Herman B. Stein shall perfect the appeal from the order on or before April 20, 2005, by serving and filing the record or appendix on the appeal and the appellant's brief on or before that date; and it is further,
ORDERED that the motion to dismiss the cross appeal by Herman B. Stein from the judgment is granted, on the ground that he is not aggrieved by the judgment, and the cross appeal is dismissed without costs or disbursements; and it is further, ORDERED that the application to enlarge the time to perfect the appeal from the judgment is granted; the appellants' time to perfect the appeal from the judgment is enlarged until March 16, 2005; and the record or appendix on that appeal and the appellants' 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
M21722
C/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-07863 In the Matter of Alexandria B. (Anonymous). Suffolk County Department of Social Services, respondent; Dina B. (Anonymous), appellant. (Docket Nos. N-427-00, N 428-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Suffolk County, dated July 13, 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 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 March 11, 2005; 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
M21757
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2004-07387
In the Matter of Ronald Coleman, appellant, v Queens County, et al., respondents. (Index No. 64/04)
| 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, Queens County, dated July 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 20, 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
M21737
O/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
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2003-04486 In the Matter of D'Agostino Brothers Enterprises, Inc., respondent, v Patrick R. Vecchio, et al., appellants. (Index No. 20929/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated August 5, 2003, which was determined by decision and order of this court dated December 6, 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., ADAMS, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21753
Y/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2003-10997 In the Matter of Calvin D. (Anonymous), appellant. (Docket No. D-16215/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated November 25, 2003, to compel A & B Typing, a court reporting service, to provide the stenographic transcripts of the proceedings which occurred on September 8, 2003, and October 22, 2003, in the above-entitled matter.
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 is granted; and it is further,
ORDERED that on or before March 14, 2005, the attorney for the appellant is directed to personally serve the court reporting service, A & B Typing, with a copy of this decision and order; and it is further,
ORDERED that on or before April 14, 2005, the court reporting service, A & B Typing, shall serve upon the attorney for the appellant copies of the transcripts of the proceedings, which occurred on September 8, 2003, and October 22, 2003, in the above-entitled matter; and it is further,
ORDERED that in the event that court reporting service, A & B Typing, 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 A & B Typing, in contempt of court, which motion shall be made in accordance with the procedures set forth in the Judiciary Law.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21751
Y/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-10167 In the Matter of Russell B. Jenkins, appellant, v Denise McKinney, respondent. (Docket No. F-14235/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to waive the filing fee on an appeal from an order of the Family County, Queens County, dated October 25, 2004.
Upon the papers filed in support of the motion and the no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21769
S/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2004-07089 In the Matter of Met Life Auto & Home, respondent, v Eileen O'Connor, appellant; Chen Chang, et al., additional-respondents. (Index No. 09039/04)
| DECISION & ORDER ON MOTION |
Appeal by Eileen O'Connor from an order of the Supreme Court, Suffolk County, dated July 7, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order directing a hearing (see Matter of Verga v Scaduto, 99 AD2d 531).
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21778
C/sl
ROBERT W. SCHMIDT, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-01302 In the Matter of Nathalia P. (Anonymous). Administration for Children's Services, appellant; Anathalia P. (Anonymous), et al., respondents; Daniel P. Moskowitz, nonparty-respondent. (Proceeding No. 1) In the Matter of Alejandro R. (Anonymous). Administration for Children's Services, appellant; Anathalia P. (Anonymous), et al., respondents; Daniel P. Moskowitz, nonparty-respondent. (Proceeding No. 2 ) (Docket Nos. N-20644-04, N 20645-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated January 28, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated January 28, 2005, is stayed pending hearing and determination of the appeal on condition that (1) the appellant assign staff attorneys who do not work in Queens County to prosecute the underlying proceedings, and (2) the appeal is perfected on or before March 23, 2005; and it is further,
ORDERED that in the event the above conditions are not complied with, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SCHMIDT, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21760
S/sl
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2004-04591
In the Matter of Pall Corp., petitioner-respondent, v Board of Assessors, County of Nassau, et al., respondents-respondents, Port Washington Union Free School District, appellant. (Index No. 400350/01)
| ORDER ON APPLICATION |
Application by the respondents-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, Nassau County, dated April 29, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until March 24, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21725
C/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-11249 In the Matter of Daniel Rincon, petitioner, v Donald Selsky, etc., et al., respondents. (Index No. 1713/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Dutchess County, dated November 18, 2004, as a poor person, to waive the filing fee, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21736
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-09874 In the Matter of Paula Venezia, deceased. Joanne Zaccaria, appellant; Edward H. Pennington, III, respondent. (File No. 2100/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a decree of the Surrogate's Court, Kings County, dated July 1, 2004, to strike the appellant's appendix on the ground that it is incomplete, and 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 strike the appellant's appendix is granted to the extent that on or before March 11, 2005, the appellant shall serve and file a supplemental appendix containing (1) the affirmation of Dimitrios Spanos dated December 23, 2003, without exhibits, (2) the affirmation of Pamala A. Elisofon dated December 24, 2003, without exhibits, and (3) the affidavit of Edward H. Pennington III dated January 21, 2004, and that branch of the motion is otherwise denied; 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; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until April 11, 2005, and the respondent'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
M21362
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-10290
In the Matter of Kevin Williams, respondent, v Loretta Bentley, appellant. (Docket Nos. V-20982/03, V-20983-03, V-20984-03)
| DECISION AND ORDER ON MOTION |
Appeal by Loretta Bentley from an order of the Family Court, Suffolk County, dated October 25, 2004. By order to show cause dated November 4, 2004, the parties of their attorneys were directed to show cause 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 September 17, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant for poor person relief and the assignment of counsel.
Now on the court's own motion, and the papers filed in opposition or relation thereto, and upon the papers filed in support of the appellant's motion, it is
ORDERED that the motion to dismiss is denied; and it is further,
ORDERED that the motion for poor person relief and the assignment of counsel 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 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:
Stanley E. Gelzins, Esq.
83 Pleasant Street
Huntington, New York 11743
(631) 271-0598
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.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21740
O/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2001-09811 The People, etc., respondent, v Reuben Avent, appellant. (Ind. No. 157/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Rockland County, rendered October 23, 2001, and for leave to prosecute the appeal pro se.
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 serve and file a supplemental brief is enlarged until April 5, 2005.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21758
S/sl
|
2003-01276
The People, etc., respondent, v Glenn Clinkscales, appellant. (Index No. 37759/99)
| 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, Richmond County, dated January 10, 2003.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21812
S/nal
PETER B. SKELOS, J.
|
2004-06406 The People, etc., respondent, v Anwar Haque, appellant. (Ind. No. 4136/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered July 21, 2004, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M21755
F/ HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-09930, 2004-05799 The People, etc., respondent, v Walter Hughley, appellant. (Ind. No. 10169/02)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 4, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to dispense with printing on appeals from two judgments of the Supreme Court, Queens County, rendered October 21, 2003, and June 22, 2004, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise 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 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, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeals, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
Robert Didio, Esq.
80-02 Kew Gardens - Third Floor
Kew Gardens, New York 11415
Appellate Division : Second Judicial Department
M21498
F/
WILLIAM F. MASTRO, J.
|
2004-11250 The People, etc., plaintiff, v Shawn Mazique, defendant. (Ind. No. 1468/99)
| 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 27, 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.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M21729
C/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-01806 The People, etc., respondent, v William Nealy, appellant. (Ind. No. 973/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 22, 2003, and for the assignment of new counsel.
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; and it is further,
ORDERED that on the court's own motion the appellant is granted leave to serve and file a supplemental brief; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceeding, 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 which the minutes are to be returned and the brief filed.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21624
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2000-03599 The People, etc., respondent, v Marvin Stewartson, appellant. (Ind. No. 2979/99)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered April 10, 2000, in effect, to relieve The Furman Law Firm as his attorney and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to relieve The Furman Law Firm is denied as unnecessary (see CPLR 321[c]); and it is further,
ORDERED that the branch of the motion which is for the assignment of counsel is granted; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Mark Diamond, Esq.
P.O. Box 287356
Yorkville Station
New York, New York 10128
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that on or before April 15, 2005, assigned counsel shall review the brief filed by the previously retained counsel and advise this court in writing whether he will adopt the brief or will file a new brief or supplemental brief; and it is further,
ORDERED that on the court's own motion, the decision and order on motion of this court dated September 22, 2004, which granted the appellant's motion for leave to serve and file a supplemental brief on the appeal is recalled and vacated, and the appellant's motion is denied without prejudice to renew after the newly-assigned counsel either (1) advises this court that he will adopt the brief or (2) files a new brief or supplemental brief; and it is further,
ORDERED that the appellant's poor person status is continued; 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.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02-A-2285
Green Haven Corr. Fac.
Box 4000
Stormville, New York 12582
Appellate Division: Second Judicial Department
M21720
A/sl
A. GAIL PRUDENTI, P.J.
BARRY A. COZIER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-00048
The People, etc., ex rel. Santos Gonzalez, petitioner, v William E. Phillips, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, in effect, to recall and vacate a decision and order on motion of this court, dated June 15, 2004, which dismissed the above-entitled proceeding, to reinstate the proceeding, and for leave to reargue a motion for leave to prosecute the proceeding as a poor person, which was determined by decision and order on motion of this court dated January 26, 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 denied.
PRUDENTI, P.J., COZIER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court