APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8045
S/sl
|
2003-04384 ORDER ON APPLICATION Alliant Foodservice, Inc., appellant-respondent, v Long Island Properties Corp., respondent-appellant.
(Index No. 16636/02)
|
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated April 4, 2003.
ORDERED that the application is granted and the respondent-appellant's reply brief which was submitted to the Clerk of this court on February 17, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8024
PL/sl
|
2003-00675 Robin Arato, respondent, v Peter Anthony Arato, appellant. (Index No. 11760/93)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated November 15, 2002.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on February 18, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8034
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-07061 Atkins Nutritionals, Inc., respondent, v Lexington Insurance Company, et al., defendants, Evanston Insurance Company, et al., appellants. (Index No. 02-17177)
| DECISION & ORDER ON MOTION |
Motions by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated June 27, 2003.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are granted to the extent that the appellants' time to perfect the appeals is enlarged until April 6, 2004, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date, and the motions are otherwise denied.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8039
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-07341 Came Realty, respondent, v Canadian Imperial Bank of Commerce, appellant. (Index No. 7914/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated September 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the trial on the issue of damages in the above-entitled action is stayed pending the hearing and determination of the appeal.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8022
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-03330 Donna Carvalho, appellant, et al., plaintiffs, v New York Property Insurance Underwriters Association, et al., defendants; Weg and Myers, P.C., nonparty-respondent. (Index No. 18084/99) 2003-06411 North Fork Bank, respondent, v K. George Carvalho, defendant, Donna Carvalho, appellant. (Index No. 14263/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated January 30, 2003, and July 11, 2003, respectively, for leave to prosecute the appeal from the order dated January 30, 2003, as a poor person, for assignment of counsel on that appeal, and, in effect, to reargue those branches of her prior motion which were for a copy of the transcript without charge, waiver of the filing fee, and assignment of counsel on the appeal from the order dated July 11, 2003, which were determined by decision and order on motion of this court dated September 5, 2003.
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 the leave to prosecute the appeal from the order dated January 30, 2003, on the original papers is granted, and that appeal shall 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 those branches of the motion which are for the assignment of counsel, a copy of the transcript without charge, and to waive payment of the filing fee on the appeal from the order dated January 30, 2003, are denied; and it is further,
ORDERED that the branch of the motion which is, in effect, for reargument is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the records on the appeals 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 briefs on the appeals is enlarged until April 20, 2004.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8071
E/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00909 Citibank, N.A., et al., respondents, v Peter Plagakis, etc., et al., plaintiffs, John Bouzas, et al., appellants.
(Index No. 7384/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, dated January 8, 2004, pending hearing and determination of an appeal therefrom, and cross motion by the respondent Young Chang, in effect, to dismiss the appeal on the ground that the appellants do not have standing.
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.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M 8027
O/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-09750 Richard Dinerman, appellant, v Karen Dinerman, respondent. (Index No. 27622/98)
| DECISION & ORDER ON MOTION |
Appeal by Richard Dinerman from a judgment of the Supreme Court, Queens County, dated September 15, 2003. By order to show cause dated January 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with a scheduling order dated November 25, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 25, 2003 (see 22 NYCRR 670.4[a][5]).
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7904
F/
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-11036 Eva Ferro, appellant, v William Ferro, respondent.
(Index No. 26785/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, dated October 27, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no the papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, LUCIANO, and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8029
A/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-01883 Hannah Fine, respondent, v Lawrence Fine, appellant. (Index Nos. 42/91, 7598/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, November 25, 2002, and to waive the filing fee for the motion, and cross motion by the appellant to stay all proceedings in the Supreme Court, Queens County, in connection with the plaintiff's motion to hold him in contempt of court, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to waive the filing fee for this motion is granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted to the extent that the respondent's time to serve and file a brief is enlarged until April 12, 2004, and the respondent's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8066
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-08586 First Data Merchant Services Corp., etc., respondent, v One Solution Corporation, etc., defendant third-party plaintiff-appellant, et al., defendants; First Data Merchant Services Corporation, et al., third-party defendants- respondents. (Index No. 5399/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated July 29, 2003, 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 denied.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8049
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-02592, 2003-04717
First Franklin Square Associates, LLC, plaintiff- respondent, v Franklin Square Property Account, et al., defendants-respondents, Franklin Square 2001, LLC, et al., appellants. (Index No. 2611/02) 2003-05662 Town of Hempstead, respondent-appellant, et al., plaintiff, v Franklin Realty 710, LLC, et al., appellants-respondents. (Index No. 4475/03) 2003-06709 Payless Shoesource, Inc., appellant, v Franklin Realty 710, LLC, et al., respondents. (Index No. 5036/03)
| DECISION & ORDER ON MOTION |
Motion by Duane Reade to enlarge the time for all appellants and appellants-respondents in the above-entitled actions to perfect their appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated February 6, 2003 (Appellate Division Docket No. 2003-02592), an amended order and judgment of the same court dated April 4, 2003 (Appellate Division Docket No. 2003-04717), an order of the same court entered May 20, 2003 (Appellate Division Docket No. 2003-05662), and an order of the same court entered June 4, 2003 (Appellate Division Docket No. 2003-06709).
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the time of the appellants/appellants-respondents to perfect their respective appeals is enlarged until March 8, 2004, and the joint record or joint appendix on the appeals and the appellants'/appellants-respondents' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the briefs of the respondents-appellants and the respondents, and any reply briefs, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[c]).
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8069
C/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00784 Florence Krol, respondent, v Jack Krol, appellant. (Index No. 23454/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated January 14, 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 denied.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M6749
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-10539
Lee Marrero, appellant, v City of New York, et al., respondents. (Index No. 45037/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 31, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8033
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-07929 DECISION & ORDER ON MOTION Jennifer McNally, appellant, v Posterloid Corporation, respondent. (Index No. 21795/01)
|
Motion by counsel for the respondent to admit pro hac vice Rebecca Lyn Williams, an attorney in good standing in the State of Georgia, to represent the respondent on an appeal from an order of the Supreme Court, Queens County, dated July 31, 2003.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and Rebecca Lyn Williams is admitted pro hac vice to represent the respondent.
SMITH, J.P., GOLDSTEIN, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8032
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-00699, 2003-03444 PNE Media, LLC, respondent, v Nash Estafanous, appellant. (Action No. 1) (Index No. 13338/02) Titan Outdoor, LLC, etc., respondent, v Nash Estafanous, appellant. (Action No. 2) (Index No. 10591/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated November 25, 2003, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar" as dismissed an appeal from an order of the Supreme Court, Richmond County, dated December 12, 2002, for failure to timely perfect, and to reinstate the appeal (Appellate Division Docket No. 2003-00699), to enlarge the time to perfect an appeal from an order of the same court dated April 1, 2003 (Appellate Division Docket No. 2003-03444), and to consolidate the appeals.
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 recall and vacate so much of the decision and order on motion of this court dated November 25, 2003, as dismissed the appeal from the order dated December 12, 2002 (Appellate Division Docket No. 2003-00699) is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated April 1, 2003 (Appellate Division Docket No. 2003-03444) is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order dated April 1, 2003, is enlarged until April 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied as academic.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8042
J/sl
|
2003-08305 Pablo Serrano, respondent, v Avet Coach Corp., et al., appellants. (Index No. 18240/01)
| 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, Westchester County, entered August 14, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 4, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8041
S/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
BARRY A. COZIER, JJ.
|
2004-00853 Glenn Stockwell, respondent, v Isuzu LT, defendant, C.B.F.P.T. Laundry, Inc., et al., appellants.
(Index No. 00-12414)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated January 5, 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.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8026
PL/sl
|
2003-06928 Canan Taskiran, etc., et al., respondents, v Michael Murphy, et al., appellants. (Index No. 3409/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 8, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 16, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8043
A/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-06309 Milton Thompson, appellant, v State of New York, respondent.
(Claim No. 107129)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated June 9, 2003, inter alia, for leave to reargue a prior motion for leave to prosecute the appeal as a poor person, which was determined by decision and order on motion of this court dated November 3, 2003, as amended November 6, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until April 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8047
J/sl
|
2003-06485 Timothy V. Trimble, appellant, v SAS Taxi Co., Inc., et al., respondents. (Index No. 8976/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered November 1, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 11, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7752
M/mv
|
2003-07000 In the Matter of Frederic Blanc, respondent, v Isabelle Jeanmarie Larcher, appellant. (Docket Nos. V-17565-01, V-17058-01)
| SCHEDULING ORDER |
Appeal by Isabelle Jeanmarie Larcher from an order of the Family Court, Queens County, dated July 18, 2003. 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 appeal 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 appeal is enlarged until March 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7837
M/mv
|
2003-05399, 2003-05400, 2003-05401 In the Matter of Maria Braun, respondent, v Domenick Lieto, appellant. (Docket No. F-736-02)
| SCHEDULING ORDER |
Appeals by Domenick Lieto from three orders of the Family Court, Putnam County, dated February 24, 2003, May 19, 2003, and June 5, 2003, 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 respondent's time to serve and file a brief on the appeals is enlarged until March 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7745
M/mv
|
2002-10838 In the Matter of Winston Lloyd D. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Moya K. (Anonymous), a/k/a Moya D. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Danisha Amoy C. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Moya K. (Anonymous), a/k/a Moya D. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Colton Richard D. (Anonymous). Catholic Home Bureau for Dependent Children, respondent; Moya K. (Anonymous), a/k/a Moya D. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-23324-99, B-23325-99, B-23326-99)
| SCHEDULING ORDER |
Appeal by Moya K., a/k/a Moya D. from an order of the Family Court, Kings County, dated October 8, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until March 19, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7852
M/mv
|
2003-02667, 2003-02668 In the Matter of Samuel Diaz, petitioner- respondent, v Joseline Santiago, appellant, Administration for Children's Services, respondent-respondent. (Docket Nos. V-7410-01, V-7411-01)
| SCHEDULING ORDER |
Appeals by Joseline Santiago from two orders of the Family Court, Queens County, both dated February 20, 2003. 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 appeal 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 appeal is enlarged until March 9, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8065
O/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-03093 In the Matter of Samuel E. Dixon, etc., et al., appellants, v City of New York Department of Finance, respondent. (Index No. 10705/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 6, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior decision and order on motion of this court dated December 18, 2003; and it is further,
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7772
M/mv
|
2003-03243 In the Matter of Jessica F. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-16987-98) In the Matter of Aaron C. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-16988-98) In the Matter of Ashley S. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-16989-98) In the Matter of LaPorsha S. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-16990-98) In the Matter of Brianna C. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-16991-98, N-16193-99)
In the Matter of Erica S. (Anonymous). Administration for Children's Services, et al., respondents; Ruth C. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-16992-98, N-16194-99)
| SCHEDULING ORDER |
Appeal by Ruth C. from an order of the Family Court, Queens County, dated March 12, 2003. 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 serve and file a reply brief, if any, is enlarged until March 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8030
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-11219
In the Matter of Donald J. (Anonymous), Jr. George L. E. (Anonymous), respondent; Bonnie J. A. (Anonymous), appellant. (Docket No. G-04162/03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Dutchess County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Dutchess County, dated November 19, 2003, and to grant the appellant leave to prosecute the appeal 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 the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before March 8, 2004, 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 seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before March 29, 2004, upon the submission of proper
papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7687
M/mv
|
2003-08806, 2003-08807 In the Matter of Quanel M. (Anonymous), appellant. (Docket Nos. D-09896/03, D-28030/02)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Kings County, both dated September 2, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until March 4, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7836
M/mv
|
2002-10046 In the Matter of Richard Olson, appellant, v Randi Olson, respondent. (Docket Nos. V-3753-01, V-3754-01)
| SCHEDULING ORDER |
Appeal by Richard Olson from an order of the Family Court, Suffolk County, dated October 7, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the law guardian to serve and file its brief on the appeal is enlarged until March 15, 2004.
ENTER:
James Edward Pelzer
Clerk
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
M8040
C/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2004-00658
In the Matter of Plaza Homes, LLC, petitioner, v Sonia Cole, respondent. (Index No. 51314/01)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Sonia Cole for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated August 15, 2003, which dismissed an appeal from an order of the Civil Court, Queens County, dated May 29, 2001, and affirmed an order of the same court dated November 21, 2001.
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.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8020
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-10357 In the Matter of Peter R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Proceeding No. 1) (Docket No. N-16123/01) In the Matter of Matthew R. (Anonymous). Administration for Children's Services, appellant; Stacey R. (Anonymous), et al., respondents. (Proceeding No. 2) (Docket No. N-16124/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated November 24, 2003, in effect, to continue the stay of the order dated November 24, 2003, and to continue the remand of the subject children to its care and custody, pending hearing and determination of the appeal, which was granted by a prior decision and order on motion of this court dated December 10, 2003, as amended by a decision and order on motion of this court dated January 15, 2004, on condition that the appeal was perfected by February 9, 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, the stay granted by the decision and order on motion dated December 10, 2003, as amended January 15, 2004, and the remand of the subject children to the care and custody of the appellant, pending hearing and determination of the appeal, is continued on condition that the appeal is perfected on or before March 9, 2004; and it is further,
ORDERED that on the court's own motion, the Clerk of the Family Court, Queens County, shall transfer to the Clerk of this court the copies of any and all transcripts of the proceedings in the above entitled matter which are currently on file with the Family Court, Queens County.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8057
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-07553 In the Matter of Frederick Sewell-Richards, appellant, v Judith McIntosh, respondent. (Docket Nos. V-2071-02, V-2072-02, V-2073-02)
| DECISION & ORDER ON MOTION |
Appeal by Frederick Sewell-Richards from an order of the Family Court, Westchester County, dated July 16, 2003. By order to show cause dated January 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 5, 2003, issued pursuant to 22 NYCRR 670.4(a)(5). Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, and on the court's own motion, it is
ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the order to show cause of this court dated January 8, 2004, is denied.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7683
M/mv
|
2003-04572 In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Docket No. N-642-02)
| SCHEDULING ORDER |
Appeal by Suwauney W.-W. from an order of the Family Court, Dutchess County, dated April 21, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and/or the law guardian to serve and file their briefs on the appeal is enlarged until March 12, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8021
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-05173 In the Matter of David Wissink, respondent, v Jane Wissink, appellant. (Docket No. 691/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the Family Court, Orange County, dated May 9, 2003, and application by the appellant to proceed pro se. The appellant's motion for leave to prosecute the appeal as poor person and for the assignment of counsel was granted on August 27, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Gilbert West, Esq.
174 Wickham Avenue
Middletown, New York 10904
(845) 344-01170
Upon the papers filed in support of the motion and the application, and the papers filed in relation thereto, it is
ORDERED that the motion is granted the assigned counsel is relieved of the assignment and is directed to turn over any transcripts of the proceedings in his possession and all papers on the appeal to the appellant pro se. The transcript shall be returned to this court when the appellant files her appellate brief; and it is further,
ORDERED that the appellant's status as a poor person is continued; and it is further,
ORDERED that pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), the scheduling order of this court dated September 25, 2003, in the above-entitled proceeding is amended to provide 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 the brief on the appeal is enlarged until April 5, 2004.
SMITH, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8044
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-02173
The People, etc., respondent, DECISION & ORDER v Trini Adams, appellant. (Ind. No. 516/01)
| ON MOTION |
Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Nassau County, rendered January 28, 2002, and to substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on October 22, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:
Noel Ziegler, Esq.
P.O. Box 336
Woodbury, New York 11791
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to retained counsel:
Judah Maltz, Esq.
125-10 Queens Boulevard, Suite 12
Kew Gardens, New York 11415
and it is further,
ORDERED that the appellant's poor person status is continued; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 26, 2004.
RITTER, J.P., H. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7899
M/mv
|
2002-04229 The People, etc., respondent, v Manuel Alvarenga, appellant. (Ind. No. 1447/01)
| 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 County Court, Suffolk County, rendered April 9, 2002. Pursuant to § 670.8(d) of the rules of this court (see 22 NYCRR 670.8[d]), it is
ORDERED that the application is granted, and the brief that was deposited in the office of the Clerk of this court on February 17, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7249
K/sl
THOMAS A. ADAMS, J.
|
2003-05635
The People, etc., respondent, v Vilair Fonvil, appellant. (Ind. No. 00233/01)
| 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, rendered December 11, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8023
PL/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
1999-02417 The People, etc., respondent, DECISION & ORDER v Anthony C. Libardi, appellant. (Ind. No. 256/98)
| ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated February 4, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Suffolk County, rendered February 24, 1999, to include the minutes of the proceedings which occurred before the County Court, Suffolk County, on February 12, 13, and 14, 1998, and March 24, 1998, to assist in preparation of his supplemental pro se brief.
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 as academic as the appellant pro se filed his supplemental brief on February 2, 2004.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8035
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
HOWARD MILLER
BARRY A. COZIER, JJ.
|
2003-06483
The People, etc., respondent, v William Nicosia, appellant. (Ind. No. 2614/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered July 23, 2003, to continue the stay of execution of said judgment pending hearing and determination of the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the stay of execution of the judgment granted by decision and order on motion of this court dated July 29, 2003, is continued pending hearing and determination of the appeal, on the same bail conditions set forth in this court's decision and order on motion dated July 29, 2003, on the condition that the defendant shall continue to comply with the provisions of an order of protection dated May 23, 2003, issued in the above-entitled action by the County Court, Suffolk County, and on the further condition that the appeal is perfected on or before June 22, 2004; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before June 22, 2004; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence.
ALTMAN, J.P., KRAUSMAN, H. MILLER and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk