Appellate Division: Second Judicial Department
M21806
J/sl
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2004-06079 Aames Capital Corporation, respondent, v John Davidsohn, appellant. (Index No. 6565/97)
| 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, Suffolk County, dated May 12, 2004.
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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21849
CF/
|
2005-00003 Michael Abatangelo, respondent, v Michael Britt, Inc., defendant, Kay Zambone, etc., appellant. (Index No. 29355/99)
| 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 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M21819
CF/
|
2004-08892 All Island Equipment Corp., appellant, v Terex Corporation, et al., respondents. (Index No. 20790/03)
| 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 August 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M21786
J/sl
|
2004-10372 Malkie Ashkenazi, appellant, v Hertz Rent-A-Car, respondent. (Index No. 21759/01)
| 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, Kings County, dated August 16, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 1, 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
M21834
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-11322 Robert Binette, appellant, v Cheryl Binette-Acker, respondent. (Index No. 2213/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Dutchess County, dated November 18, 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.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21797
J/sl
|
2004-05673
Board of Managers of Mews at North Hills Condominium, respondent, v David Farajzadeh, etc., appellant, et al., defendants. (Index No. 4437/03)
| 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 December 16, 2003.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21825
S/sl
|
2004-05519
Akin Brown, etc., plaintiff, v Wyckoff Heights Medical Center, defendant third-party plaintiff-respondent, et al., defendants; Chang S. Lee, etc., third-party defendant-appellant. (Index No. 12165/97)
| 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 14, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 16, 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
M21776
J/sl
|
2004-11122 David Cambiero, et al., respondents, v St. Vincent's Hospital & Medical Center, appellant, et al., defendants (and a third-party action). (Index No. 16019/97)
| 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, Queens County, dated November 5, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 28, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21839
J/sl
|
2004-01944, 2004-10848
Chase Manhattan Mortgage Corporation, plaintiff, v Rachamin Anatian, et al., defendants, Yona Dorit Anatian, et al., defendants-respondents; Bedford Park Development Corp., intervenor respondent-appellant; Interboro Equities, LLC, et al., nonparty appellants- respondents. (Action No. 1) Chase Manhattan Mortgage Corporation, plaintiff, v Rachamin Anatian, et al., defendants, Yona Dorit Anatian, et al., respondents; David Krinsky, et al., nonparty-appellants. (Action No. 2) (Index No. 29880/98)
| ORDER ON APPLICATION |
Application by the nonparty appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 5, 2003, and an appeal from an order of the same court dated November 8, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before February 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21852
R/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-02430 Miriam A. Collymore, appellant, v Secretary of Housing and Urban Development, et al., respondents.
(Index No. 18896/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated January 12, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the record filed with the Clerk of this court is deemed to be an appendix, and certification of the appendix is waived (see 22 NYCRR 670.10.2[f]); and it is further,
ORDERED that on the court's own motion, the time of the respondents other than Lucien Zarnowski and Mid-Island Equities Corportation to serve and file their respective briefs on the appeal is enlarged until March 28, 2005, and those respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the motion is denied as academic.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21830
CF/
|
2004-09728 Albert Deckelbaum, appellant, v United Parcel Service, Inc., et al., respondents (Index No. 555/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 21, 2004.
Upon the stipulation of the parties, dated February 15, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21791
CF/
|
2004-05331 Fernande Depestre, appellant, v Antoine B. Gbedje, et al., respondents. (Index No. 2336/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland 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
M21800
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-06478 Clara Doe, respondent, v North Shore University Hospital, defendant, Michael H. Hall, appellant. (Index No. 1337/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 8, 2004, on the ground that the appellant failed to follow the rules and procedures of the Civil Appeals Management Program (see 22 NYCRR 670.4[b]). Cross motion by the appellant for the imposition of costs and an award of sanctions.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and 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
M21844
CF/
|
2004-07214 Estate of Przemyslaw Rzeszodko, respondent, v Eva M. Rossi, appellant. (Index No. 93166/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 15, 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
M21820
CF/
|
2004-09483 F. J. Smith Contracting, Inc., appellant, v Fresh Meadows Country Club, Inc., et al., respondents. (Index No. 18657/02)
| 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 September 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
M21765
PL/sl
|
2004-10446
Forest Hills Garden Corporation, appellant-respondent, v West Side Tennis Club, respondent-appellant.
(Index No. 26304/01)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross-appeal from an order of the Supreme Court, Queens County, dated October 26, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 23, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21831
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-08759 Daniel Friedenreich, et al., respondents, v Roosevelt Field Mall Management, et al., appellants. (Index No. 13073/02)
| 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 7, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21842
CF/
|
2004-07275 GJF Construction Corp., d/b/a New York City Builders Group, plaintiff-respondent, v Astoria Pines Holding Company, LLC, defendant- respondent, G.C.D.M. Ironworks, Inc., etc., defendant-appellant. (Index No. 3049/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 15, 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
M21836
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-05636 Gregory Gentile, et al., appellants, v Robert Pergament Trust, et al., respondents. (Index No. 31068/95)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Nassau County, dated September 11, 2003, to direct their trial counsel to provide them with copies of their trial exhibits, and to enlarge the time 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 branch of the motion which is to direct the appellants' trial counsel to provide them with copies of their trial exhibits is denied, without prejudice to the appellants' moving (1) to perfect the appeal without the missing trial exhibits (see 22 NYCRR 670.10.2 [6]) or (2) for a reconstruction hearing; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; the appellants' time to perfect the appeal is enlarged until May 9, 2005.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21833
R/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-11191 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant.
(Index No. 3446/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from order of the Supreme Court, Kings County, dated November 29, 2004, inter alia, to vacate the order, and application by the respondent to impose a sanction against the appellant pursuant to 22 NYCRR § 130-1.1.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied without prejudice to making a motion for the same relief (see CPLR 8022[b]).
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21863
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|
2004-07015 Patricia Donelly Gilbert, respondent, v Robert Randall Gilbert, appellant. (Index No. 38054/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated July 21, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 28, 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
M21815
S/sl
|
2004-06482
Nancy Gonzalez, et al., respondents, v Jamaica Hospital, appellant. (Index No. 20403/98)
| 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, Queens County, dated June 24, 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
M21821
CF/
|
2004-09366 Dennis Hayes, respondent, v Estee Lauder Companies, Inc., et al., appellants. (Index No. 17633/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 30, 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
M21843
O/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-01179 Wendy Heredia, plaintiff-respondent, v Mary Taylor, defendant-respondent; Zabell & Associates, LLP, nonparty-appellant. (Index No. 44191/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 27, 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.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21832
CF/
|
2004-08047 Lucille Jackle, et al., respondents, v Elrac, Inc., et al., appellants. (Index No. 2679/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 20, 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
M21840
A/sl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-09985, 2004-10874 Eulah Jones, et al., respondents, v Edward Corley, etc., et al., appellants.
(Index No. 13467/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Nassau County, entered October 22, 2004, and November 15, 2004, respectively.
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 unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21856
J/sl
|
2004-05480, 2004-07529 Eugeniusz Karwacki, et al., respondents, v Astoria Medical Anesthesia Associates, P.C., etc., et al., defendants, Carlo Cinganelli, appellant. (Index No. 45605/98)
| 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 appeals from an order and a judgment of the Supreme Court, Kings County, dated March 31, 2004, and July 1, 2004, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 14, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief must be served and filed on or before April 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21793
CF/
|
2005-00030 Melvyn Kaufman, et al., respondents-appellants, v Elizabeth Kehler, et al., appellants-respondents. (Index No. 18099/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 7, 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
M21817
S/sl
|
2004-05335
Matthew G. Kiernan, et al., respondents, v Town of Huntington, appellant, et al., defendants. (Index No. 18802/00)
| 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, Suffolk County, dated May 11, 2004.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21847
CF/
|
2004-09517 Michael LaRosa, etc., appellant, v Gary LaForest, et al., respondents. (Index No. 5247/03)
| 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 September 22, 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
M21823
S/sl
|
2004-05078
Ronald Linder, appellant, v Sanford Dranoff, etc., et al., respondents. (Index No. 12945/00)
| 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, Westchester County, dated April 16, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 1, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21860
J/sl
|
2004-08734 Elizabeth Margrabe, etc., et al., appellants, Anthony Rusciano III, etc., et al., plaintiffs, v Anthony Rusciano II, et al., defendants; Sexter & Warmflash, nonparty-respondent. (Index No. 10032/01)
| 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 September 1, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 27, 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
M21771
Y/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-02239 Latisha Martin, respondent, v Carlton Ellis, et al., appellants, et al., defendants. (Index No. 28354/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 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.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21827
CF/
|
2004-06558 Carlos Martinez, et al., respondents-appellants, v City of New York, defendant, Board of Education of the City of New York, et al., appellants-respondents. (Index No. 32571/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 19, 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
M21829
CF/
|
2004-08896 Nancy Nadj, et al., appellants, v Andrew M. Domino, et al., respondents. (Index No. 19660/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated August 11, 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
M21837
CF/
|
2004-09823 Suzan Gursoy Pacchiana, appellant, v Glenn Pacchiana, respondent. (Index No. 555/04)
| 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 September 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
M21838
CF/
|
2005-00717 Jerome Perlmutter, et al., plaintiffs-respondents, v Autotech Leasing Associates, et al., defendants, Dorothy Cheng, et al., defendants-appellants. (Index No. 47835/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 7, 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
M21779
Y/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-03543 Ryszard Pilch, respondent-appellant, v Board of Education of City of New York, et al., appellants-respondents. (Index No. 13860/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to enlarge the time to perfect an appeal from judgment of the Supreme Court, Kings County, entered March 15, 2004.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until April 8, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-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, on or before June 7, 2005 (see 22 NYCRR 670.8[c][3]).
SCHMIDT, J.P., ADAMS, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21782
Y/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-09498 Primus Automotive Financial Services, Inc., respondent, v Hye J. Lee, et al., appellants. (Index No. 11655/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 27, 2004, on the ground that the right of direct appeal therefrom terminated with the entry of a judgment of the same court entered October 20, 2004, and no appeal was taken from the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from the judgment (see CPLR 5512[a]); and it is further,
ORDERED that the motion is denied.
SCHMIDT, J.P., CRANE, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21792
S/sl
|
2004-08946 Anna Marie Rapone, et al., respondents, v Di-Gara Realty Corp., respondent-appellant, K.G.C. Landscaping, Inc., appellant-respondent. (Index No. 18781/01)
| 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 and cross appeal from an order of the Supreme Court, Suffolk County, dated July 20, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 24, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant-respondent may file a reply to the respondents' brief on or before April 11, 2005, and the respondent-appellant may file a reply to the respondents' brief and the appellant-respondent's reply brief on or before April 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21774
Y/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-04041 Rosa Rich-Wing, appellant, v Kaleel Baboolal, et al., respondents. (Index No. 11293/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents Kaleel Baboolal and Total Office Planning to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 19, 2004, insofar as asserted against them, on the ground that it was not timely taken.
Upon the papers filed in support of the motion and the papers having been filed in relation thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed insofar as asserted against the respondents Kaleel Baboolal and Total Office Planning, without costs or disbursements.
SCHMIDT, J.P., CRANE, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21845
CF/
|
2004-08348 Javier Rivera, respondent, v Crystal L. Rivera, et al., appellants. (Index No. 27046/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, entered July 23, 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
M21775
J/sl
|
2004-07618
Sonya Rossman, appellant, v Emily Pitonzo, et al., respondents. (Index No. 10309/03)
| 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 May 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 25, 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
M21763
PL/sl
|
2004-06881 S&I Property Management, LLC, plaintiff-appellant, v Montague Lee Limited Partnership, defendant third-party plaintiff-respondent, Kwang N. Park, third-party defendant-appellant, New One Realty, et al., third-party defendants-respondents (and a third-party action). (Index No. 25839/03)
| ORDER ON APPLICATION |
Application by the defendant third-party plaintiff respondent Montague Lee Limited Partnership 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 9, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until May 9, 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
M21813
Y/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2000-06129, 2005-01046 Michael Schuler, et al., plaintiffs-respondents, v Kings Plaza Shopping Center and Marina, Inc., et al., defendants third-party plaintiffs-appellants; Don Burns, d/b/a Burns Mechanical, et al., third-party defendants-respondents, et al., third- party defendants. (Index No. 23398/97)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party plaintiffs-appellants, inter alia, for leave to renew an appeal from an order of the Supreme Court, Queens County, dated May 11, 2000, which was determined by decision and order of this court dated May 28, 2002. Cross motion by third-party defendant-respondent Precision-Aire, Inc., to stay the trial of the above-entitled action pending hearing and determination of the motion for leave to renew and an appeal from an order of the same court dated January 31, 2005.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are is denied.
PRUDENTI, P.J., FLORIO, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21788
Y/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-06237, 2004-06238 Richard Carl Thoma, appellant, v Roberta Thoma, respondent. (Index No. 644/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Orange County, dated June 2, 2004, and a judgment of the same court also dated June 2, 2004, and to strike the respondent's brief on the ground that it contains or refers to matters dehors the record.
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 a stay is denied; and it is further,
ORDERED that the branch of the motion which is to strike the respondent's brief is otherwise held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
H. MILLER, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21824
CF/
|
2004-08069 Patricia Tranchina, appellant, v Jay Stephan Tranchina, respondent. (Index No. 7677/92)
| 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 July 26, 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
M21846
CF/
|
2004-08296 U.S. Dental, Inc., respondent, v McCullough, Goldberg & Staudt, LLP, appellant. (Index No. 17210/03)
| 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 August 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
M21789
CF/
|
2003-10557 Christine Valente, appellant, v Anthony Valente, respondent. (Index No. 2490/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated October 23, 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21818
S/sl
|
2004-05516
Hector Vasquez, et al., plaintiffs-respondents, v Harvey Vengroff, et al., defendants-respondents, Town of Huntington, appellant. (Index No. 13523/00)
| 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, Suffolk County, dated May 11, 2004.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21780
J/sl
|
2004-07819 Robert Yeganeh, appellant, v Supermarkets General Corp., etc., respondent. (Index No. 18243/84)
| 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 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 25, 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
M21773
M/nal
|
2005-01543 In the Matter of Camille A. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Kien A. (Anonymous), Sr., respondent-respondent; Legal Aid Society, nonparty-appellant. (Proceeding No. 1) In the Matter of Kien A. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; Kien A. (Anonymous), Sr., respondent-respondent; Legal Aid Society, nonparty-appellant. (Proceeding No. 2) In the Matter of Kyle A. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Kien A. (Anonymous), Sr., respondent-respondent; Legal Aid Society, nonparty-appellant. (Proceeding No. 3) In the Matter of Christina A. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Kien A. (Anonymous), Sr., respondent-respondent; Legal Aid Society, nonparty-appellant. (Proceeding No. 4) (Docket Nos. N-1372-04, N-1373-04 N-1374-04, N-20068-04)
| SCHEDULING ORDER |
Appeal by Legal Aid Society, the law guardian for the children from an order of the Family Court, Suffolk County, dated January 14, 2005. 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21745
M/nal
|
2005-01443 In the Matter of Leonard D. B. (Anonymous), appellant. (Docket No. D-13715-04)
| SCHEDULING ORDER |
Appeal by Leonard D. B. from an order of the Family Court, Nassau County, dated January 12, 2005. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21803
CF/
|
2004-09849
In the Matter of Bridgeview Garden Apartments LLC, appellant, v New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 8157/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Richmond County, dated September 9, 2004.
Upon the stipulation of the parties, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21799
CF/
|
2004-09850
In the Matter of Bridgeview Garden Apartments LLC, appellant, v New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 8158/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Richmond County, dated September 9, 2004.
Upon the stipulation of the parties, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21795
CF/
|
2004-09851
In the Matter of Bridgeview Garden Apartments LLC, appellant, v New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 8173/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Richmond County, dated September 9, 2004.
Upon the stipulation of the parties, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21798
CF/
|
2004-09852
In the Matter of Bridgeview Garden Apartments LLC, appellant, v New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 8174/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Richmond County, dated September 9, 2004.
Upon the stipulation of the parties, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department M21157
L/
|
In the Matter of the Dismissal of Causes for Failure to Perfect - Di February 2005 Calendar
| DECISION & ORDER ON MOTION smissal for Failure to timely Perfect |
The appellants or petitioners in the following named causes have failed to perfect their respective appeals or proceedings within the time limitations specified in subdivision (e) of sections 670.8 of the rules of this court (22 NYCRR 670.8[e]). The titles of the matters appeared on a dismissal calendar published in the New York Law Journal, and the appellants or petitioners failed to make applications to enlarge the time to perfect within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h) it is,
ORDERED that the following named causes are dismissed.
Docket No.Title
2002-04083Roslyn Saving Bank v Kline
2003-05115Naber Electric Corporation v Board of Education of City of Yonkers
2003-05117Richards Conditioning Corporation v Bd of Education, City of Yonkers
2003-06970Matter of Tuohy v New York State Department of Parole
2003-07621Stevenson v Lazzari
2003-09256Olivieri v White Rose Food Co.
2003-09301Matter of Ortiz v Phillips
2003-11235Gomez v Rivers
2004-00108Garson Brothers Armonk, LLC v Gorki
2004-00140Perdoncin v Barnett
2004-00226Lopez v State of New York
2004-00585Jaffe v Rauhila
2004-00699Brilliant v Kornblum
2004-00711Wade v First Union National Bank
2004-00732Cruz v Cruz
2004-00905Valerio v Dupont Associates, Inc.
2004-00955King v Airport Group, Inc.
2004-01169Cannata v Leisure Glen Homeowners Association, Inc.
2004-01868Rigo v Levy
2004-02058Demas v Demas
2004-02111Bank of America, NA v Tobin
2004-02120Matter of Rapid Demolition Container Services, Inc. v Maldonado
2004-02404Dembitzer v Dembitzer
2004-02633Qualben v Aiello
2004-02674Francois v Beltran
2004-02998Chadderton v Galia
2004-03106Matheson v Davies
2004-03110Small v Prest-O-Sales and Service, Inc.
2004-03284Kamlet v City of New York
2004-03293Matter of Crescent Contracting Corp. v Metropolitan Transportation Au
2004-03492Joon v Midnight Gambler
2004-03539Whitty v Best Metropolitan Towel & Linen Supply Co., Inc.
2004-03584Matter of de la Parra v Cazzetta
2004-03630Reid v Karacsony
2004-03642Affordable Housing Group N.Y., Inc. v Elmbay Realty Company
2004-03676Swink v Harrison
2004-03713R. Fridenberger & Sons, Inc. v Friedman
2004-03752Delloro v Looking Glass Associates, LLP
2004-03755DeJesus v Keren Limited Partnership
2004-03815Matter of Smith v Westchester County Health Care Corporation
2004-03888Indymac Bank, F.S.B. v Kinball
2004-03894Mortgage Electronic Registration Systems, Inc. v Mattei
2004-03908Tumino v Adams
2004-03913Almeida Oil Company, Inc. v Singer Holding Corporation
2004-03976Matter of Cruz v Travis
2004-04063Lemus v New York City Housing Authority
2004-04163Matter of Suffolk County Dept. of Soc. Servs o/b/o/Marzocco v Marzocco
2004-04165Matter of Suffolk County Dept. of Soc. Serv. o/b/o Marzocco v Marzocco
2004-04211Steiert v Ambles
2004-04350Morano v Jeraci Food Distribution, Inc.
2004-04390Palman v Palman
2004-04391Pacifico v Franck
2004-04396Schwartz v Taconic in The Berkshires, Inc. d/b/a Camp Taconic
2004-04421Beauford v Beauford
2004-04480Martin v Arbel
2004-04560Nab Construction Corporation v Francis A. Lee Company
2004-04562Sardelli v DeCostanza, M.D.
2004-04571Mayzun v Smith
2004-04654Matter of B., Joshua; Administration for Children's Services
2004-04682Waknine v Budget Rent-A-Car Corp.
2004-04686Archer v Crawford
2004-04829Friedlander v Ramos
2004-04872Colucci v Colucci
2004-04960Lelekakis v Kamamis
2004-04964Cordoves v Cordoves
2004-04966Hoepelman v Hoepelman
2004-04967Fortune v State of New York
2004-04969Fortune v State of New York
2004-04976Aviles v Zaman
2004-04982LaCorte Companies, Inc. v State of New York
2004-04990Urrea v Hui
2004-04994Matter of Town of Riverhead v Long Island Power Authority
2004-05001Singh v Great Atlantic & Pacific Tea Company, Inc.
2004-05003Vergeli v Sterling Optical Corp.
2004-05005Durchhalter v Durchhalter
2004-05007Matter of Town of Riverhead v Long Island Power Authority
2004-05011Caplan v Tofel
2004-05010Becker v Woods
2004-05012Matter of Lupoli v Lupoli
2004-05013Delloro v Looking Glass Associates, LLP
2004-05016Wells Fargo Home Mortgage, Inc. v Disla
2004-05017Matter of Lupoli v Lupoli
2004-05046Reyes v Ladriye
2004-05047Novick v Town of Smithtown
2004-05049Matter of Hawryluk v Town of Huntington Zoning Board of Appeals
2004-05062Nigri v Stachecki
2004-05074Count v Cummins
2004-05079Sheldrake River Realty, Inc. v Nicolais
2004-05086Conroy v 2530 VBSI Rest. d/b/a Café Del Mondo
2004-05093Matos v Rachis
2004-05095Gonzalez v Avis Rent A Car
2004-05100Castro v Marquez
2004-05102Green v New York City Department of Corrections
2004-05103Stewart v Romero
2004-05109Borja v Curatolo
2004-05117Levitin v A.R.B. Management Services, Inc.
2004-05119Espinal v Ossining Union Free School District
2004-05122McDonough v Warner
2004-05123McDonough v Warner
2004-05133Williams v Skopicki
2004-05135McNeil v Brooklyn Hospital Center
2004-05156V&W Realty v Sieber
2004-05157Abraham v Cuevas
2004-05159Howard v Services for the Underserved, Inc.
2004-05160Curtis v Smith
2004-05161NYCTL 1997-1 Trust v Vila
2004-05163Clifford v Tropicana Resort & Casino
2004-05176Connolly v Vertical Lend, Inc.
2004-05194Alexander Avenue Kosher Restaurant Corporation v Dragoon
2004-05195Holomshek v Baum
2004-05203Sanabria v State University of New York Downstate Medical Center
2004-05205Bello v Bello
2004-05206Breur v Meyers
2004-05208Nisi v St. John's Episcopal Hospital
2004-05228Holmes v Alterman
2004-05239Matter of Cardozo v Holden
2004-05246Raney v Raney
2004-05249Family Cycle Corporation v Kalderon
2004-05258Giese v Giese
2004-05267Hirschfeld v Teller
2004-05270Hirschfeld v Teller
2004-05273Stonebridge Distribution, Inc. v Fiorentino
2004-05277Rivera v Goldfarb
2004-05280Ford Motor Credit Company v RIT Auto Leasing Group, Inc.
2004-05283New Angle Pet Products, Inc. v macke International Trade, Inc.
2004-05292Keen v Goldstein
2004-05296Citicorp Vendor Finance, Inc. v New Model NY, Inc.
2004-05320White v Cubbin
2004-05323Rimland v Waxman
2004-05329Edmonds v Gallo
2004-05337Velez v Tuckahoe Development, LLC
2004-05346Abdale v Nadler
2004-05352Questech Financial, LLC v Gianopoulos
2004-05362Branch v North Shore-Long Island Jewish Health System, Inc.
2004-05384Hogan v Engo
2004-05386Williams v Church of The Transfiguration
2004-05389Mora v Lee
2004-05390Duverge v Manners
2004-05391Archer v Wall Street Bath & Health Club, Inc.
2004-05392Palomino v Western Queens Health Associates
2004-05399Mount Moriah Baptist Church of Springfield Gardens, Inc. v Woody
2004-05402Matter of State Farm Mutual Insurance Company v Castillo
2004-05417Matter of Brightman v Brightman
2004-05436Garcia v Torres
2004-05451Cruz v City of New York
2004-05456Tillery v Anderson
2004-05460Matter of B, Valerie (Anonymous); Commissioner of New York State Offic
2004-05461Webb-Thompson v GLP Realty Services, Inc.
2004-05462Winters v Miller
2004-05463ABN AMRO Mortgage Group, Inc. v Marcelin
2004-05471Bianchini v Cohn
2004-05473State Wide Insurance Co. v Fordyce
2004-05474Benzaken v Benzaken
2004-05482Krzyanowski v Eveready Insurance Company
2004-05486Remennik v Bargain Hunters
2004-05492Betts v Melqueides, f/b/a Franklyn Grocery
2004-05494Balas v Shatzkamer
2004-05511Guldi v Mak
2004-05527Piazza v Esposito
2004-05529Cass v Continental Casualty Company
2004-05532Little Scoops, Inc. v Half Pints Party Shoppe, Inc.
2004-05533Little Scoops, Inc. v Half Pints Party Shoppe, Inc.
2004-05534Little Scoops, Inc. v Half Pints Party Shoppe, Inc.
2004-05535CDJ Construction Corporation v A&E Realty Inc.
2004-05536Naraine v Jackson
2004-05546Jones v Mauro
2004-05550Spearman v Staten Island Medical Group
2004-05562Matter of Teja v Assessor of the Town of Greenburgh
2004-05561"Doe" v Metzger
2004-05567Rucker v Sayegh
2004-05571Braten v Braten
2004-05578Raja v New York City Health & Hospitals Corporation
2004-05587Banome v Ceduna Cab Corp.
2004-05589Dorcean v City of New York
2004-05592Connelly v Moreno
2004-05594Carrasco v Sacramone
2004-05598Alexander v Lebron
2004-05602Carlo v Carlo
2004-05620Kassem v State of New York
2004-05623Williamson v State of New York
2004-05626Matter of Caporusso Contracting Corp. v Martinez
2004-05648Symons v Morton Village Realty Company, Inc.
2004-05650Allen v Kandel
2004-05654The Roslyn Savings Bank v Yeshiva & Mesivta Toras Chaim of Greater NY
2004-05656Matter of Rieco Properties, Inc. v Town of Hempstead
2004-05657Goodman & Goodman v Kay
2004-05658Fuoco v Ortega
2004-05661Lara v Paz
2004-05664Kagan v Farber
2004-05666Cohen v City of Long Beach
2004-05674Matter of Goldberg & Connolly v Freedom, N.Y., Inc.
2004-05675Zitay v Goldman
2004-05677Lerner v Henry Modell & Company, Inc.
2004-05692Sterngass v Town Board of the Town of Clarkstown
2004-05700Toy v Toy
2004-05704Catalano v Smith
2004-05709Fireman's Fund Insurance Company v Farrell
2004-05710Ippolito v Elias Properties Babylon, LLC
2004-05732Kearns v Kearns
2004-05734Matter of Hughes v Goord
2004-05735Sloley v Lawrence
2004-05756Chapman/Leonard Studio Equipment, Inc. v Eyes of Mohr, Ltd.
2004-05761Wisne v Village of Larchmont
2004-05768Imperia v Golf Club of Purchase, Inc., f/k/a Country Club of Purchase,
2004-05770Prime Time Holdings, LLC v U.S. Alliance Federal Credit Union
2004-05804Matter of Atlantic Mutual Insurance Company v Estate of Boh Traore
2004-05805Matter of Burke v Town of Islip
2004-05810Sausa v Weichselbaum
2004-05814Realty Equity Holdings 3820, LLC v PJ Alizio Realty Inc.
2004-05818Pesochinskay v Friedman
2004-05819Polgar v Shutzman
2004-05823Cooper v Lizarazo
2004-05824Nazamy v Napoli
2004-05826Shelton v Stop & Shop Companies, Inc., d/b/a Stop & Shop
2004-05832Shiuharain v New York City Transit Authority
2004-05834Matter of Davydov v Martinez
2004-05838Holubar v County of Nassau
2004-05839Kalb v Liberty Mutual Insurance Company
2004-05842Mancia v Green
2004-05843Hospital for Joint Diseases, a/a/o Storch v Chubb Group of Insurance
2004-05844Newson v Incorporated Village of Hempstead
2004-05849Mazza v Seneca
2004-05850Sieger v Sieger
2004-05851Everett v 500 West 190 Associates, LLC
2004-05852Ghanie v New York City Transit Authority
2004-05853Smith v Fruhling
2004-05861Madden v City of New York
2004-05862Biegel v Gangemi
2004-05864Joseph v City of New York
2004-05868Estate of Fred Lee Lewis v Simpson
2004-05871Jian Man Liu v Kwok Chung Ng
2004-05876Sweeney v City of New York
2004-05875Romano v The Dormitory Authority of State of New York
2004-05885Rivera v Solomon
2004-05886Mohamed v Woo
2004-05889Matter of Estate of Rubin Dinzey, Deceased; Edwards; Dowling
2004-05904Rosenthal v Esquivel
2004-05905Rosenblat v Good Samaritan Hospital
2004-05916Gatzonis v Bekas
2004-05922Lighty v State of New York
2004-05928Schreiner v Hansen
2004-05932Alliance Funding Company v Taboada
2004-05941Bachurski v Polish & Slavic Federal Credit Union
2004-05944Baggott v Chupka
2004-05948Rosen v Watermill Development Corporation
2004-05954Ayers v Ayers
2004-05969Menashi v Menashi
2004-05971Benedict v Whitman Breed Abbott & Morgan
2004-05972McQuay v Ford Motor Credit Company
2004-05975Levine v Levine
2004-05977Bastys v Wells
2004-05979Matter of Mazzilli v Mayor Philip Amicone
2004-05984Roseingrave v Sunshine
2004-05988Kirshon v Kirshon
2004-05991Calcedo Construction Corp. v New York City School Construction Auth.
2004-05992Sagam v Bacheu
2004-05993Matter of New York Central Mutual Fire Insurance Company v Feraud
2004-05997J&J Construction & Development Co., Inc. v 84th Street Builders, Inc.
2004-05998Lee v Global Medical Physician, P.C.
2004-06009Romanelli v Romanelli
2004-06010Aguilar v Jonah's Broadway Discount, Inc.
2004-06011Matter of Casalino Demolition Corporation v Martinez
2004-06013Engel v Forest Hills Gardens Corporation
2004-06015Zone v Zone
2004-06017Mazur v ADR Construction Corporation
2004-06025Santos v Dollar Rent A Car Systems, Inc.
2004-06037Basciano v City University of New York
2004-06039Frank Schettini Realty, Inc. v State of New York
2004-06052Thomas v Cathedral Fourth Development Corporation
2004-06055Matter of Bellmore-Merrick Central Sch. Dist. v Nationwide Mut.Ins. Co
2004-06056Curcio v Lloyd Point Indoor Tennis Club, Inc.
2004-06065Weisinger v Weisinger
2004-06067Weisinger v Weisinger
2004-06066Dresch v Dresch
2004-06074Brickman v Brickman Estate at the Point, Inc.
2004-06075Luvin Construction Corp. v Locust Valley Fire District
2004-06098Matter of Boardman v Town of New Windsor
2004-06099Tierney v Drago
2004-06117Lewis v Lewis
2004-06120Matter of Pryschlak v Town of Kent Zoning Board of Appeals
2004-06122Rockland Properties One Corporation v Kaufman
2004-06123Blair v St. Francis Health Care Foundation, Inc.
2004-06128Ballas v Sigismonti
2004-06137King v Robinson
2004-06138Madatova v Madatova
2004-06140Allen v Brighten Bus Service, Inc.
2004-06145Allen v New York City Housing Authority
2004-06146Bennett v Gross
2004-06148Zavelin v Greenberg
2004-06153Ocasio v Royal Insurance Company of America
2004-06156Assraf v Aurbach
2004-06159Russo v City of New York
2004-06160Garcia-Crocker v Berke
2004-06162Vespi v Spraus
2004-06163Dowd v Contreras
2004-06170White v Carroll
2004-06179Romano v HSBC USA
2004-06181Amalfitano v Sprint Corporation
2004-06186Concepcion v Cordewell
2004-06185Corley v Delince
2004-06207Tchebotarev v Pamelene Transportation Corporation
2004-06211Hyder v Falkenthal
2004-06212Ott v Steingart Woodcrafters, Inc.
2004-06223Terranova v Arizona Transport, Inc.
2004-06224Crossfield v Flaim
2004-06234McKay v Milton
2004-06235Stewart v Pinks
2004-06239Matter of Oak Street Management, Inc.; Jacobowitz, Gerald N.
2004-06241Uvaydova v Jupiter Court Corp.
2004-06245Williams v Church of The Transfiguration
2004-06258Catholic Medical Center of Brooklyn & Queens v Five Boro Roofing & She
2004-06261Macri v Salesians of St. John Bosco
2004-06263Silberzweig v Carr
2004-06266Pocantico Home & Land Company, LLC v Union Free School District of the
2004-06272Kantor v Kantor
2004-06294Goussis v Farmers & Traders Life Insurance Co.
2004-06324Riverside Capital Advisors, Inc. v First Secured Capital Corporation
2004-06325Media Arts Group, Inc. v Rhino International, Inc.
2004-06327Kihl v Pfeffer
2004-06331Calandro v Boston Chicken, Inc.
2004-06332Fairman v Fairman
2004-06335Winters v Walpole
2004-06338Quinn v Farrell
2004-06339Carni v McDermott
2004-06342O'Connor v Ferrara
2004-06343Dinner v Merrick
2004-06346Musacchia v Pawlowski
2004-06352Tagliarino v Tagliarino
2004-06384Matter of State Farm Insurance Company v Donegal Companies
2004-06387Matter of F., Kary; Pilgrim Psychiatric Center Hospital
2004-06388Heritage Co. v Addei
2004-06390Anzalone v Schmid
2004-06393Matter of Carbajal v Hartford Insurance
2004-06420Puglisi v Pulisi
2004-06421Romano v Romano
2004-06426Matter of Rivera v Goord
2004-06429A.C.T.L. Contracting Corp. v Trombettas
2004-06430A.C.T.L. Contracting Corp. v Trombettas
2004-06431Matter of Trombettas v Morfogen
2004-06432Zack v Tanzer
2004-06435Pole v Morici
2004-06437Matter of Brown v Little League, Inc.
2004-06455Engel v Forest Hills Gardens Corporation
2004-06460Sahm v Friedman
2004-06463Akulin v Columbia
2004-06464Brites v Foxridge Associates, LLC.
2004-06466Matter of Venigalla v Nori
2004-06472Hatzioannides v City of New York
2004-06484Brandes v North Shore University Hospital
2004-06486Gonzalez v Hoo
2004-06488Perez v Perez
2004-06492Liberty Mutual Insurance Company v Parallel Management
2004-06496Weithorn v Weithorn
2004-06509Cohen v Perez
2004-06510Dolce v Oceanside School District
2004-06515Friedman v Belle Harbor Washington Hotel, Inc.
2004-06521Perkowski v N.J. Telecom Exchange Acquisition, LLC
2004-06527Noseworthy v Gutierrez
2004-06533Spiers v Ferguson
2004-06535Pollick v City of New York
2004-06543Matter of Hereford Insurance Company; Yu
2004-06544Lemus v New York City Housing Authority
2004-06545Salas v Scientific Compactor, Inc.
2004-06546Borofsky v Hebrew Educational Society, Inc.
2004-06549Matter of Nationwide Mutual Insurance Company v Onorato
2004-06557Aponte v City of New York
2004-06556Glanville v Lets Care Again Daycare Inc.
2004-06565Mari v Mari
2004-06580Santo v Santo
2004-06581Sardelli v Saint Anthony's High School
2004-06583Hinkson v Daughtry-Hinkson
2004-06588Sieger v Sieger
2004-06602Stanley v The Great Atlantic & Pacific Tea Company
2004-06604Matter of G.A.C.C. Mail Inc., n/k/a LTM Realty LLC v Zoning Board of A
2004-06606Risi v Greenlee
2004-06608Matter of Wallkill Cemetery Association, Inc. v Town of Wallkill
2004-06616Matter of C., Theodore; N., Chelsea; Administration For Children's Ser
2004-06618Novick v DeRosa
2004-06620Boyle v County of Suffolk
2004-06650Hwang v Hwang
2004-06652Diaz v Weg
2004-06655Miller v Big T. Services, Inc.
2004-06656Universal Express, Inc. v McKinnon
2004-06663Tsamutalis v Dormitory Authority of State of New York
2004-06665Queens, LLC v Grinblatt
2004-06667Lee v Global Medical Physician, P.C.
2004-06669Reaves v New York City Housing Authority
2004-06684ITM Enterprises, Inc. v Bank of New York
2004-06691Bank of New York v Robotham
2004-06701Hattendorf v State of New York
2004-06702Davis v Home Depot U.S.A., Inc.
2004-06723Chase Manhattan Bank, USA, N.A. v Durand
2004-06729LoBascio v Gross
2004-06734Hodges v Hodges
2004-06735Papa v Vigliotti Landscaping Service Center
2004-06743Clemens v Clemens
2004-06753Campanaro v Campanaro
2004-06754Catania v Catania
2004-06755EPPCO, a Ferguson Enterprise v American Shoring, Inc.
2004-06773Deane v Village of Mount Kisco
2004-06787Smith v Smith
2004-06796Resort HRF v Ocean Garden Nursing Facility, Inc.
2004-06799Manganiellio v Oberlander
2004-06801Scollan v Werner
2004-06809Benjamin v State of New York
2004-06810Correa v State of New York
2004-06837Dexter v Salvia
2004-06867Nurse v Bozzone
2004-06872Walsh v City of New York
2004-06877Nagle v Yonkers Contracting Company, Inc.
2004-06920Hinkson v Hinkson
2004-06921Salas v Scientific Compactor, Inc.
2004-06935Mondel v Wu
2004-06943Modica v Chan
2004-06951Assing v George
2004-06972Brown v Keratsos
2004-06984Osiashvili v City of New York
2004-06988Manakhimova v Hafif
2004-06990Public Administrator of Kings County v Yeshiva of Central Queens
2004-07008NYCLT 1997-1 Trust v Bonhomme
2004-07012Hussain v Liedtka Trucking, Inc.
2004-07013Kornagay v The May Department Stores Company d/b/a David's Bridal
2004-07014Lichtenstein v Fantastic Merchandise Corp.
2004-07027Frith v Hornung
2004-07079Leuzzi v Roussis
2004-07101Chadwick v Gabel
2004-07146Frank v Russo
2004-07187Raggo v Grossman
2004-07233Incorporated Village of Hempstead v Jamroc Café, Inc.
2004-07419Matter of Hakim-Zaki, f/k/a Brown v New York State Division of Parole
2004-07516Tsekanovskaya v City of New York
2004-07590Adam v Village of Piermont
2004-08116Rodriguez v State of New York
2004-08231Siegfried v Siegfried
2004-08369People of the State of New York ex rel Prittler v Fisher
2004-08389Zacharski v 42nd Street Development Project, Inc.
2004-09075Matter of Allen v State of New York Division of Parole
2004-03806Fuller v Bjerka
2004-09637Brandes v North Shore University Hospital
2004-04472Ryan v Prime Time Transportation, Inc.
2004-09970Matter of Pochat v New York City Department of Housing Preservation &
2004-04307Facey v Tina and Kay Estates Inc.
2004-04554Dobin v Lincoln Triangle Partners, LP
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21826
CF/
|
2005-00145 In the Matter of Demetrius G. (Anonymous). Administration for Children's Services, respondent; Sherman Graham, appellant. (Docket No. N-15695-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated December 1, 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
M21828
CF/
|
2004-06334 In the Matter of Joseph J. Filardi, P.C., respondent, v New York State Department of Health, Office of Professional Medical Conduct, appellant. (Index No. 4941/04)
| 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 June 4, 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
M21857
A/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-07872 In the Matter of Enrique P. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Laydia S. (Anonymous), appellant, Michael S. (Anonymous), respondent-respondent, et al., respondents. (Proceeding No. 1)
In the Matter of Alexa P. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Laydia S. (Anonymous), appellant, Michael S. (Anonymous), respondent-respondent, et al., respondents. (Proceeding No. 2) In the Matter of Fantaysia L. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Laydia S. (Anonymous), appellant, Michael S. (Anonymous), respondent-respondent, et al., respondents. (Proceeding No. 3) (Docket Nos. N-11934-03, N-11935-03, N-11936-03, N-32361-03, N 32362-03, N 32363-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief And to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 12, 2004, as a poor person, for the assignment of counsel, 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 or relation thereto, it is
ORDERED that the motion is denied (see Family Court Act 262[a]).
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21744
M/nal
|
2005-01426, 2005-01428 In the Matter of Nasheem P. (Anonymous), appellant. (Docket No. D-36314-04)
| SCHEDULING ORDER |
Appeals by Nasheem P. from two orders of the Family Court, Kings County, both dated February 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals 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 appeals; 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 appeals; 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 appeals to show cause why the appeals should or should not be dismissed.
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
M21854
PL/sl
|
2004-05077 In the Matter of Christopher Pierro, respondent, v Michael William O'Connor, et al., appellants. (Index No. 5035/03)
| DECISION AND ORDER ON MOTION |
ORDERED that the order on application of this court dated January 25, 2005, in the above-entitled matter is amended by deleting from the decretal paragraph the words "February 26, 2005", and substituting therefor the words "February 28, 2005 ".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21761
J/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2003-08071, 2003-09719 In the Matter of Miral Plovnick, respondent, v Avi Klinger, appellant. (Docket No. V-03614/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Nassau County, dated August 6, 2003, and October 1, 2003, respectively, to enlarge the time to comply with a decision and order on motion of this court dated October 25, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that in light of the following, the motion to enlarge the time to comply with the decision and order of this court dated October 25, 2004, is denied as unnecessary; and it is further,
ORDERED that on the court's own motion, the decision and order on motion of this court dated October 25, 2004, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent on appeals from two orders of the Family Court, Nassau County, dated August 6, 2003, and October 1, 2003, respectively, inter alia, to strike stated portions of the appellant's brief and appendix on the ground that they refer to or contain matter dehors the record, cross motion by the appellant for leave to serve and file a supplemental appendix and brief, and motion by the respondent for the imposition of a sanction, and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the first motion which is to strike pages A665-A690 from the appendix on the appeal are granted, and on or before March 14, 2005, the appellant shall remove the stricken material from all copies of the appendix on file in the office of the Clerk of this court or serve and file an appendix that does not contain the stricken material; and it is further,
ORDERED that the branch of the first motion which is to strike portions of the brief is denied as unnecessary in light of the letters dated October 5, 2004, and October 6, 2004, from the appellant withdrawing Points I, II, III, IV, and VI of his brief; and it is further,
ORDERED that the first motion is otherwise denied; and it is further,
ORDERED that the cross motion and the second motion are denied; and it is further,
ORDERED that on the court's own motion, the time of the respondent to serve and file a brief is enlarged until April 4, 2005, and the respondent's brief and must be served and filed on or before that date.
FLORIO, J.P., COZIER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21772
M/nal
|
2005-01540, 2005-01541 In the Matter of Jennifer R. (Anonymous). Administration for Children's Services, petitioner-respondent; Steven R. (Anonymous), appellant et al., respondent. (Proceeding No. 1 ) In the Matter of Steven R. (Anonymous). Administration for Children's Services, petitioner-respondent; Steven R. (Anonymous), appellant et al., respondent. (Proceeding No. 2 ) (Docket Nos. B-11328-03, B-11329-03 B-11334-03, B-11335-03)
| SCHEDULING ORDER |
Appeals by the father, Steven R. from two orders of the Family Court, Suffolk County, dated August 18, 2004, and January 31, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals 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 of the Family Court proceedings to be transcribed for the appeals; 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeals to show cause why the appeals should or should not be dismissed.
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
M21767
M/nal
|
2005-01485 In the Matter of Flor Elena Rospigliosi, appellant, v Luis Abbate, respondent. (Docket No. F-06133/02)
| SCHEDULING ORDER |
Appeal by Flor Elena Rospigliosi from an order of the Family Court, Queens County, dated January 6, 2005. 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 of the Family Court proceedings 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 and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M21811
A/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-06392 In the Matter of Kristy H.T. (Anonymous), respondent, v Richard F.G., Jr. (Anonymous), appellant. (Docket No. F-15608/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, on an appeal from an order of the Family Court, Westchester County, entered July 7, 2004, in effect, to amend the caption of the appeal to make the parties anonymous.
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 caption has been amended accordingly.
KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21741
M/nal
|
2005-01360 In the Matter of Alexandra X. Taveras, appellant, v Edwin S. Arguello, respondent. (Docket No. O-17129-04)
| SCHEDULING ORDER |
Appeal by Alexandra X. Taveras from an order of the Family Court, Queens County, dated January 7, 2005. 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
M21743
M/nal
|
2005-01365, 2005-01366 In the Matter of William V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Catherine V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 2 ) In the Matter of Brian V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N- 11340/99, N- 11341/99, N- 15998/00)
| SCHEDULING ORDER |
Separate appeals by Ana C. and Humbert V. from two orders of the Family Court, Queens County, dated October 21, 2001, and January 6, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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 appellants 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 the Family Court proceedings to be transcribed for the appeals; 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the either of the appellants is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeals to show cause why the appeals should or should not be dismissed.
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
M21841
O/sl
HOWARD MILLER, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-02712, 2005-00632 The People, etc., plaintiff, v Arthur Blanco, defendant. (Ind. No. 02-00554)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to take an appeal from an order of the Supreme Court, Westchester County, entered January 26, 2004, for leave to appeal from the order dated January 26, 2004, and to consolidate the appeal from the order with an appeal from the judgment of the same rendered November 21, 2002, pending under Appellate Division Docket No. 2003-02712.
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 pursuant to CPL 460.30 for an extension of time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to take an appeal from the order dated January 26, 2004, is granted; and it is further,
ORDERED that the branch of the motion which is for a certificate granting leave to take an appeal from the order dated January 26, 2004, is denied with leave to renew on or before March 18, 2005, upon proper papers including the papers submitted to the Supreme Court, Westchester County, in support of and in opposition to the motion to vacate the judgment which resulted in the order dated January 26, 2004; and it is further,
ORDERED that the motion is otherwise 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
M21816
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2004-00819
The People, etc., respondent, v Ronald C. Elten, appellant. (Index No. 1704/02)
| 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 a judgment of the County Court, Suffolk County, rendered January 14, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 2, 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
M21493
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DANIEL F. LUCIANO, J.
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2004-11342 The People, etc., plaintiff, v David Gonzalez, defendant. (Ind. No. 184/99)
| 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, Richmond County, dated November 24, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M21766
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2003-07557 The People, etc., respondent, v Joseph Jung, appellant. (Index No. 2071/02)
| 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 a judgment of the Supreme Court, Queens County, rendered August 11, 2003
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 16, 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
M21862
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2003-10366, 2003-10369 The People, etc., respondent, v Altonio Warren, appellant. (Ind. Nos. 2231/01, 1508/02)
| 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 appeals from two judgments of the County Court, Suffolk County, both rendered October 28, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 23, 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
M21851
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2003-07875 The People, etc., respondent, v Melton Williams, appellant. (Ind. No. 5742/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 10, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 8, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court