APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8357
CF/
|
2003-10372
Altima Transport, Inc., appellant-respondent, v Meena Balaggan, et al., respondents-appellants. (Index No. 18135/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an of the Supreme Court, Nassau County, dated October 30, 2003.
Upon the stipulation of the parties, dated February 18, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8371
CF/
|
2003-09915 Julian Baietto, respondent, v DaimlerChrysler Corporation, defendant, Security Auto Sales, Inc., d/b/a Security Dodge, appellant. (Index No. 16570/01)
| 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 September 8, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8328
J/sl
|
2003-08431 Bayberry Realties, etc., appellant, v Eastern Baptist Association of New York, Inc., et al., respondents. (Index No. 1466/01)
| ORDER ON APPLICATION |
Application by the respondent Eastern Baptist Association of New York, Inc. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated August 19, 2003.
ORDERED that the application is granted and the time of the respondent Eastern Baptist Association of New York, Inc., to serve and file a brief is enlarged until March 15, 2004, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8311
J/sl
|
2003-07721 Nicholas Cafagno, etc., et al., appellants, v John Martin, respondent, et al., defendant. (Index No. 3822/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 5, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 26, 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
M8360
CF/
|
2004-00473 Alfonso J. Castro, appellant-respondent, v International Business Machines Corporation, et al., respondents-appellants. (Index No. 19246/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the respondents-appellants to withdraw their respective cross appeals from an order of the Supreme Court, Westchester County, dated December 23, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8354
CF/
|
2003-09442 Columbus Construction Company, Inc., appellant, v Crocco & DeMaio, P.C., et al., respondents. (Index No. 11675/03)
| 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 September 29, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8234
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-06546 Sam Costanza, appellant, v Chananya Gold, et al., defendants; Kenneth B. Hawco, nonparty- respondent. (Index No. 41439/00)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent to vacate an order on application of this court dated December 23, 2003, which granted the appellant's application to enlarge his time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 23, 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.
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8353
CF/
|
2003-09651 Louise DeStefano, appellant, v G.M. & D.G. Newman, P.C., et al., respondents. (Index No. 48204/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 12, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8303
PL/sl
|
2003-07365 Adam Deja, etc., et al., appellants, v Geraldine Ortiz, et al., respondents. (Index No. 3934/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 20, 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
M8377
CF/
|
2003-04964 Wojciech Dudek, et al., respondents, v Metropolitan Transportation Authority, et al., defendants third-party plaintiffs-respondents- appellants, Leadcare, Inc., a/k/a Lead Abatement Monitoring and Design Services, defendant respondent-appellant; Safeway Environmental Corporation, third-party defendant-appellant- respondent. (Index No. 03272/96)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeals from an amended judgment of the Supreme Court, Dutchess County, dated January 21, 2003.
Upon the stipulation of the parties, dated January 30, 2004, it is
ORDERED that the cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8368
CF/
|
2003-05886 Nicholas Fedder, appellant, v Assurance Company of America, respondent. (Index No. 17615/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 7, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8355
CF/
|
2003-07600 Kelly Gavares, appellant, v Bernard Levy, respondent. (Index No. 15969/01)
| 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 July 18, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8332
PL/sl
|
2003-07594 Gino Giannuzzi, et al., respondents, v Anthony D'Agostino, appellant. (Index No.7891/00)
| 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, Nassau County, dated August 8, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 22, 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
M8324
J/sl
|
2003-10927 Adrienne Gilliam, respondent, v White Castle, appellant. (Index No. 9548/02)
| 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 of the Supreme Court, Kings County, dated November 19, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 22, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8318
E/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-06010
Martha Gray, appellant, v Vincent Booker, et al., respondents. (Index No. 17356/99)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents Vincent Booker and Stephanie Booker and separate motion by the respondents Marilyn Ruta and Frank Ruta to dismiss an appeal from an order of the Supreme Court, Nassau County, dated May 22, 2003, for failure to timely perfect the same.
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 motions are granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
SMITH, J.P., KRAUSMAN, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8263
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-10801 Karen Hathaway, respondent, v Brion Hathaway, appellant. (Index No. 11374/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated November 10, 2003, for leave to reargue a motion, inter alia, to stay the enforcement of so much of the order dated November 10, 2003, as imposed a sanction in the sum of $15,000 upon him, which was determined by decision and order of this court dated January 14, 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, with $100 costs.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8351
CF/
|
2003-05719 Peter Knobel, et al., appellants, v Robert Jessup, et al., respondents. (Index No. 26048/02)
| 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 June 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8321
E/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-09008 Richard Krolak, et al., appellants, v Dubicki, Inc., et al., respondents, et al., defendants. (Index No. 28095/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, entered August 21, 2002, which was determined by decision and order of this court dated November 3, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SMITH, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8314
E/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-01602, 2003-10522
Pamela B. Lee, appellant-respondent, v Kenneth Lee, respondent-appellant. (Index No. 7650/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to consolidate appeals from a judgment of the Supreme Court, Orange County, dated December 30, 2002, and an order of the same court dated October 8, 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 to the extent that the appeals will be calendared together and shall be argued or submitted on the same day, and the motion is otherwise denied.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8331
PL/sl
|
2003-07988 Edmund D. Mann, et al., respondents, v NYLCARE 65, et al., defendants, Mitul Patel, etc., appellant. (Index No. 16541/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 18, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 3, 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
M8344
PL/sl
|
2003-08533 Moon Ok Kwon, respondent, v Luz A. Martin, et al., appellants, et al., defendants. (Index No. 3066/97)
| 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, Queens County, entered August 25, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 1, 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
M8325
J/sl
|
2003-02483, 2003-04542, 2003-07181 Mendel E. Ofman, appellant, v Martin Campos, et al, respondents. (Action No. 1) (Index No. 14119/00) Martin Campos, respondent, v Mendel E. Ofman, appellant. (Action No. 2) (Index No. 33007/02)
| 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 three orders of the Supreme Court, Kings County, dated October 25, 2002, March 4, 2003, and June 16, 2003, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 10, 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
M8356
CF/
|
2003-10210 Bereny Paulino, et al., respondents, v John Marukos, appellant. (Index No. 13824/93)
| 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 October 8, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8323
E/sl
SONDRA MILLER, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-09560 Ping Lee, respondent, et al., plaintiffs, v Eagle Street Associates, Inc., et al., appellants. (Index No. 19972/96)
| DECISION & ORDER |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated August 22, 2002, which was determined by decision and order of this court dated December 1, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
S. MILLER, J.P., TOWNES, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8347
L/
|
2003-04965 Paul Policastro, plaintiff-respondent, v Grand Hyatt Hotel, defendant third-party plaintiff-appellant, et al., defendant; Chambers Papers Fibres Corporation, third-party defendant-appellant. (Index No. 24937/98 )
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from an order of the Supreme Court, Suffolk County, dated April 24, 2003.
Upon the stipulation of the parties, dated January 27, 2004, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8366
CF/
|
2004-00437 Lisa Quinn, et al., appellants, v Donna J. Kasello, etc., et al., respondents. (Index No. 4156/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated December 8, 2000.
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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8193
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2004-00727 Shirley Quinn, respondent, v John Kelligrew, appellant. (Index No. 5197/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered January 7, 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.
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8247
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-05695, 2003-11008 Anthony M. Roberts, plaintiff-respondent- appellant, v Worth Construction, Inc., defendant third-party and second third-party plaintiff- respondent; I.T.R.I. Masonry Corp., et al., third-party defendants appellants-respondents; New Rochelle Contracting Corp., second third- party defendant-appellant-respondent, Insurance Corporation of New York, etc., et al., second third- party defendants-respondents. (Appeal No. 1) Anthony M. Roberts, plaintiff-respondent, v Worth Construction, Inc., defendant third- party and second third-party plaintiff-respondent; I.T.R.I. Masonry Corp., third-party defendant- appellant, et al., third-party defendant; New Rochelle Contracting Corp., second third-party defendant- respondent, et al., second third-party defendants. (Appeal No. 2) (Index No. 2535/99)
| DECISION & ORDER ON MOTION |
Motion by Anthony M. Roberts to enlarge the record on an appeal and cross appeals from an order of the Supreme Court, Dutchess County, dated May 27, 2003, and an appeal from an order of the same court dated October 22, 2003, to include certain pages of the transcript of a deposition which occurred on December 19, 2003, and for leave to serve and file a supplemental brief, or, in the alternative, to deem the motion papers to be the supplemental brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8386
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-01598 Luis Roman, etc., plaintiff, v City of New York, etc., et al., defendants.
(Index No. 47651/97)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs for leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 26, 2004, and to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8343
L/
|
2003-09724 Melissa Sejadinovski, et al., respondents, v C.S. Bhupathi, etc., et al., appellants. (Index No. 13766/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Richmond County, dated September 17, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8352
CF/
|
2003-09746 John Sheehan, appellant, v Donald MacPherson, et al., respondents. (Index No. 13505/01)
| 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 September 26, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8348
CF/
|
2003-07702, 2003-09022 Peter Stassou, et al., plaintiffs respondents- appellants, v Casini & Huang Construction, Inc., defendant-respondent; Peter Casini, et al., defendants appellants-respondents. (Index No. 6863/85)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent Thomas Huang to withdraw his appeals from two judgments of the Supreme Court, Queens County, dated August 12, 2003, and August 29, 2003, respectively.
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 appeals by Thomas Huang are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8333
PL/sl
|
2003-05543, 2003-10756 ORDER ON APPLICATION Richard Tedeschi, et al., appellants, v KMK Realty Corp., defendant third-party plaintiff-respondent; Right-A-Way Trucking, Inc., d/b/a Prompt Trucking, third-party defendant-respondent. (Index No. 28388/00)
|
Application by the appellants 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, Kings County, dated January 22, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 15, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8350
L/
FRED T. SANTUCCI, J.P.
SONDRA MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2002-02015 Town of Riverhead, etc., et al., respondents, v Keyspan Corporation etc., appellant. (Index No. 9707/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 24, 2002.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., S. MILLER, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8307
S/sl
SONDRA MILLER, J.P.
HOWARD MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-05750
David Vita, et al., plaintiffs-respondents, v Mass Electric of New York, defendant third-party plaintiff-respondent, New York City Transit Authority, et al., defendants- respondents; North Star Contracting Corp., third-party defendant-appellant. (Index No. 20647/02
| DECISION & ORDER ON MOTION |
Motion by the respondents Mass Electric of New York, New York City Transit Authority, and City of New York, on an appeal from an order of the Supreme Court, Kings County, dated May 29, 2003, in effect, for leave to serve and file a supplemental record containing an affidavit of John Hamilton, dated April 22, 2003, and to enlarge the time to serve and file briefs. By decision and order on motion of this court dated January 22, 2004, the matter was remitted to the Supreme Court, Kings County, to report on the issue of whether the affidavit of John Hamilton, dated April 22, 2003, was considered by the court in determining the motion which resulted in the order dated May 29, 2003, and the motion was held in abeyance in the interim. The Supreme Court, Kings County has filed its report.
Upon the papers filed in support of the motion, the papers filed in opposition or relation thereto, and upon the report of the Supreme Court, Kings County, it is
ORDERED that the motion is granted and on or before March 26, 2004, the respondents Mass Electric of New York, New York City Transit Authority, and City of New York shall file a supplemental record containing the affirmation of John Hamilton, dated April 22, 2003; and it is further,
ORDERED that time for all respondents to serve and file their respective briefs is enlarged until March 26, 2004, and the respondents' briefs shall be served and filed on or before that date.
S. MILLER, J.P., H. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8349
CF/
|
2003-07164 Wheatley Harbor, LLC, respondent, v 96 Meadow Lane, LLC, et al., appellants. (Index No. 23023/01)
| 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 July 2, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8344
L/
|
2003-09405 Kenneth Zipp, et al., appellants, v York Hunter Construction Services, Inc., respondents. (Index No. 5156/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated September 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8345
L/
|
2004-00719 Kenneth Zipp, et al., appellants, v York Hunter Construction Services, Inc., respondents. (Index No. 5156/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Orange County, dated December 4, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7451
M/mv
|
2004-00729 In the Matter of Pierre (Anonymous). Marlene S. (Anonymous), et al., appellants; Rockland County Attorney, respondent. (Docket No. AC-2906/03)
| SCHEDULING ORDER |
Appeal by Marlene S. and Emmanuel S. from an order of the Family Court, Rockland County, dated December 22, 2003. 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 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 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M7453
M/mv
|
2004-00777 In the Matter of Sheldon C. (Anonymous), appellant. (Docket No. D-16090/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated January 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M7689
M/mv
|
2003-04975 In the Matter of Altagracia Calvo, respondent, v Luis Calvo, appellant. (Docket No. F-1400-97)
| SCHEDULING ORDER |
Appeal by Luis Calvo from an order of the Family Court, Queens County, dated April 30, 2003. By decision and order of this court dated January 26, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. 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 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 and paid for, 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 shall not be dismissed.
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
M8322
E/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-07465 In the Matter of City of Mount Vernon Industrial Development Agency. City of Mount Vernon Industrial Development Agency, respondent; Town of Pelham, et al., nonparty-appellants. (Index No. 4265/02)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellants for leave to reargue an appeal from a judgment of the Supreme Court, Westchester County, entered July 5, 2002, which was determined by decision and order of this court dated October 20, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., FLORIO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7685
M/mv
|
2003-08809, 2003-08810, 2003-08811 2003-08812, 2003-08813
In the Matter of Ryan D. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-11691/00) In the Matter of Paula A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-11690/00) In the Matter of Amanda D. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-11689/00) In the Matter of Nancy A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-11688/00) In the Matter of Jennifer Kake A. (Anonymous). Louise Wise Services, et al., respondents; Nancy D. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-11687/00)
| SCHEDULING ORDER |
Appeals by Nancy D. from five orders of the Family Court, Queens County, all dated September 8, 2003. By decision and order on motion of this court dated January 27, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Michael Hueston, Esq.
26 Court Street - # 600
Brooklyn, New York 11242
(718) 624-9391
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings 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 the order of this court dated January 27, 2004, has been served upon the clerk of the court from which the appeals are taken, 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 not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M8221
S/sl
|
2003-08078 In the Matter of Kenneth Davis, Deceased. Jeanette Davis, et al., appellants; Allan Lashley, et al., respondents. (Index No. 101141/93)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 14, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 3, 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
M8320
E/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-06584 In the Matter of Tom Gjokaj, a/k/a Tome Gjokaj, a/k/a Thomas Gjokaj, deceased. Salvatore Calcagno, petitioner-respondent; Pasko Gjokaj, appellant, Fidelity and Deposit Company of Maryland, et al., respondents-respondents.
(File No. 268934)
| DECISION & ORDER ON MOTION |
Motion by the respondent Fidelity and Deposit Company of Maryland on an appeal from a decree of the Surrogate's Court, Nassau County, dated June 16, 2003, for leave to serve and file a supplemental record containing an application for bond of the Fidelity and Deposit Company of Maryland attached as exhibit 3 to its motion papers and letter dated October 22, 2001, from Mait, Wang & Simmons to Andrew L. Martin attached as exhibit 5 to its motion papers, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before March 29, 2004, the respondent Fidelity and Deposit Company of Maryland shall serve and file a supplemental record containing the application for bond of the Fidelity and Deposit Company of Maryland attached as exhibit 3 to its motion papers and letter dated October 22, 2001, from Mait, Wang & Simmons to Andrew L. Martin brief; and it is further,
ORDERED that the respondent Fidelity and Deposit Company of Maryland's time to serve and file a brief is enlarged until March 29, 2004, and its brief must be served and filed on or before that date; and it is further,
ORDERED that on the court's own motion, the remaining respondents' time to serve and file briefs is enlarged until March 29, 2004, and their briefs must be served and filed on or before that date.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7447
M/mv
|
2004-00685 In the Matter of Thomas A. Greco, appellant, v Susan L. Greco, respondent. (Docket No. V-15123-02)
| SCHEDULING ORDER |
Appeal by Thomas A. Greco from an order of the Family Court, Nassau County, dated December 1, 2003. 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M7479
M/mv
|
2004-00686 In the Matter of Moira Guglielmone, appellant, v Timothy Leonard, respondent (Docket No. O-12794-02/03B)
| SCHEDULING ORDER |
Appeal by Moira Guglielmone from an order of the Family Court, Nassau County, dated December 16, 2003. 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 shall not be dismissed.
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
M8254
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-08803 In the Matter of Sinclair Haberman, petitioner, v City of Long Beach, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 21, 2003, which determined a proceeding pursuant to EDPL 207. Cross motion by the respondents to strike the petitioner's Exhibit "D" and all references thereto from the petitioner's motion.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, and the petitioner's Exhibit "D" and all references thereto in the petitioner's motion papers are deemed stricken and have not been considered in the determination of the motion; and it is further,
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7446
M/mv
|
2004-00662 In the Matter of Erica L. Hezi, appellant, v Yigal Hezi, respondent. (Docket Nos. F-04125/03, F-13833/02)
| SCHEDULING ORDER |
Appeal by Erica L. Hezi from an order of the Family Court, Westchester County, dated December 22, 2003. 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 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 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M7766
M/mv
|
2003-08962 In the Matter of Sheung C. Ingle, respondent, v Patrick O. Ingle, appellant. (Docket No. O-05820/02)
| SCHEDULING ORDER |
Appeal by Patrick O. Ingle from an order of the Family Court, Dutchess County, dated June 12, 2003. By decision and order on motion of this court dated February 5, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Neal D. Futerfas, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
(914) 682-2171
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated February 5, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 shall not be dismissed.
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
M8327
K/cf
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH
GABRIEL M. KRAUSMAN, JJ.
|
2001-05659
In the Matter of Jeffrey I. Klein, a suspended attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Jeffrey I. Klein, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Fourth Judicial Department on September 15, 1971. By opinion and order of this court dated January 21, 2003, he was suspended from the practice of law for a period of one year.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness for an investigation and report on the respondent's current fitness to be an attorney including, but not limited to, the circumstances underlying the forgery that led to the imposition of an admonition in 1994.
RITTER, J.P., SANTUCCI, ALTMAN, SMITH and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8326
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
REINALDO E. RIVERA, JJ.
|
2000-00002
In the Matter of John J. Napolitano, a suspended attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, John J. Napolitano, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 17, 1958. By opinion and order of this court dated July 28, 1997, in a prior unrelated proceeding, the respondent was suspended from the practice of law for a period of one year. By decision and order of this court dated March 25, 1999, his first application for reinstatement was withdrawn. His second application for reinstatement was denied by a decision and order of this court dated May 16, 2000. By an opinion and order of this court dated May 7, 2001, in the instant proceeding, the respondent was suspended from the practice of law for an additional three years.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney.
PRUDENTI, P.J., RITTER, ALTMAN, FLORIO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7476
M/mv
|
2004-00790 In the Matter of Pinches Ostreicher, appellant, v Florence Pollack, respondent. (Docket Nos. V-09791/01, V-0448/02)
| SCHEDULING ORDER |
Appeal by Pinches Ostreicher from an order of the Family Court, Kings County, dated December 30, 2003. 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 shall not be dismissed.
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
M8316
E/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-01005 In the Matter of Megan V. (Anonymous). Suffolk County Department of Social Services, respondent; John V. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Angelica V. (Anonymous). Suffolk County Department of Social Services, respondent; John V. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-167-01, B-168-01)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian appointed by the Family Court, Suffolk County, to be relieved from representing the children on an appeal from an order of the Family Court, Suffolk County, dated January 6, 2003, and for the assignment of a new Law Guardian.
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 Law Guardian, Louis J. Profera, 6 Sea Crest Drive, Hampton Bays, New York, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Amy L. Colvin, Esq.
P.O. Box 2091
Halesite, New York 11743
(631) 424-8495
and it is further,
ORDERED that pursuant to 22 NYCRR 670.4(a)(2), the Law Guardian's time to serve and file a brief is enlarged until April 13, 2004, and the Law Guardian's brief must be served and filed on or before that date.
SMITH, J.P., KRAUSMAN, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8258
Y/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-00765 The People, etc., respondent, v Samuel Bostic, appellant. (Ind. No. 1782/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered December 23, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M7592
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-06901, 2003-08553
The People, etc., respondent, v Von Knowlden, a/k/a Salim Abdul-Malik, appellant. (Ind. No. 2864/98)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Renewed motion by the appellant pro se for leave to prosecute appeals from a judgment of the Supreme Court, Queens County, rendered June 30, 2003, and a resentencing of the same court imposed August 12, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated in or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on the appeals, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
ALTMAN, J.P., S. MILLER, LUCIANO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
03 A 6123
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8310
S/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2001-09999 The People, etc., respondent, v Warren A. Ovalle, appellant. (Ind. No. 2083/99)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from an amended judgment of the County Court, Suffolk County, rendered September 19, 2001, and to withdraw the appeal. By order to show cause dated November 13, 2003, the appellant was directed to show cause before this court why an order should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]), and the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto or in response to the order to show cause, it is
ORDERED that the branch of the motion which is to relieve assigned counsel from representing the appellant is granted; and it is further,
ORDERED that the appeal is dismissed as abandoned (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the branch of the motion which is to withdraw the appeal is denied as academic.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8340
F/
BARRY A. COZIER, J.
|
2003-11073 The People, etc., plaintiff, v Anthony Pauley, defendant. (Ind. No. 1606/81)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 20, 2003, 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.
BARRY A. COZIER
Associate Justice
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8248
Y/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-01002 The People, etc., respondent, v John Sinclair, appellant. (Ind. No. 10615/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the Supreme Court, Kings County, dated August 6, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8196
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2002-03210 The People, etc., respondent, v Henry Vega, appellant. (Ind. No. 2792/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Queens County, rendered March 6, 2002, to include, inter alia, the minutes of the first trial in the above-entitled matter.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the judgment roll to include the minutes of the first trial in the above-entitled matter is granted, and the motion is otherwise denied; and it is further
ORDERED that the order of this court dated December 16, 2002, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the first trial in the above-entitled matter, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings during the first trial in the above-entitled matter for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the proceedings during jury selection to the respondent when the appellant's brief is served.
Since the appeal has not yet been perfected, defendant's counsel may raise any contention arising from the proceedings recorded in the minutes of the jury selection in the defendant's main brief, and leave to file a supplemental brief is therefore denied as unnecessary.
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8339
F/
BARRY A. COZIER, J.
|
2003-10763 The People, etc., plaintiff, v Alyton Wright, defendant. (Ind. No. 3766/93)
| 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, Kings County, dated November 16, 2003, 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.
BARRY A. COZIER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M8264
C/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2002-02570, 2002-08447 The People, etc., respondent, v Arcady Yakubova, appellant. (Ind. Nos. 4450/96, 20/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on appeals from two judgments of the Supreme Court, Queens County, both rendered February 28, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the decision and order of this court dated October 24, 2003, granting the defendant leave to serve and file a supplemental pro se brief is vacated; and it is further,
ORDERED that the motion is denied as academic.
By decision and order on motion of this court dated February 23, 2004, inter alia, those branches of the appellant's motion which were to substitute retained counsel for previously-assigned counsel and for leave for retained counsel to serve and file a supplemental brief were granted.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk