Appellate Division: Second Judicial Department
M22105
Y/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2003-09253 Judy Arias, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 22660/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated August 5, 2003.
Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until April 15, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time will be granted.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22109
L/
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2004-04952
Matteo Bevilacqua, et al., respondents, v Flatbush Volunteers Hatzoloh, Inc., appellant, et al., defendants. (Index No. 10761/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004.
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ORDERED that the application is granted and the appeal is marked withdrawn.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 of the Court
Appellate Division: Second Judicial Department
M22099
A/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-11122 David Cambiero, et al., respondents, v St. Vincent's Hospital and Medical Center, appellant, et al., defendants (and two third-party actions). (Index No. 16019/97)
| 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, Queens County, dated November 5, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22091
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2004-07706 Linda Cendales, respondent-appellant, v City of New York, et al., respondents, Consolidated Edison, Inc., et al., appellants- respondents. (Index No. 6237/01)
| ORDER ON APPLICATION |
Application by the respondent-appellant 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 August 4, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before April 11, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondents shall serve and file their briefs on or before May 16, 2005; and it is further,
ORDERED that the appellants-respondents' reply briefs shall be served and filed on or before June 20, 2004; and the respondent-appellant's reply brief shall be served and filed on or before July 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22113
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2004-07667, 2005-01810
Creditriskmonitor.Com, Inc., respondent-appellant, v Samuel Fensterstock, et al., appellants-respondents. (Index No. 006211/01)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, entered August 24, 2004, and an order of the same court dated January 7, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until April 29, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22093
S/sl
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2004-09623 Josephine Dandrea, respondent, v Howard M. Hertz, etc., et al., appellants. (Index No. 24910/01)
| 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 an order of the Supreme Court, Suffolk County, dated June 9, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 30, 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
M22092
R/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-05530 George Dellon, appellant, v Jacqueline Dellon, respondent. (Index No. 5944/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated May 17, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21946
PL/sl
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2004-05817, 2004-05821 Bruce Dodkowitz, appellant, v Seymour A. Nelson, et al., respondents. (Index No. 27356/01)
| ORDER ON APPLICATION |
Application by the respondents Seymour and Clare Nelson pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a decision of the Supreme Court, Queens County, dated April 5, 2004, and an order of the same court June 9, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until March 11, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22086
S/sl
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2004-06947
Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated June 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 4, 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
M22079
M/nal
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2004-08847 David Kaplan, appellant, v Nicole Kaplan, respondent. (Index No. 202833/01)
| SCHEDULING ORDER |
Appeal by David Kaplan from a judgment of the Supreme Court, Nassau County, dated August 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 18, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22112
S/sl
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2004-03349, 2004-03350, 2004-03351
Jesse Lentini, appellant, v Concetta Lentini, etc., et al., respondents. (Index No. 5013/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Orange County, dated April 18, 2002, and January 30, 2003, respectively, and a judgment of the same court dated January 9, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22088
S/sl
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2004-07774
Eric Lubitz, respondent-appellant, v Village of Scarsdale, et al., appellants-respondents, David S. Trister, et al., respondents. (Index No. 21722/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent Nicola Petringa 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, dated August 26, 2004.
ORDERED that the appellants-respondents' time to perfect their appeals is enlarged until May 16, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before June 20, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondents shall serve and file their brief on or before July 25, 2005; and it is further,
ORDERED that the appellants-respondents' reply briefs shall be served and filed on or before August 30, 2005; and the respondent-appellant's reply brief shall be served and filed on or before September 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21889
S/sl
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2004-07283
Licia Lynch, appellant, v Dotline Hylton, a/k/a Dotline Lipman, respondent, et al., defendant. (Index No. 14235/03)
| 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 June 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 13, 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
M22095
R/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2003-10447 M.S. Hi-Tech, Inc., respondent, v Donald J. Thompson, Jr., appellant.
(Index No. 8428/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated October 20, 2003, 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 no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22083
S/sl
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2004-07850 Majestic Designs, Inc., respondent, v Modern Importers Corp., et al., defendants, Vahid Khorshad, appellant. (Index No. 742/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated July 1, 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
M22090
R/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-01157 Carl Martin, appellant, v City of New York, et al., respondents.
(Index No. 852/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent Pep Boys Manny, Moe and Jack of Delaware, Inc., s/h/a Mannie, Moe and Jack of Delaware, Inc., and separate motion by the respondents City of New York, New York Police Department, Julio Minaya, and Scott Corcio, to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 9, 2003, for failure to timely perfect, and cross motion by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motions and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motions are denied; and it is further,
ORDERED that the cross motion is granted and the appellant's time to perfect the appeal is enlarged until March 30, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22108
S/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-03798
Chris McGinnis, appellant, v Douglas Woodward, etc., et al., respondents. (Index No. 8843/02)
| ORDER ON APPLICATION |
Application by the defendant Roberta Weinz on an appeal from an order of the Supreme Court, Westchester County, dated March 19, 2004, to substitute James R. Cowhey, as administrator of the estate of Roberta Weinz, for the deceased defendant, Roberta Weinz.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and James R. Cowhey, as administrator of the estate of Roberta Weinz, is substituted for the deceased defendant, Roberta Weinz, and the caption of the appeal is amended accordingly.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22089
S/sl
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2004-08010
Carmel Mertens, etc., appellant, v Long Island Jewish Hospital, etc., et al., respondents. (Index No. 29634/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated August 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 9, 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
M22060
Y/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-01356 David B. Messinger, appellant, v Lori Messinger, respondent. (Index No. 7149/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Westchester County, entered January 31, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of so much of the order dated January 31, 2005, as directed the appellant to pay the sum of $50,000 as a counsel fee to the respondent's counsel, is stayed pending hearing and determination of the appeal on condition that the appellant (1) pays the sum of $25,000 as a counsel fee to the respondent's counsel and (2) perfects the appeal on or before March 28, 2005, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 28, 2005, or the appellant does not pay the sum of $25,000 to the respondent's counsel, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21966
R/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2003-05869 Modica Associates of N.Y. 122, LLC, appellant, v Town of Islip, respondent.
(Index No. 28205/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, entered June 16, 2003, which was determined by decision and order of this court dated November 15, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ADAMS, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22096
R/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
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2005-00641 NYCTL 1998-1 Trust, et al., respondents, v Carajo Holding Corporation, appellant, et al., defendants.
(Index No. 22910/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 13, 2004, in effect, inter alia, to enjoin the respondents and the Williamsburg Christian Church from transferring or encumbering the subject real property, pending hearing and determination of the appeal, and cross motion by the Williamsburg Christian Church for leave to intervene as a respondent on the appeal and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is for leave to intervene is granted, and the Williamsburg Christian Church is granted leave to intervene as a respondent; and it is further,
ORDERED that the cross motion is otherwise denied.
SCHMIDT, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22087
S/sl
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2004-06683
Chrislait Pierre, et al., respondents, v City of New York, appellant. (Index No. 11105/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated April 28, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 25, 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
M22085
S/sl
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2004-08238
Maria Tapia, respondent, v Dattco, Inc., appellant. (Index No. 38245/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered August 16, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 2, 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
M22064
S/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
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2004-02463 Howard L. Wexler, respondent, v Barbara E. Wexler, appellant. (Index No. 505/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 17, 2005, in the above-entitled case is amended by (1) deleting from the preamble thereof the word "Family" and substituting therefor the word "Supreme", and (2) deleting from the preamble, and the second, third, and fourth decretal paragraphs thereof the name "Keith Orlarnick" and substituting therefor the name "Keith Olarnick".
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22061
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A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-01679 Tymeik Williams, etc., respondent, v Nassau County Medical Center, et al., appellants. (Index No. 13701/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered January 14, 2004, which was determined by decision and order of this court dated December 6, 2004, or, in the alternative for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22097
S/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
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2004-08578, 2005-01376, 2005-01377 In the Matter of Rose F. Albarino, deceased. Robert Albarino, respondent; Roxanne Kelly, appellant.
(File No. 0312/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of three orders of the Surrogate's Court, Westchester County, one dated August 19, 2004, and two dated December 29, 2004, pending hearing and determination of appeals 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.
SCHMIDT, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22078
M/nal
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2004-04305 In the Matter of Kayla C. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Daria C. (Anonymous), appellant, et al., respondent. (Docket Nos. N-14856-03, N-14864-03)
| SCHEDULING ORDER |
Appeal by Daria C. from an order of the Family Court, Suffolk County, dated April 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 23, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22077
M/nal
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2004-06859, 2004-06861, 2004-06862 2004-06863, 2004-06864, 2004-06865 In the Matter of Marc David D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Samuel D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shaminique Iris P. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Elijah Pierre D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Ashley D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tanisha Lovinia D. (Anonymous). St. Vincent's Services, et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-10122-01, B-10123-01, B-10124-01 B-10125-01, B-10127-01, B-10128-01)
| SCHEDULING ORDER |
Appeals by Ginette P. from six orders of the Family Court, Kings County, all dated June 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 23, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22075
M/nal
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2004-09642 In the Matter of Melinda D. (Anonymous). Administration for Children's Services, et al., respondents; Claudia F. (Anonymous), appellant. (Docket No. N-3637-02)
| SCHEDULING ORDER |
Appeal by Claudia F. from an order of the Family Court, Kings County, dated September 30, 2004. By decision and order on motion of this court dated February 17, 2005, the following attorney was assigned as counsel on the appeal:
Alan S. Cabelly
91-30 Queens Boulevard - Suite 206
Elmhurst, New York 11373
(718) 533-1757
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated February 17, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M21965
R/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO, JJ.
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2004-03342 In the Matter of Grace Davis, respondent, v Melville Davis, appellant. (Docket No. F-4080/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 27, 2004, which determined an appeal from an order of the Family Court, Queens County, dated March 16, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., COZIER, KRAUSMAN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22065
M/nal
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2005-00143
In the Matter of Madeline F. (Anonymous). Administration for Children's Services, respondent; George F. (Anonymous), appellant. (Docket No. N-13706/01)
| ORDER TO SHOW CAUSE |
Appeal by George F. from an order of the Family Court, Queens County, dated December 6, 2004. By scheduling order dated January 12, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 12, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 14, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22070
M/nal
|
2004-08688 In the Matter of Jane Grosso, respondent, v Michael Grosso, appellant. (Docket No. F-20666-03)
| SCHEDULING ORDER |
Appeal by Michael Grosso from an order of the Family Court, Suffolk County, dated August 26, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until March 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22076
M/nal
|
2004-00433 In the Matter of Jerrol H. (Anonymous), appellant. (Docket No. D-12770/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated December 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 23, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22073
M/nal
|
2004-04637, 2004-04639, 2004-04785 In the Matter of Whitney H. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Brittany J. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Royesha B. (Anonymous). Administration for Children's Services, respondent; Denise H. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-13303-01, N-13304-01, N-13305-01
| SCHEDULING ORDER |
Appeals by Denise H. from three orders of the Family Court, Queens County, all dated April 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until March 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21967
R/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2002-10717, 2003-00465 In the Matter of Milton S. Herman, appellant, v James J. Cupero, respondent. (Index No. 5396/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to resettle a decision and order of this court, dated November 29, 2004, which determined an appeal from (1) a judgment of the Supreme Court, Orange County, dated October 10, 2002, and (2) an order of the same court dated December 10, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., H. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22072
M/nal
|
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. The appellant's brief was filed in the office of the Clerk of this court on December 20, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until March 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22067
M/nal
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2005-00313
In the Matter of Danielle K. (Anonymous). Administration for Children's Services, respondent; Stacey K. (Anonymous), appellant. (Docket No. N-17447-03)
| ORDER TO SHOW CAUSE |
Appeal by Stacey K. from an order of the Family Court, Kings County, dated December 17, 2004. By scheduling order dated January 12, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 12, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 14, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22069
M/nal
|
2004-03887, 2004-03889, 2004-03891, 2004-05919, 2004-05920, 2004-05921 In the Matter of Gia Melikishvili, respondent, v Ketevan Grigolava, appellant.
(Docket Nos. V-04251-01, V-14040-99)
| SCHEDULING ORDER |
Appeals by Ketevan Grigolava from six orders the Family Court, Queens County, three dated April 2, 2004, and three dated June 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 18, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22094
PL/sl
|
2004-07501
In the Matter of Lasyah M. Palmer, etc., appellant, v New York State Department of Correctional Services, respondent. (Index No. 2340/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated August 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2] and by serving and filing his/her brief on the appeal is enlarged until April 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22068
M/nal
|
2005-00184
In the Matter of Betsy Pollack, respondent, v Kenneth Lee Goodman, appellant. (Docket No. F-13694-03)
| ORDER TO SHOW CAUSE |
Appeal by Kenneth Lee Goodman from an order of the Family Court, Westchester County, dated November 10, 2004. By scheduling order dated January 12, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 12, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 14, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22081
M/nal
|
2005-01540, 2005-01541 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Steven R. (Anonymous), appellant, et al., respondent. (Proceeding No. 1 ) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social 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.
ORDERED that the scheduling order in the above-entitled proceeding dated February 22, 2005, is amended to reflect that the petitioner-respondent is the Suffolk County Department of Social Services.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21814
A/sl
GLORIA GOLDSTEIN, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2005-00181 In the Matter of Nina R. (Anonymous). and for Assignm Administration for Children's Services, et al., respondents; Frances R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Gina R. (Anonymous). Administration for Children's Services, et al., respondents; Frances R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-15876/01, B-15877/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief ent of Counsel Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, in effect, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated December 6, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew on or before March 15, 2005, upon proof of proper service of the motion on the appellant, and upon the submission by the appellant of papers establishing that she is entitled to poor person relief and is interested in pursuing the appeal.
GOLDSTEIN, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22082
R/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-03602 In the Matter of Related Properties Corporation, et al., petitioners-respondents, v Town Board of Town/Village of Harrison, et al., respondents, Purchase Environmental Protective Association, Inc., et al., appellants.
(Index No. 7032/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, entered March 22, 2004, to stay all proceedings between the parties before the respondent Planning Board of the Town/Village of Harrison, or in the alternative, to stay enforcement of so much of the order as enjoined Purchase Environmental Protective Association, Inc., from participating in those proceedings, pending hearing and determination of the appeal, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay all proceedings between the parties before the respondent Planning Board of the Town/Village of Harrison is granted, and all proceedings between the parties before the respondent Planning Board of the Town/Village of Harrison are stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the motion which is for a preference is granted, the appeal is placed on the calendar for Monday, March 28, 2005, and the appeal shall be argued or submitted on that day.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21578
R/sl
DANIEL F. LUCIANO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-09593, 2003-09596
In the Matter of Darrin S. (Anonymous), appellant. (Docket No. D-9510-02)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss appeals from (1) an order of the Family Court, Suffolk County, dated September 17, 2003, and (2) an order of the same court dated September 29, 2003, as amended by an order entered November 18, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic (see Matter of Darrin S. [Anonymous], ____ AD3d ____ [2d Dept, Feb. 22, 2005]).
LUCIANO, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22074
M/nal
|
2004-10290 In the Matter of Kevin Williams, respondent, v Loretta Bentley, appellant. (Docket Nos. V-20982/03, V-20983-03, V-20984-03)
| SCHEDULING ORDER |
Appeal by Loretta Bentley from an order of the Family Court, Suffolk County, dated October 25, 2004. By decision and order on motion of this court dated February 18, 2005, the following attorney was assigned as counsel on the appeal:
Stanley E. Gelzins, Esq.
83 Pleasant Street
Huntington, New York 11743
(631) 271-0598
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated February 18, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M22104
Y/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00186
In the Matter of Douglas Z. Winokur, appellant, v Jill Winokur, respondent. (Docket No. F-00231-02)
| 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, Westchester County, entered November 24, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22110
L/
|
2004-02588
The People, etc., respondent, v AEU Inc., appellant. (Ind No. 1247/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Suffolk County, rendered February 25, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M22111
L/
|
2004-02570, 2004-02572
The People, etc., respondent, v Jarvis Campbell, appellant. (Ind. Nos. 8586/98, 3841/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two judgments of the Supreme Court, Kings County, both rendered June 6, 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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22107
Y/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-05073 The People, etc., respondent, v Shawn Coleman, appellant.
(Ind. No. 1967/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered May 5, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before April 29, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22062
R/sl
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-08109 The People, etc., respondent, v John Dexter, appellant. (SCI. Nos. 1720-03, 0010-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered August 4, 2004, to be provided with copies of certain internet "chat room" transcripts.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, on or before March 10, 2005, the respondent is directed to file the subject transcripts with the Clerk of this court under seal.
SCHMIDT, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22106
S/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00686 The People, etc., respondent, v Daquan Norris, appellant. (Ind. No. 8695/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 5, 2003, as a poor person and for the assignment of counsel.
On the court's own motion, it is
ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant has not sought leave to file a late notice of appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before April 8, 2005; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court