Appellate Division: Second Judicial Department
M22225
CF/
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2005-00372 Khalilullah Atamy, respondent, v Besire Atamy, appellant. (Index No. 28285/03)
| 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 December 7, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22183
M/nal
|
2005-01638 Anthony Battisti, appellant, v Patricia Battisti, respondent. (Index No. 202230/03)
| SCHEDULING ORDER |
Appeal by Anthony Battisti from an order of the Supreme Court, Nassau County, dated January 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22126
R/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00826 Ira Berliner, appellant, v Mariann Berliner, respondent.
(Index No. 6107/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of a judgment of the Supreme Court, Westchester County, dated December 10, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, inter alia, to enjoin the respondent from transferring or encumbering any and all property and assets of Opus Developers, Ltd., pending hearing and determination of the appeal is granted to the extent that pending hearing and determination of the appeal the respondent is enjoined from transferring outside the State of New York any and all property and assets of Opus Developers, Ltd., including but not limited to the proceeds of the sale of 7 Kennilworth Lane, Rye , N.Y. on condition that the appeal is perfected on or before May 3, 2005, and that branch of the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 3, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22249
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-01467 Stacie Calian, appellant, v Eric Calian, respondent. (Index No. 4980/00)
| DECISION & ORDER ON MOTION |
Appeal by Stacie Calian from a decision of the Supreme Court, Westchester County, dated December 13, 2004.
Now, on the court's own motion, it is
ORDERED that the appellant's notice of appeal from the decision is deemed to be a premature notice of appeal from an order of the same court dated January 27, 2005 (see CPLR 5520[c]).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22272
CF/
|
2004-11265 Certain Underwriters at Interest, a/s/o Craig Drake Manufacturing, Inc., respondent, v Maddaloni Jewelers, appellant. (Index No. 15302/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 29, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22278
J/sl
|
2004-07568 Antonio Ciccone, et al., respondents, v Bedford Central School District, appellant. (Index No. 6815/02)
| 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 an appeal from an order of the Supreme Court, Westchester County, dated July 23, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until March 14, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22234
CF/
|
2004-09404 Commissioner of State Insurance Fund, appellant, v Woodworth Enterprises, Inc., respondent. (Index No. 16489/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Suffolk County, dated September 16, 2004.
Upon the stipulation of the parties, dated February 16, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22227
CF/
|
2004-07691 Cornwall Commons, LLC, respondent, v Town of Cornwall, et al., appellants, et al., defendants. (Index No. 4381/04)
| 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 July 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22255
CF/
|
2004-07705 Dan Correa, appellant, v Astoria Park Associates, et al., respondents. (Index No. 4457/02)
| 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 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22274
CF/
|
2004-07970 Barbara Eliopoulos, appellant, v Healthcheck, Inc., et al., respondents. (Index No. 7235/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated August 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22269
J/sl
|
2004-07272 Nicola Ferrara, et al., appellants, v N.Y. & Atlantic Railway Co., defendant third-party plaintiff-respondent, L.J. Industries, Inc., defendant second third-party plaintiff-respondent; Long Island Siding Contractors, Ltd., first and second third-party defendant-respondent. (Index Nos. 21468/99, 35009/01, 350160/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 12, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 13, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22164
C/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-02255 Catherine Gibbons, et al., appellants, v Jackson Heights Hospital, defendant, Walter Besser, etc., respondent. (Index No. 3409/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered January 22, 2004, on the ground that the judgment is not appealable because it was entered upon the default of the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22251
CF/
|
2004-08457 Theresa Guirguis, appellant, v Financial Service Vehicle Trust, et al., respondents. (Index No. 10198/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated September 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22211
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-01545 Steven Horn, appellant, v Laura Horn, respondent. (Index No. 9979/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated February 16, 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 denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22262
C/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-04038 Warner Jenkins, et al., appellants, v City of New York, et al., respondents.
(Index No. 30310/96)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated March 10, 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.
KRAUSMAN, J.P., LUCIANO, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22246
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-07676
Jupiter Environmental Services, Inc., appellant, v Graystone Construction Corp., respondent. (Index No. 1292/02)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated August 2, 2004
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from a decision dated July 21, 2004, is deemed to be a notice of appeal from the judgment (see CPLR 5512); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 26, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22296
S/sl
|
2004-04773
Lynda Kessler, respondent, v John Kessler, appellant. (Index No. 4709/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated April 16, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22266
C/sl
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-06228 Manana Kligman, respondent, v A&S Moving & Deliveries, Inc., et al., appellants. (Index No. 19741/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate an order on application of this court dated January 5, 2005, which granted their application to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 7, 2004, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the order on application of this court dated January 5, 2005, in the above-entitled action is recalled and vacated, the appeal is reinstated, and the application to withdraw the appeal is deemed withdrawn; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until March 17, 2005, and the record or appendix on the appeal and the appellants' 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.
COZIER, J.P., LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22276
CF/
|
2004-05504 Claire Koch, et al., respondents, v Island Sports Physical Therapy, appellant. (Index No. 2314/02)
| 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 May 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22228
C/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10404 Larchmont Nurseries, Inc., appellant, v John Daly, respondent. (Index No. 18645/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a decision of the Supreme Court, Westchester County, entered October 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
FLORIO, J.P., RITTER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22166
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-08903 Eddie M. Lewter, respondent, v Leilani Russell Lewter, appellant. (Index No. 6347/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court dated December 6, 2004, which, inter alia, dismissed an appeal from a judgment of the Supreme Court, Kings County, dated August 12, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22223
CF/
|
2004-09682 Stacy Luchs, respondent, v Jodi Luchs, appellant. (Index No. 201753/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22197
M/nal
|
2005-01751 Maria Jill Mandresh, respondent, v Douglas Mandresh, appellant. (Index No. 17380/04)
| SCHEDULING ORDER |
Appeal by Douglas Mandresh from an order of the Supreme Court, Suffolk County, dated February 1, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22273
J/sl
|
2004-07930 Jacqueline McConnell, et al., respondents, v Gaoussou Ouedraogo, et al., defendants, BBV II Corp., d/b/a Better Buggy Car Rental, et al., appellants. (Index No. 27315/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 16, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 31, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22235
CF/
|
2004-09349 Metropolis Westchester Lanes, Inc., respondent, v Colfax Industries, Inc., etc., appellant. (Index No. 4938/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22293
J/sl
|
2004-07652 Elise M. Negrin, appellant, v Norwest Mortgage, Inc., respondent. (Index No. 26551/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 23, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 29, 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
M22229
CF/
|
2004-07797, 2004-09143 New York Medical College, respondent, v Our Lady of Mercy Medical Center, appellant. (Index No. 9477/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant on appeals from an order of the Supreme Court, Westchester County, dated August 10, 2004, and a judgment of the same court entered September 15, 2004, to withdraw the appeal from the order dated August 10, 2004 (Appellate Division Docket No. 2004-07797).
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 from the order dated August 10, 2004, pending under Appellate Division Docket No. 2004-07797, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22248
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-01381 Lindon Nunez, appellant, v Nancy Frias, respondent. (Index No. 17823/02)
| DECISION & ORDER ON MOTION |
Appeal by Lindon Nunez from a decision of the Supreme Court, Kings County, dated December 3, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22291
S/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-04642, 2004-04677 Fernande Paltre, etc., et al., appellants, v General Motors Corporation, et al., respondents. (Action No. 1)
(Index No. 5014/03)
Lisa Baade, etc., et al., appellants, v General Motors Corporation, et al., respondents. (Action No. 2) (Index No. 3318/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the record on appeals to include certain material appended as Exhibits A-G to the instant motion papers.
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 denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22258
R/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-10568 Pepsico, Inc., et al., respondents-appellants, v Winterthur International America Insurance Company, appellant-respondent, et al., defendant. (Appeal No. 1) 2004-11286 Pepsico, Inc., et al., plaintiffs-respondents, v Winterthur International America Insurance Company, appellant, Willis of New York, Inc., defendant-respondent. (Appeal No. 2) (Index No. 17053/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent in Appeal No. 1 (Appellate Division Docket No. 2003-10568), for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered October 29, 2003, which was determined by decision and order of this court dated December 27, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and separate motion by the appellant in Appeal No. 2 (Appellate Division Docket No. 2004-11286), inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated December 10, 2004.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue or leave to appeal to the Court of Appeals is denied, with $100 costs payable by the movant to the plaintiffs; and it is further,
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action pending hearing and determination of Appeal No. 2 (Appellate Division Docket No. 2004-11286) is granted, and the trial in the above-entitled action is stayed pending hearing and determination of Appeal No. 2; and it is further,
ORDERED that the motion is otherwise denied as academic.
H. MILLER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22232
M/nal
|
2005-01820 Marilyn Scarlett, appellant, v Humphrey Scarlett, respondent. (Index No. 20251/00)
| SCHEDULING ORDER |
Appeal by Marilyn Scarlett from a judgment of the Supreme Court, Nassau County, dated January 25, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22233
CF/
|
2004-07786 Second Opinion Services, Inc., respondent, v Queller, Fisher, Dienst, Serrins, Washor & Kool, LLP, appellant. (Index No. 20704/03)
| 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 July 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22224
C/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-10197 Sharon Senhart, appellant, v Necdet Senhart, respondent. (Index No. 44657/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22300
M/nal
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-06453 Richard Shen, respondent, v Melissa Mei-Lin Sun Shen, appellant. (Index No. 31226/01)
| SCHEDULING ORDER |
Appeal by Melissa Mei-Lin Sun Shen from an order of the Supreme Court, Queens County, dated July 8, 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 appellant's time to perfect the appeal by serving and filing the record or appendix and the appellant's brief on the appeal is enlarged until March 30, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SANTUCCI, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22257
CF/
|
2004-09664 Beth Ellen Siegel, appellant, v Jay Dee Bakery, et al., respondents. (Index No. 18430/02)
| 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 July 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22253
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-08283 Prabhy Jot Singh, et al., respondents-appellants, v E. Atakhanian, a/k/a Yourik Atakhanian, et al., appellants-respondents. (Index No. 4796/02)
| DECISION & ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered October 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the notices of appeal and cross appeal from a decision of the same court dated July 27, 2004, are deemed to be premature notices of appeal and cross appeal from the order and judgment entered October 15, 2004 (see CPLR 5520[c]); and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until May 16, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22295
S/sl
|
2004-01000, 2004-06063
Barry Steinberg, et al., respondents, v Judy Linzer, appellant.
(Index No. 27860/01)
| 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 an order of the Supreme Court, Suffolk County, dated December 18, 2003, and a judgment of the same court, dated January 26, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before March 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22237
CF/
|
2004-06040 Victory State Bank, appellant, v Control Electrical Contracting Corp., et al., respondents. (Index No. 12502/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated May 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22256
M/nal
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-07103
In the Matter of Joseph A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adam A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3773-03, B-3774-03)
| DECISION &ORDER ON MOTION |
Appeal by Dawn A. from an order of the Family Court, Orange County, dated June 28, 2004. By order dated January 6, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before February 9, 2005. The appellant has failed to do so.
On the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22250
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-01488 In the Matter of Ray A. (Anonymous). Administration for Children's Services, petitioner-respondent; Marilyn R. (Anonymous), respondent-respondent; Steven Banks, nonparty-appellant. (Docket No. B-1853-01)
| DECISION & ORDER ON MOTION |
Appeal by Steven Banks, Law Guardian for the child, from a purported order of the Family Court, Queens County, dated January 11, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the purported order does not constitute a paper from which an appeal may be taken (see Family Ct Act § 1112).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22254
M/nal
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-06746 In the Matter of Adele Andrews, respondent, v John Andrews, appellant. (Docket No. F-5439-02)
| SCHEDULING ORDER |
Appeal by John Andrews from an order of the Family Court, Kings County, dated July 6, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 4, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22312
S/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-11005, 2004-11006, 2004-11007
In the Matter of Mina Bronstein-Becher, respondent, v Yehudah Becher, appellant. (Docket No. F-9653-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 15, 2005, in the above-entitled matter is amended by (1) deleting the fifth decretal paragraph thereof and substituting therefor the following decretal paragraph:
"ORDERED that the decision and order on motion of this court dated December 27, 2004, which directed the appellant to perfect the appeal by March 21, 2005, is amended by deleting from the fifth and sixth decretal paragraphs thereof the date "March 21, 2005," and substituting therefor the date "May 5, 2005"; and it is further"
; and (2) by adding to the third decretal paragraph thereof after the words "delivered to the assigned counsel." the following "The stenographer(s) and/or transcription service(s) is/are directed to provide the above referenced transcripts to the assigned counsel as expeditiously as possible."
COZIER, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22221
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00193 In the Matter of Brandon C. (Anonymous). Orange County Department of Social Services, respondent; Ellen C. (Anonymous), appellant. (Docket Nos. N-5131-03)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated August 11, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,
ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Richard L. Herzfeld, Esq.
555 5th Avenue - 14th Floor
New York, New York 10007
(212) 818-9019
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22219
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00193
In the Matter of Brandon C. (Anonymous). Orange County Department of Social Services, respondent; Ellen C. (Anonymous), appellant. (Docket Nos. N-5131-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated August 11, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Kim Pavlovic, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, 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:
Gary E. Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
(914) 782-6715
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22186
M/nal
|
2005-01769 In the Matter of Dederia Simone C. (Anonymous). Administration for Children's Services, respondent; Erica J. (Anonymous), appellant. (Docket No. B-27933/03)
| SCHEDULING ORDER |
Appeal by Erica J. from an order of the Family Court, Kings County, dated December 17, 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 of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22195
M/nal
|
2005-01873 In the Matter of Koran C. (Anonymous), appellant. (Docket No. D-16610-04)
| SCHEDULING ORDER |
Appeal by Koran C. from an order of the Family Court, Queens County, dated February 10, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22298
M/nal
|
2004-11128 In the Matter of Edward Carroll, appellant, v Laurene Lord, respondent. (Docket No. F-03175/93)
| SCHEDULING ORDER |
Appeal by Edward Carroll from an order of the Family Court, Kings County, dated June 18, 2004. By decision and order on motion of this court dated February 24, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22190
M/nal
|
2005-01790 In the Matter of Cindy Catalano, appellant, v David Catalano, Jr., respondent. (Docket No. F-291-04)
| SCHEDULING ORDER |
Appeal by Cindy Catalano from an order of the Family Court, Rockland County, dated January 25, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22301
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-00064, 2004-00068 In the Matter of Ghislaine Charles, et al., respondents, v Claude L. Charles, appellant. (Docket Nos. O-7491-03, O-7673-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se for leave to defend appeals from two orders of the Family Court, Nassau County, both dated November 24, 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defendant the appeals:
Neal Futerfas, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
(914) 682-2171
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22281
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2005-00668 In the Matter of Wilda Curley, respondent; Barbara Hanneman, appellant. (Index No. 2717/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Bronx County, dated June 2, 2004, on the original papers and to waive the filing fee.
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 for leave to proceed on the original papers is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branch of the motion which is to waive the filing fee is denied; and it is further,
. ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until June 17, 2005.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22259
M/nal
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-03758, 2004-03761, 2004-03762
In the Matter of Fatima Iaisha D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jihad Born D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Karif Abdul Malik D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-265-02, B-266-02, B-267-02)
| DECISION & ORDER ON MOTION |
Appeals by Kathy B. from three orders of the Family Court, Richmond County, all dated March 3, 2004. By order to show cause dated November 22, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a order dated September 2, 2004, denying the appellant's motion for leave to prosecute the appeals as a poor person with leave to renew on or before November 3, 2004. By decision and order on motion of this court dated January 28, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before February 18, 2005. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the appeals are dismissed, without costs or disbursements.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22222
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10296 In the Matter of Justina Rose D. (Anonymous). Suffolk County Department of Social Services, respondent; Charlotte D. (Anonymous), et al., appellants. (Docket Nos. B-3636-04)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant Charlotte D. in a proceeding before the Family Court, Suffolk County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Suffolk County, dated November 17, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant Charlotte D. on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,
ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel for Charlotte D. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Charlotte D.:
Susan DeNatale, Esq.
501 William Floyd Parkway
Shirley, New York 11967
(631) 902-2001
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22192
M/nal
|
2005-01848 In the Matter of Zakkariyya D. (Anonymous). Suffolk County Department of Social Services, appellant; Satari D. (Anonymous), respondent; Paula R. (Anonymous), et al., nonparty-respondents. (Docket No. N-1648-01)
| SCHEDULING ORDER |
Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated January 31, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22194
M/nal
|
2005-01869 In the Matter of Tina Marie Engel, respondent, v Joseph K. Engel, appellant. (Docket No. O-11982-02)
| SCHEDULING ORDER |
Appeal by Joseph K. Engel from an order of the Family Court, Nassau County, dated January 13, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22289
J/sl
|
2004-07862 In the Matter of Executive Towers at Lido, LLC, et al., respondents, v New York State Division of Housing and Community Renewal, appellant. (Index No. 8448/03)
| 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 and judgment (one paper) of the Supreme Court, Nassau County, entered July 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 27, 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
M22294
S/sl
|
2003-11454 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents. (Appeal No. 1) 2004-03117 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents, Wayne Osten, respondent-respondent. (Appeal No. 2) (Index No. 10232/99)
| ORDER ON APPLICATION |
Application by the appellants-respondents on appeals and cross appeals from a judgment of the Supreme Court, Westchester County, entered November 18, 2003, and an order of the same court dated March 1, 2004, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to serve and file a reply brief.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22193
M/nal
|
2005-01850 In the Matter of Anne E. Fulham, respondent, v Juan Borges III, appellant. (Docket No. F-04827-99)
| SCHEDULING ORDER |
Appeal by Juan Borges III from an order of the Family Court, Queens County, dated February 22, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22199
M/nal
|
2005-01773 In the Matter of Anna Marie G. (Anonymous), a/k/a Anna Marie C. (Anonymous). Jewish Child Care Association of New York, petitioner-respondent; Abduel G. (Anonymous), a/k/a Abdul G. (Anonymous), appellant, et al., respondent. (Docket No. B-10322/01)
| SCHEDULING ORDER |
Appeal by Abduel G. from an order of the Family Court, Kings County, dated January 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22231
M/nal
|
2005-01783 In the Matter of Elvis G. (Anonymous), appellant. (Docket No. D-10863/04)
| SCHEDULING ORDER |
Appeal by Elvis G. from an order of the Family Court, Queens County, dated January 13, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22212
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10292 In the Matter of Keshauna G. (Anonymous). Suffolk County Department of Social Services, et al., respondents; Denise H. (Anonymous), appellant. (Docket Nos. N-1657-01, N-1658-01, A-319-04, A-361-04)
| DECISION & ORDER ON MOTION |
Appeal by Denise H. from an order of the Family Court, Suffolk County, dated October 18, 2004. By order to show cause dated January 7, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated November 29, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to prosecute the appeal as a poor person and for the assignment of counsel.
Now, on the court's own motion, and upon the papers filed in support of the application and the papers filed in opposition thereto, and the papers filed in relation to the order to show cause, it is
ORDERED that the application is denied; and it is further,
ORDERED that the motion to dismiss the appeal is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22284
J/sl
|
2004-08667 In the Matter of Lucy Grillo, deceased. George J. Lambert, etc., respondent; Judith G. Riedel, appellant-respondent; Jeanette Jones, respondent-appellant. (File No. 809/00)
| 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 and cross appeal from an order of the Surrogate's Court, Westchester County, dated August 31, 2004.
ORDERED that the application is granted and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before March 18, 2005 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22184
M/nal
|
2005-01759 In the Matter of Giselle H. (Anonymous). Suffolk County Department of Social Services, appellant; Laura H. (Anonymous), respondent. (Docket No. N- 07195-04)
| SCHEDULING ORDER |
Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated February 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22216
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00428
In the Matter of Jasmine Hall, petitioner-respondent, v Orange County Department of Social Services, respondent-respondent; Kevin Mays, appellant. (Docket Nos. V-2726-04, V-2727-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated December 16, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Gilbert A. Taylor, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, 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:
Richard S. Birnbaum, Esq.
200 Mamaroneck Avenue - Suite 504
White Plains, New York 10601
(914) 428-4565
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22209
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00428 In the Matter of Jasmine Hall, petitioner-respondent, v Orange County Department of Social Services, respondent-respondent; Kevin Mays, appellant. (Docket Nos. V-2726-04, V-2727-04)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated December 16, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,
ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Del Atwell, Esq.
P.O. Box 2516
Montauk, New York 11954
(631) 267-2067
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22260
M/nal
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-08197 In the Matter of Cecilia Heyward, appellant, v Peter Goldman, respondent. (Docket No. F-10494-02)
| SCHEDULING ORDER |
Appeal by Cecelia Heyward from an order of the Family Court, Kings County, dated July 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 18, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22187
M/nal
|
2005-01771, 2005-01772 In the Matter of Karim L. (Anonymous). Heartshare Human Services, Inc., respondent; Criseena L. (Anonymous), appellant. (Proceeding No. 1 ) In the Matter of Shakwon Angel W. (Anonymous). Heartshare Human Services, Inc., respondent; Criseena L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-6372/99, B-17670/99)
| SCHEDULING ORDER |
Appeals by Criseena L. from two orders of the Family Court, Kings County, both dated December 14, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22261
M/nal
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-09434
In the Matter of Stacey Leigh, respondent, v Rod Herbert, appellant. (Docket No. V-26423)
| DECISION & ORDER ON MOTION |
Appeal by Rod Herbert, by permission, from an order of the Family Court, Kings County, dated October 20, 2004. By order to show cause dated January 31, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated December 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been the papers filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated December 31, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21919
O/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-01016 In the Matter of Myrdith Leon-McCormack, respondent, v Darren Morris, appellant. (Docket No. F-3850/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Kings County, dated January 6, 2005, pending hearing and determination of an appeal therefrom, 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 opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order dated January 6, 2005, is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 25, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 25, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, and for the assignment of counsel are granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the Clerk of the Family Court, and the Clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that the above-mentioned transcripts shall be provided expeditiously; and it further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Michael Hueston, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11242
(718) 624-9391
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the court from which the appeal is taken.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22241
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-01699 In the Matter of Anthony Longo, etc., et al., respondents, v County of Nassau, etc., et al., appellants. (Index No. 1434/05)
| DECISION & ORDER ON MOTION |
Appeal by the County of Nassau, Thomas Suozzi, as County Executive of County of Nassau, and Jonathan Lippman, as Chief Administrative Judge of New York State Unified Court System, and New York State Unified Court System, from an order of the Supreme Court, Nassau County, entered February 17, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see CPLR 5701).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22297
M/nal
|
2004-06901, 2004-06903 In the Matter of Jesus M. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Iris V. M. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Katelyn D. (Anonymous). Administration for Children's Services, respondent; Priscilla I. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-429-03, N-430-03)
| SCHEDULING ORDER |
Appeals by Priscilla I. from two orders of the Family Court, Queens County, dated December 8, 2003, and June 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on January 27, 2005. The law guardian received the appellant's brief and transcripts on February 22, 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 law guardian's time to serve and file a brief on the appeals is enlarged until April 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22191
M/nal
|
2005-01846 In the Matter of Shawndel M. (Anonymous). Suffolk County Department of Social Services, respondent; Korisha S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shaquay S.-M. (Anonymous). Suffolk County Department of Social Services, respondent; Korisha S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-14459-04, N-14460-04)
| SCHEDULING ORDER |
Appeal by Korisha S. from an order of the Family Court, Suffolk County, dated February 4, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22188
M/nal
|
2005-01774 In the Matter of Raul Matos, appellant, v Nancy Cruz, respondent. (Docket No. F-06868-02)
| SCHEDULING ORDER |
Appeal by Raul Matos from an order of the Family Court, Kings County, dated December 14, 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 of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22205
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00097 In the Matter of John J. Paoli, Sr., appellant, v Jody Paoli, respondent. (Docket No. V-270597)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated November 24, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel assigned to represent the appellant in the Family Court, Orange County, is granted, and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before March 16, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
. ORDERED that the branches of the motion which are for the assignment of new counsel to represent the appellant on the appeal and to grant leave to the appellant to prosecute the appeal as a poor person are denied, with leave to renew on or before April 7, 2005, upon the submission of proper papers establishing that the appellant is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22265
M/nal
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2004-08057
In the Matter of Theresa Partanio, respondent, v Gregory Partanio, appellant. (Docket No. F-10860-03)
| DECISION & ORDER ON MOTION |
Appeal by Gregory Partanio from an order of the Family Court, Nassau County, dated August 24, 2004. By order to show cause dated December 27, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to renew a motion for leave to prosecute the appeal as a poor person on or before January 12, 2005.
On the court's own motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22247
M/nal
|
2005-01871 In the Matter of Keven A. Plummer, appellant, v Dana A. Plummer, respondent. (Docket No. V-01234-93)
| SCHEDULING ORDER |
Appeal by Keven A. Plummer from an order of the Family Court, Nassau County, dated January 11, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22196
M/nal
|
2005-01660 In the Matter of Edwin John R. (Anonymous). Suffolk County Department of Social Services, appellant; Patrick R. (Anonymous), et al., respondents. (Proceeding No. 1 ) In the Matter of Jessica Ryan R. (Anonymous). Suffolk County Department of Social Services, appellant; Patrick R. (Anonymous), et al., respondents. (Proceeding No. 2 ) In the Matter of Sarah Michele R. (Anonymous). Suffolk County Department of Social Services, appellant; Patrick R. (Anonymous), et al., respondents. (Proceeding No. 3 ) (Docket Nos. B-9532-04, B-9533-04, B-9534-04, B-9548-04, B-9549-04, B-9550-04)
| SCHEDULING ORDER |
Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated February 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22204
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10614
In the Matter of Franklyn Richards, respondent, v Carla Campbell, appellant. (Docket No. V-3953-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated October 15, 2004, as a poor person, and for the assignment of counsel.
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 appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Salvatore Adamo, Esq.
PMB 40
350 Fifth Avenue - Suite 3304
New York, New York 10118
(212) 964-7983
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22252
M/nal
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2002-00966 In the Matter of Orlando Rodriguez, respondent, v Elia Irizarry, appellant. (Queens County Docket No. V-2263-01) (Kings County Docket Nos. V-12542-96, V-12543-96)
| SCHEDULING ORDER |
Appeal by Elia Irizarry from an order of the Family Court, Queens County, dated January 2, 2002. The appellant's brief was filed in the office of the Clerk of this court on July 22, 2004. On January 24, 2005, the appellant informed this court that no supplemental brief will be filed. 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 a their briefs on the appeal is enlarged until April 18, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22304
M/nal
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-04632 In the Matter of Michael D. D. S. (Anonymous). Kevin W. (Anonymous), appellant. (File No. 43754)
| SCHEDULING ORDER |
Appeal by Kevin W. from an order of the Surrogate's Court, Nassau County, dated April 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 18, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
SCHMIDT, J.P., GOLDSTEIN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22245
M/nal
|
2005-01849 In the Matter of Sabina Jessica S. (Anonymous). Suffolk County Department of Social Services, appellant; Pasquale S. (Anonymous), respondent. (Docket No. B-6501-04)
| SCHEDULING ORDER |
Appeal by the Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated February 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22285
S/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-01620 In the Matter of Shaheim S. (Anonymous), appellant. (Docket No. D-03278-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated February 4, 2004.
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 and the appeal is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22270
CF/
|
2004-06059 In the Matter of Arthur Smyles, et al., appellants, v State of New York, et al., respondents. (Index No. 4805/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22198
M/nal
|
2005-01770 In the Matter of Bronc Stallings, appellant, v Glenda Stallings, respondent. (Docket No. F-5004-96)
| SCHEDULING ORDER |
Appeal by Bronc Stallings from an order of the Family Court, Kings County, dated January 10, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M21768
M/nal
|
2005-01085, 2005-01086, 2005-01154, 2005-01155, 2005-01165 In the Matter of Theresa Helen T. (Anonymous), a/k/a Theresa Helen D. (Anonymous), a/k/a Theresa T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Christina Shannon T. (Anonymous), a/k/a Christina T. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 2 ) In the Matter of Silvia Marie D. (Anonymous), a/k/a Silvia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 3 ) In the Matter of Patricia D. (Anonymous). Administration for Children's Services, respondent; Debra D. T. (Anonymous), et al., appellants. (Proceeding No. 4 ) (Docket Nos. B-11446/02, B-11448/02, B-11447/02, N-4878/96, N-4879/96, N-4880/96, N-4881/96)
| SCHEDULING ORDER |
ORDERED that the scheduling order in the above-entitled proceeding dated February 10, 2005, is amended to reflect that the appellant Debra D. T. appeals from five orders of the Family Court , Queens County, dated May 31, 2004 (Appellate Division Docket No 2005-01155), October 21, 2004 (Appellate Division Docket No. 2005-01156), November 18, 2004 (Appellate Division Docket No. 2005-01085), and two dated November 30, 2004 (Appellate Division Docket Nos. 2005-01086 and 2005- 01154), and the appellant Wayne T. appeals from the three orders dated May 31, 2004, October 21, 2004, November 18, 2004, respectively, and the order dated November 30, 2004, issued in Proceeding No. 1, under Family Court Docket No. B-11446/02 (Appellate Division Docket No. 2005- 01086).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22240
M/nal
|
2005-01847 In the Matter of Patricia E. Tahaney, respondent, v James E. Van Slyke, appellant. (Docket No. F-00509-03)
| SCHEDULING ORDER |
Appeal by James E. Van Slyke from an order of the Family Court, Suffolk County, dated January 25, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22189
M/nal
|
2005-01784 In the Matter of Vanessa Thomas, respondent, v Jahmar Shaddi, appellant. (Docket No. O-16415-04)
| SCHEDULING ORDER |
Appeal by Jahmar Shaddi from an order of the Family Court, Queens County, dated January 26, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22185
M/nal
|
2005-01758 In the Matter of Eric Tompkins, respondent, v Bridgette Kellar, appellant. (Docket No. V-26-05)
| SCHEDULING ORDER |
Appeal by Bridgette Kellar from an order of the Family Court, Suffolk County, dated January 21, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22243
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10744
In the Matter of Vicky Warwick, appellant, v Edward Warwick, respondent. (Docket No. U-6305-94)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Dutchess County, dated October 27, 2004, as a poor person, and for the assignment of counsel.
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., S. MILLER, LUCIANO, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21896
F/
ROBERT A. LIFSON, J.
|
2005-01005 The People, etc., plaintiff, v Patrick Hermanowski, defendant. (Ind. Nos. 00-00500, 00-00799, S.C.I. No. 01-00349)
| 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 County Court, Orange County, dated December 10, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M22242
S/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-01683 The People, etc., respondent, v Frederick Lee, appellant. (Ind. No. 68/95)
| DECISION & ORDER ON MOTION |
Appeal by Frederick Lee from an order of the County Court, Dutchess County, dated December 15, 2004.
Now, upon the court's own motion, it is
ORDERED that the appellant and the respondent show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated December 15, 2004, is not appealable by right or by permission (see CPL 450.10; 450.15) by each filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 8, 2005; 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, by ordinary mail pursuant to CPL 470.60(2), and the District Attorney, by regular mail.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22226
C/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
DAVID S. RITTER
FRED T. SANTUCCI, JJ.
|
2004-03725 The People, etc., respondent, v Robert Poole, appellant. (Index No. 4902/86)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue his application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated October 16, 1989 (People v Poole, 154 AD2d 560), affirming a judgment of the Supreme Court, Queens County, rendered September 8, 1987, which was denied by decision and order of this court dated September 13, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, RITTER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22313
S/sl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
FRED T. SANTUCCI
STEPHEN G. CRANE, JJ.
|
2003-07559 The People, etc., respondent, v Michael Reedy, appellant.
(Ind. No. 2433/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 7, 2003, in the above-entitled case is amended by deleting the final decretal paragraph thereof and substituting therefor the following decretal paragraph:
"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."
ADAMS, J.P., COZIER, SANTUCCI and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court