Appellate Division: Second Judicial Department
M22425
J/sl
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2004-06385
Robert J. Binette, respondent, v Cheryl L. Binette-Acker, appellant. (Index No. 2213/95)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated June 22, 2004.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the appellant's reply brief shall be served and filed on or before March 17, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22345
R/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2004-08788 Hugo Giannotti, appellant, v Mercedes Benz U.S.A., LLC, et al., respondents, et al., defendants.
(Index No. 023472/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated August 31, 2004, inter alia, for leave to serve and file a supplemental record containing a copy of an order of the same court dated November 18, 2004, and the motion papers which resulted in that order, and to enlarge the time to serve and file a brief on the appeal, and cross motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of the appeal and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondents' brief is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief and supplemental record containing the order dated November 18, 2004, and the motion papers which resulted in that order, is enlarged until April 5, 2005, and the respondents' brief and supplemental record must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to stay all proceedings in the above-entitled action pending hearing and determination of the appeal is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion and cross motion are otherwise denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22421
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2004-08228
Johnny Huggins, appellant, v Parkset Plumbing Supply, Inc., et al., respondents. (Index No. 7723/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 9, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22353
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
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2005-01460, 2005-01905 Jerry Juste, respondent, v Anna Niewdach, appellant. (Index No. 20736/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Kings County, dated December 1, 2004, and a judgment of the same court entered January 5, 2005, to stay the enforcement of the judgment pending hearing and determination of the appeals.
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 enforcement of the judgment is stayed pending hearing and determination of the appeals on condition that (1) the appeals are perfected on or before April 8, 2005, and (2) on or before April 8, 2005, the appellant post an undertaking in the sum of $5,000 on terms that, in the event that the order and the judgment appealed from, or any part of them are affirmed, or the appeals are dismissed, the movant shall pay the amount directed to be paid by the judgment, or the part of it as to which the judgment or order is affirmed; and it is further,
ORDERED that in the event the above conditions are not complied with, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22459
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2005-00522
Dominick Servidio, appellant, v Tanya Linzalone Servidio, respondent. (Index No. 203472-02)
| ORDER TO SHOW CAUSE |
Appeal by Dominick Servidio from an order of the Supreme Court, Nassau County, dated December 6, 2004. By scheduling order dated January 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 25, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22430
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2004-07913 Wells Fargo Home Mortgage, Inc., f/k/a Northwest Mortgage, Inc., plaintiff-respondent, v Andrea Mercer, defendant-respondent, et al., defendants; Shameena Chowdury, nonparty-appellant. (Index No. 5231/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22451
E/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2004-06596 In the Matter of AT&S Transportation, LLC, respondent, v Odyssey Logistics & Technology Corp., appellant. (Index No. 2054/04)
| DECISION & ORDER ON MOTION |
Motion by Mark S. Gregory, an attorney in good standing in the State of Connecticut, to be admitted pro hac vice to represent the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 28, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22453
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2004-01829, 2004-01920 In the Matter of Justin Henry B. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Fantaisha Niasha Patricia C. (Anonymous). St. Vincent's Services, respondent; Tawana C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-13439/00, B-13440/00)
| SCHEDULING ORDER |
Appeals by Tawana C. from two orders of the Family Court, Kings County, both dated January 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 13, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until March 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22426
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2005-00429
In the Matter of Lathaniel B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David W. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of David W. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David W. (Anonymous), appellant, et al., respondent. (Proceeding No.2 ) (Docket Nos. N-1221-03, N-1222-03)
| ORDER TO SHOW CAUSE |
Appeal by David W. from an order of the Family Court, Suffolk County, dated December 20, 2004. By scheduling order dated January 27, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 27, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22359
F/
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2003-10783
In the Matter of Brittney (Anonymous). Lisa Z. (Anonymous), etc., et al., respondents; Frederick C. (Anonymous), appellant. (Proceeding No. 1) (Docket No. A-2745-03) 2004-01792 In the Matter of Lisa Z. (Anonymous), etc., et al., respondents, v Frederick C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. V-4863-96)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Renewed motion by the attorney for the respondent Lisa Z. to be relieved of an assignment to represent the respondent on appeals from two orders of the Family Court, Dutchess County, dated November 3, 2003, and January 29, 2004, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the attorney for the respondent Lisa Z, Martin C. Prinner, Esq., 11 Market Street, Suite 214, Poughkeepsie, New York 12601, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent Lisa Z:
Del Atwell, Esq.
P.O. Box 2516
Montauk, New York 11954
(631) 267-2067
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22429
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2005-00673
In the Matter of Mike Cartagena, appellant, v Marie E. Duenas, respondent. (Docket No. V-02055-04)
| ORDER TO SHOW CAUSE |
Appeal by Mike Cartagena from an order of the Family Court, Richmond County, dated December 13, 2004. By scheduling order dated January 27, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 27, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22428
M/nal
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2005-00778
In the Matter of Steven DiGiorgi, appellant, v Carolyn Buda, respondent. (Docket No. F-10330-04)
| ORDER TO SHOW CAUSE |
Appeal by Steven DiGiorgi from an order of the Family Court, Suffolk County, dated December 16, 2004. By scheduling order dated January 27, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 27, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22462
M/nal
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2005-00150
In the Matter of E. S., respondent, v P. D., appellant. (Index No. 00009-03)
| ORDER TO SHOW CAUSE |
Appeal by P. D from an order of the Supreme Court, Suffolk County, dated December 1, 2004. By scheduling order dated January 24, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 24, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22406
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN, JJ.
|
2003-10028
In the Matter of Scott B. Feiden, admitted as Scott Bruce Feiden, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Scott B. Feiden, respondent. (Attorney Registration No. 2185536)
| DECISION & ORDER ON APPLICATION |
Application by the Grievance Committee for the Ninth Judicial District for an order authorizing it to serve a second supplemental petition of charges upon the respondent. By decision and order on motion of this court dated April 1, 2004, (1) pursuant to 22 NYCRR 691.4(l)(1)(i), the respondent was immediately suspended from the practice of law in the State of New York; (2) the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent; and (3) the issues raised were referred to the Honorable William C. Thompson, as Special Referee to hear and report. By decision and order on application of this court dated December 9, 2004, (1) the Grievance Committee was authorized to supplement the previously authorized petition with additional Charges nine through thirteen, as set forth in the supplemental petition dated September 9, 2004; (2) the respondent was directed to serve upon the petitioner and the Special Referee, an answer to the supplemental petition within 20 days of the date of the decision and order on application and file the original supplemental answer in the office of the Clerk; and (3) the issues raised were referred to the Honorable William C. Thompson, as Special Referee, to hear and to submit his report on the supplemental charges as well as on the earlier charges. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 13, 1988, under the name Scott Bruce Feiden.
Upon the papers submitted with respect to the application, it is
ORDERED that the application by the Grievance Committee for the Ninth Judicial District to further supplement the previously authorized supplemental petition with additional Charges 14 through 16, as set forth in the second supplemental petition dated December 2, 2004, is granted; and it is further,
ORDERED that the respondent is directed to serve upon the petitioner and the Special Referee, an answer to the second supplemental petition within 20 days, and file the original answer in the office of the Clerk of this court; and it is further,
ORDERED that the issues raised by the second supplemental petition and any answer thereto are referred to the Honorable William C. Thompson, as Special Referee, to hear and to submit his report on the second supplemental charges as well as on the earlier charges.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22437
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2005-00440
In the Matter of Miosotis A. Feliz, respondent, v Julio C. Rojas, appellant. (Docket No. F-03536-02)
| ORDER TO SHOW CAUSE |
Appeal by Julio C. Rojas from an order of the Family Court, Westchester County, dated December 13, 2004. By scheduling order dated January 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 25, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22441
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2005-00417
In the Matter of Andrea M. Gibbs, respondent, v Melvin Gibbs III, appellant. (Docket No. F-10664/93)
| ORDER TO SHOW CAUSE |
Appeal by Melvin Gibbs III from an order of the Family Court, Queens County, dated October 19, 2004. By scheduling order dated January 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 25, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22456
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2004-03961 In the Matter of Joshua Halpern, respondent, v Frances Halpern, appellant. (Docket Nos. V-28306-02, V-28307-02)
| SCHEDULING ORDER |
Appeal by Frances Halpern from an order of the Family Court, Kings County, dated April 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 11, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until March 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22439
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2005-00420
In the Matter of Eliza Iosilevich, appellant, v Mark Zauelin, respondent. (Docket No. O-16244-04)
| ORDER TO SHOW CAUSE |
Appeal by Eliza Iosilevich from an order of the Family Court, Queens County, dated December 15, 2004. By scheduling order dated January 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 25, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22407
M/nal
|
2005-00863
In the Matter of Juliane M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matthew M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-16712/01, N-16713/01)
| ORDER TO SHOW CAUSE |
Appeal by Andrew M. from an undated order of the Family Court, Queens County issued in 2004. By scheduling order dated February 1, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated February 1, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22447
M/nal
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2004-11003, 2004-11004
In the Matter of Mary Jocelyn M. (Anonymous). Administration for Children's Services, petitioner-respondent; Geto M. (Anonymous), et al., appellants. (Docket No. N- 07531-01)
| ORDER TO SHOW CAUSE |
Appeals by Jocelyn M. from two orders of the Family Court, Kings County, dated July 23, 2004, and December 3, 2004, respectively. By scheduling order dated January 10, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 10, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22405
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-03112
In the Matter of Charles Rudd Mackenzie, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; Charles Rudd Mackenzie, respondent. (Attorney Registration No. 2653954)
| DECISION & ORDER ON APPLICATION |
Application by the Grievance Committee for the Ninth Judicial District pursuant to Judiciary Law § 90[7] for leave to institute and prosecute a disciplinary proceeding against the respondent, for acts of professional misconduct alleged in the Grievance Committee's memorandum dated December 23, 2004. The Grievance Committee has also informed the court that by order of the Supreme Court, Westchester County (Donovan, J.), dated August 1, 2003, after a hearing, the respondent was: a) held in criminal contempt of court for his willful violation of an order of that same court dated June 19, 2003; b) sentenced to a term of imprisonment of 30 days or until he deposited the balance of certain fees and disbursements received by him in the amount of $52,073.34 with the Westchester County Treasurer; and c) fined $250. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on January 24, 1995.
Upon the papers submitted to the court, it is
ORDERED that the respondent, Charles Rudd Mackenzie, is immediately suspended from the practice of law as a result of his conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,
ORDERED that the respondent, Charles Rudd Mackenzie, shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Charles Rudd Mackenzie, is commanded to desist and refrain from(1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,
ORDERED that on the court's own motion, the Grievance Committee for the Ninth Judicial District is hereby authorized to institute and prosecute a disciplinary proceeding in this court, as petitioner, against the said Charles Rudd Mackenzie, based on his conviction of a serious crime; and it is further,
ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, Suite 200, White Plains, N.Y. 10603, is hereby appointed as attorney for the petitioner in such proceeding; and it is further,
ORDERED that within 30 days after receipt of a copy of this decision and order on application, the petitioner Grievance Committee shall serve upon the respondent and the Special Referee and file with this court a petition; and it is further,
ORDERED that within 20 days after service upon him of the petition, the respondent, Charles Rudd Mackenzie, shall serve an answer upon the petitioner and the Special Referee, and file the original answer in the office of the Clerk of this court; and it is further,
ORDERED that the issues raised by the petition and any answer thereto are referred to the Honorable William D. Friedmann, a retired Associate Justice of the Appellate Division, Second Judicial Department, 4 Martine Avenue, White Plains, N.Y. 10606, as Special Referee to expeditiously hear and report, together with his findings on the issues; and it is further,
ORDERED that if the respondent, Charles Rudd Mackenzie, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 691.10(f); and it is further,
ORDERED that the Grievance Committee's ex parte application for authorization to institute and prosecute and disciplinary proceeding is denied as unnecessary in light of our determination regarding the respondent's conviction of a serious crime.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22369
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10611 In the Matter of Luis Felipe Martinez, appellant, v Leslie Torres, respondent.
(Docket No. F-1193-95)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated November 17, 2004, 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 branches of the motion which are for a free transcript and waiver of the filing fee are denied; and it is further,
ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22452
M/nal
|
2004-06641 In the Matter of Dalessa Mc. (Anonymous), appellant. (Docket No. D-5918-04)
| SCHEDULING ORDER |
Appeal by Dalessa Mc. from an order of the Family Court, Kings County, dated July 19, 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22483
E/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-08056, 2004-08154 In the Matter of Patrice Mc. (Anonymous), appellant. (Docket No. D-00013-04)
| DECISION & ORDER ON MOTION |
Appeals by Patrice Mc. from two orders of the Family Court, Nassau County, dated June 16, 2004, and August 17, 2004, respectively. By decision and order on motion of this court dated February 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 as abandoned.
On the court's own motion, and no papers having been filed in response to the decision and order on motion of this court dated February 7, 2005, it is
ORDERED that the appeal in the above-entitled proceeding is dismissed as abandoned, without costs or disbursements.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22377
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
1990-01442
In the Matter of Denis J. McClure, a disbarred attorney. (Attorney Registration No. 1392737)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Denis J. McClure, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 17, 1965. By decision and order on motion of this court dated December 11, 1989, the respondent was suspended from the practice of law pending the outcome of a disciplinary proceeding. By further decision and order on motion of this court dated November 1, 1990, the issues were referred to a Special Referee to hear and report. By opinion and order dated May 31, 1991, the respondent's resignation was accepted and he was immediately disbarred and his name stricken from the roll of attorneys and counselors-at-law.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to: (a) the matter of the respondent's failure to reimburse the Lawyers' Fund and to obtain a more definitive estimate as to when he will pay the outstanding balance; (b) whether he previously was admitted to practice in the Eastern District of New York and was disbarred; (c) obtaining details of the pending action against him and Tire Derived Products, Inc., predecessor to his son's current company; and (d) making further inquiry regarding the closing of the respondent's practice and the disposition of client files and cases.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22457
M/nal
|
2005-00308
In the Matter of Penelope J. Morris, respondent, v Biagi Ceesay, a/k/a Marie Biagi Ceesay, appellant. (Docket No. F-10685-04)
| ORDER TO SHOW CAUSE |
Appeal by Biagi Ceesay, a/k/a Marie Biagi Ceesay from an order of the Family Court, Westchester County, dated December 6, 2004. By scheduling order dated January 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 25, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22408
M/nal
|
2005-00415
In the Matter of Esther Moses, appellant, v Joshua Rosenbaum, respondent. (Docket Nos. V-32927-04, V-32928-04)
| ORDER TO SHOW CAUSE |
Appeal by Esther Moses from an order of the Family Court, Kings County, dated December 15, 2004. By scheduling order dated January 31, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 31, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22401
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2005-00416 In the Matter of John Murray, appellant, v Robert Dennison, respondent.
(Index No. 4252/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated December 14, 2004, 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 for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee are denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22446
M/nal
|
2004-00884 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-101-02) In the Matter of Nicholas K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-102-02) In the Matter of Tabitha K. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-103-02)
| SCHEDULING ORDER |
Appeal by Lillian O. from an order of the Family Court, Westchester County, dated December 29, 2003. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's and the law guardian's time to serve and file their briefs on the appeal is enlarged until March 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22422
M/nal
|
2004-08091 In the Matter of Athinkakis Pericleous, appellant, v Moska Megaris, respondent. (Docket No. F-10572-02)
| SCHEDULING ORDER |
Appeal by Athinkakis Pericleous from an order of the Family Court, Suffolk County, dated July 13, 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 29, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22436
M/nal
|
2005-00650
In the Matter of Dana Prible, appellant, v Robert Prible, respondent. (Docket No. F-2779-98)
| ORDER TO SHOW CAUSE |
Appeal by Dana Prible from an order of the Family Court, Suffolk County, dated December 17, 2004. By scheduling order dated January 25, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 25, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22427
M/nal
|
2004-06022, 2004-06023 In the Matter of Ashey Lorraine R. (Anonymous). St. Christopher Otillie, respondent; Ida C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Bryant C. (Anonymous). St. Christopher Otillie, respondent; Ida C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-18552/02, B-18553/02)
| SCHEDULING ORDER |
Appeals by Ida C. from two orders of the Family Court, Kings County, both dated June 4, 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 appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until April 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22440
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-07869, 2004-07870, 2004-07871 In the Matter of William Michael S. (Anonymous), a/k/a William S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Bill Eugen S. (Anonymous), a/k/a Bill S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Diana S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-15311/03, B-15312/03, B-15313/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 1, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute appeals from three orders of the Family Court, Kings County, all dated August 19, 2004, and for leave to prosecute the appeal pro se, for summary reversal, to be provided with an interpreter, and for leave to subpoena certain individuals. On October 26, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted and the following named attorney was assigned as counsel to prosecute the appeal:
Edward E. Caesar, Esq.
26 Court Street - Suite 2401
Brooklyn, New York 11201-4404
(718) 246-2712
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are to relieve counsel assigned to prosecute the appeals and for leave to prosecute the appeals pro se are granted; and it is further,
ORDERED that the assigned counsel is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this court, for delivery to the appellant pro se; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22379
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
DAVID S. RITTER, JJ.
|
2003-02311
In the Matter of Jeffrey A. Siegel, a disbarred attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Jeffrey A. Siegel, respondent. (Attorney Registration No. 2053866)
| DECISION & ORDER ON MOTION |
Motion by Catherine Sammartino, Esq., the court appointed conservator in this matter, for an order (1) discharging her as conservator, and (2) authorizing the Grievance Committee for the Second and Eleventh Judicial Districts to take possession of the remaining files to be destroyed at the Grievance Committee's discretion. By decision and order on motion of this court dated May 19, 2003, the respondent, Jeffrey A. Siegel, was suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) and (ii) based upon his failure to comply with the Grievance Committee's lawful demands, as well as substantial admissions under oath that he committed an act or acts of professional misconduct immediately threatening the public interest. In the course of that order, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, and Catherine Sammartino, Esq., was appointed as conservator to inventory the files of the respondent and to take such action as was deemed proper and advisable to protect the interests of the respondent's former clients. By decision and order on motion of this court dated May 27, 2003, the Grievance Committee was authorized to serve a supplemental petition upon the respondent and the issues raised therein were referred to Special Referee Clabby along with charges previously referred to him. By opinion and order of this court dated December 1, 2003, the respondent was disbarred on default and his name stricken from the roll of attorneys and counselors-at-law.
Upon the papers submitted in support of the motion, it is
ORDERED that the motion is granted and Catherine Sammartino, Esq., is hereby discharged of her duties to inventory the respondent's files; and it is further,
ORDERED that the Grievance Committee for the Second and Eleventh Judicial Districts is authorized to take possession of the remaining files for storage or destruction where appropriate.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22449
M/nal
|
2005-00194
In the Matter of Todd C. Stumpf, respondent, v Marie Stumpf, appellant. (Docket No. F-06682-04)
| ORDER TO SHOW CAUSE |
Appeal by Marie Stumpf from an order of the Family Court, Suffolk County, dated November 24, 2004. By scheduling order dated January 21, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated January 21, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before March 28, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22448
M/nal
|
2004-06410 In the Matter of Sheneika V. (Anonymous). Administration for Children's Services, respondent; Gary V. (Anonymous), appellant. (Docket No. N-16366-03)
| SCHEDULING ORDER |
Appeal by Gary V. from an order of the Family Court, Kings County, dated July 9, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 10, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until April 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22357
F/
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-06438 In the Matter of Oscar Villa, appellant, v Monica Castano, respondent. (Docket Nos. V-919-02, V-07230-02)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from an order of the Family Court, Queens County, dated June 28, 2004, 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 motion is denied, with leave to renew on or before April 12, 2005 upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22419
M/nal
|
2004-04858 In the Matter of Jabari W. (Anonymous), appellant. (Docket No. D-20202/03)
| SCHEDULING ORDER |
Appeal by Jabari W. from an order of the Family Court, Queens County, dated January 28, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until April 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22352
F/
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-05031
In the Matter of Dawn Wertz, appellant, v Joseph L. Ruggio, Jr., et al., respondents. (Docket No. V-5477-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Orange County, dated March 11, 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:
Del Atwell, Esq.
P. O. Box 2516
Montauk, New York 11954
(631) 548-8463
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.
ADAMS, J.P., SANTUCCI, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22360
F/
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-10384 The People, etc., respondent, v Alexander Bermudez, appellant. (Ind. No. 1611/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered March 25, 2004, 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 motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22365
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-03840 The People, etc., respondent, v Calvin L. Dallas, Jr., appellant.
(Ind. No. 116/03)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered April 23, 2004, and for the assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on June 8, 2004, and October 27, 2004, respectively, and the following named attorney was assigned to prosecute the appeal:
Ethel P. Ross, Esq.
P. O. Box 347 - Route 35
Cross River, New York 10518
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; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1 et seq.) and written directions.
ADAMS, J.P., KRAUSMAN, RIVERA, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22403
S/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO, JJ.
|
2003-04619 The People, etc., respondent, v Hassan Hayes, appellant.
(Ind. No. 1158/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 22, 2004, 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."
PRUDENTI, P.J., ADAMS, KRAUSMAN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22404
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2003-09930, 2004-05799 The People, etc., respondent, v Walter Hughley, appellant.
(Ind. No. 10169/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 18, 2005, 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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions."
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22349
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00682
The People, etc., respondent, v Cindy Lohmeyer, appellant. (Ind. No. 02-04055)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 16, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M22350
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-09227
The People, etc., respondent, v Brian Pizetzky, appellant. (Ind. No. 2987-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 28, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
132 Longfellow Drive
Kings Park, New York 11754
Appellate Division: Second Judicial Department
M22363
F/
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2003-05305 The People, etc., respondent, v Rodney Postell, appellant. (Ind. No. 02-00032)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered April 9, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on January 21, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Mitchell I. Weingarden, Esq.
81 Main Street - Suite 300
White Plains, New York 10601
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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Anthony M. Giordano, Esq.
100 Executive Blvd. - Suite 204
Ossining, New York 10562
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
ADAMS, J.P., SANTUCCI, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 2288
Upstate Corr. Fac.
P.O. Box 2000
Malone, New York 12953
Appellate Division: Second Judicial Department
M22402
S/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-08249 The People, etc. respondent, v Dennis Wellington, appellant. (Ind. No. 253/87)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decisions and orders on motion dated November 3, 2004, and December 17, 2004, respectively, in the above-entitled case are amended by deleting from the preambles thereof the date "May 31, 1998," and substituting therefor the date "May 31, 1988".
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court