Appellate Division: Second Judicial Department
M22465
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-01671 Aleksandr Belenkiy, et al., respondents, v Leonard Mazzarisi, Jr., appellant, et al., defendants.
(Index No. 12493/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 12, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22487
R/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-00276 Frank Caputo, respondent, v Margaret Caputo, defendant, Mary Thomas, et al., appellants.
(Index No. 13055/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated November 24, 2004, on the ground that the notice of appeal was not timely served, and separate motion by the appellants to extend their time to serve the notice of appeal and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the notice of appeal is deemed amended to reflect that the defendants Mary Thomas and Eleanor Rush are the appellants and that the appeal is being taken to the Appellate Division, Second Department (see Matter of Tagliaferri, 1 NY3d 605); and it is further,
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the appellants' motion which is to extend the appellants' time to serve the notice of appeal is granted and on or before March 23, 2005, the appellants' shall serve and file an amended notice of appeal reflecting that the defendants Mary Thomas and Eleanor Rush are the appellants and that the appeal is being taken to the Appellate Division, Second Department; and it is further,
ORDERED that the branch of the appellants' motion which is for a stay is denied.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22505
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
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2005-01609 Frank Doddato, et al., respondents, v John Peters, etc., et al., appellants. (Index No. 17089/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants, 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, Nassau County, dated January 6, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22528
A/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
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2004-05857 Midge Elinor, etc., et al., appellants, v Mark Josefsberg, et al., respondents. (Index No. 3048/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 27, 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 it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until April 7, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
H. MILLER, J.P., RITTER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22545
S/sl
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2004-07923
Wilhelmina D. Hudson, respondent, v New York City Transit Authority, et al., appellants. (Index No. 6448/98)
| 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 August 13, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 16, 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
M22504
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-09621 Joan Israel, et al., respondents, v Fairharbor Owners, Inc., et al., appellants. (Index No. 5155/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated September 29, 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., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22543
S/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2004-07277, 2004-10262 John Kingston, etc., respondent, v Michael Breslin, et al., appellants. (Index No. 17041/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 4, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent on appeals from two orders of the Supreme Court, Westchester County, entered May 27, 2004, and October 29, 2004, respectively, to assign this case to this court's "active management" program pursuant to 22 NYCRR 670.4(a)(1), to consolidate the appeals, for leave to file one respondent's brief on both appeals, and to enlarge the time to file a respondent's brief on the appeal from the order entered May 27, 2004 (Appellate Division Docket No. 2004-07277).
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 consolidate the appeals is granted to the extent that the appeals shall be calendared together and argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondent shall serve and file a brief on the appeal pending under Appellate Division Docket No. 2004-07277 on or before April 8, 2005; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22531
PL/sl
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2004-00800 Solomon Mesholam, appellant, v Isabelle Helen Mesholam, respondent. (Index No. 21826/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, entered March 11, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 11, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22525
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2005-00189 Montgomery Group, LLC, respondent, v Town of Montgomery, et al., appellants.
(Index No. 5988/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Orange County, dated December 6, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as an automatic stay pursuant to CPLR 5519(a)(1) is in effect (see Matter of Pokoik v Department of Health Servs. Of County of Suffolk, 220 AD2d 13).
H. MILLER, J.P., RITTER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22544
S/sl
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2004-06916
Tatyana Shpakovskaya, appellant, v Wilfred Etienne, et al., respondents. (Index No. 46284/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 7, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 5, 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
M22527
S/sl
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2004-07540
Manuel Sucuzhanay, plaintiff respondent-appellant, v Brian Lancaster, et al., defendants third-party plaintiffs appellants-respondents, DNA Construction, defendant third-party defendant second-third-party plaintiff appellant-respondent; Metras Construction Corp., second-third-party defendant-respondent. (Index No. 10699/00)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated February 23, 2005, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and a cross appeal from an order of the Supreme Court, Kings County, dated June 2, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect their appeals is enlarged until April 1, 2005, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the plaintiff respondent-appellant shall serve and file his answering brief, including his points of argument on his cross appeal, on or before May 6, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondent shall serve and file its brief on or before June 13, 2005; and it is further,
ORDERED that the appellants-respondents shall serve and file their respective reply briefs, including their responses to the respondent-appellant's brief and their replies to the respondent's brief, on or before July 18, 2005; and the respondent-appellant shall serve and file his reply brief on or before July 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22523
A/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-09423, 2005-02011 Wells Fargo Bank Minnesota, etc., respondent, v Harold D. House, et al., appellants, et al., defendants.
(Index No. 1604/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay a foreclosure sale of certain real property, pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, dated September 1, 2004, and a judgment of the same court entered January 19, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22518
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-00062, 2005-02030 Wells Fargo Bank, Minnesota NA, etc., respondent, v Valerie Donnelly, appellant, et al., defendants. (Index No. 11112/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Richmond County, entered January 14, 2005, pending hearing and determination of appeals from the judgment and an order of the same court dated November 12, 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 on the court's own motion, the appellant's notice of appeal from the order is deemed to also be a notice of appeal from the judgment (see CPLR 5501[c]); and it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeals is enlarged until July 18, 2005.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22416
M/nal
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2005-00193 In the Matter of Brandon C. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Ellen C. (Anonymous), appellant, et al., respondents. (Docket No. N-5131-03)
| SCHEDULING ORDER |
Appeal by Ellen C. from an order of the Family Court, Orange County, dated August 11, 2004. By decision and order on motion of this court dated March 3, 2005, the following attorney was assigned as counsel on the appeal:
Richard L. Herzfeld, Esq.
555 5th Avenue - 14th Floor
New York, New York 10007
(212) 818-9019
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March 3, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M22414
M/nal
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2004-10296 In the Matter of Justina Rose D. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Charlotte D. (Anonymous) et al., appellants. (Docket Nos. B-3636-04, B-3638-04)
| SCHEDULING ORDER |
Appeal by Howard D. from an order of the Family Court, Suffolk County, dated November 17, 2004. By decision and order on motion of this court dated March 3, 2005, the following attorney was assigned as counsel on the appeal for the appellant Charlotte D.:
Susan DeNatale, Esq.
501 William Floyd Parkway
Shirley, New York 11967
(631) 902-2001
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March 3, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M22454
M/nal
|
2004-09936 In the Matter of Andrew Fisher, respondent, v Christine DeFlora, appellant. (Docket No. V-04274-98)
| SCHEDULING ORDER |
Appeal by Christine DeFlora from an order of the Family Court, Suffolk County, dated October 8, 2004. By decision and order on motion of this court dated February 24, 2005, the following attorney was assigned as counsel on the appeal:
Arza R. Feldman, Esq.
626 EAB Plaza
West Tower - 6th Floor
Uniondale, New York 11556
(516) 522-2828
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated February 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22506
Y/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-10141 In the Matter of Jose I. (Anonymous), Jr. Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-20947/00) In the Matter of Tiana E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-20948/00) In the Matter of Jessica E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-20949/00) In the Matter of Joseph N. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-20950/00) In the Matter of Deborah E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 5) (Docket No. N-20951/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 13, 2004, which determined an appeal from an order of disposition of the Family Court, Kings County, dated October 9, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22460
M/nal
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2004-10297 In the Matter of Kayla M. (Anonymous). Suffolk County Department of Social Services, respondent; Elizabeth G. (Anonymous), appellant. (Docket No. N-02109-04)
| SCHEDULING ORDER |
Appeal by Elizabeth G. from an order of the Family Court, Suffolk County, dated November 1, 2004. By decision and order on motion of this court dated February 24, 2005, the following attorney was assigned as counsel on the appeal:
Stephen R. Hellman, Esq.
1235 Montauk Highway
Mastic, New York 11950
(631) 395-5500
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated February 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M22484
M/nal
|
2004-00546 In the Matter of Katherine Oliphant, respondent, v Bryan Oliphant, appellant. (Docket No. F-10331/02)
| SCHEDULING ORDER |
Appeal by Bryan Oliphant from an order of the Family Court, Westchester County, dated December 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 3, 2004. The respondent's brief was served and filed 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 appellant's time to serve and file a reply brief on the appeal is enlarged until March 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22463
M/nal
|
2004-07872 In the Matter of Enrique P. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Laydia S. (Anonymous), appellant, Michael S. (Anonymous), respondent-respondent, et al., respondents. (Proceeding No. 1) In the Matter of Alexa P. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Laydia S. (Anonymous), appellant, Michael S. (Anonymous), respondent-respondent, et al., respondents. (Proceeding No. 2) In the Matter of Fantaysia L. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Laydia S. (Anonymous), appellant, Michael S. (Anonymous), respondent-respondent, et al., respondents. (Proceeding No. 3) (Docket Nos. N-11934-03, N-11935-03, N-11936-03, N-32361-03, N-32362-03, N-32363-03)
| SCHEDULING ORDER |
Appeal by Laydia P. from an order of the Family Court, Kings County, dated August 12, 2004. By decision and order on motion of this court dated February 22, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled 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 20 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 20 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
M22455
M/nal
|
2004-11329 In the Matter of Liam Frances P. (Anonymous). Administration for Children's Services, respondent; George S. (Anonymous), appellant. (Docket No. B-14879/03)
| SCHEDULING ORDER |
Appeal by George S. from an order of the Family Court, Kings County, dated November 19, 2004. By decision and order of this court dated February 24, 2005, the following attorney was assigned as counsel on the appeal:
Zvi Ostrin, Esq.,
130 7th Avenue, Suite 206
New York, New York 10011
(212) 604-9170
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated February 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22410
M/nal
|
2004-10614 In the Matter of Franklyn Richards, respondent, v Carla Campbell, appellant. (Docket No. V-03953-01)
| SCHEDULING ORDER |
Appeal by Carla Campbell from an order of the Family Court, Kings County, dated October 15, 2004. By decision and order on motion of this court dated March 3, 2005, the following attorney was assigned as counsel on the appeal:
Salvatore Adamo, Esq.
PMB 40
350 Fifth Avenue - Suite 3304
New York, New York 10118
(212) 964-7983
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March 3, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22517
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-00336 In the Matter of Robert Toussie, et al., appellants, v County of Suffolk, respondent. (Index No. 9048/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Suffolk County, dated November 26, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22461
M/nal
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2004-10314 In the Matter of Michael Unique W. (Anonymous). Lakeside Family and Children's Services, Inc., petitioner-respondent; Michael Anthony W. (Anonymous), appellant, et al., respondent. (Docket No. B-14897/02)
| SCHEDULING ORDER |
Appeal by Michael Anthony W. from an order of the Family Court, Queens County, dated October 25, 2004. By decision and order on motion of this court dated February 24, 2005, the following attorney was assigned as counsel on the appeal:
Lewis S. Calderon, Esq.
90-50 Parsons Blvd. - Suite 405
Jamaica, New York 11432
(718) 883-1560
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated February, 24 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M22444
M/nal
|
2005-00186 In the Matter of Douglas Z. Winokur, appellant, v Jill Winokur, respondent. (Docket No. F-00231-02)
| SCHEDULING ORDER |
Appeal by Douglas Z. Winokur from an order of the Family Court, Westchester County, dated November 23, 2004. By decision and order on motion of this court dated February 28, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal 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
M22399
F/
WILLIAM F. MASTRO, J.
|
2005-00982 The People, etc., plaintiff, v Aretha Atkinson, defendant. (Ind. No. 4447/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 31, 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.
WILLIAM F. MASTRO
Associate Justice
Appellate Division : Second Judicial Department
M22508
F/
DAVID S. RITTER, J.
|
2004-10289 The People, etc., plaintiff, v Eric Jenkins, defendant. (Ind. No. 486/94)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 2, 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M22325
K/sl
SONDRA MILLER, J.
|
2004-11260
The People, etc., respondent, v Moses McBride, appellant.
(Ind. No. 567/94)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 22, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated November 22, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
SONDRA MILLER
Associate Justice
Appellate Division : Second Judicial Department
M22509
F/
DAVID S. RITTER, J.
|
2004-11068 The People, etc., plaintiff, v James Sorrentino, defendant. (Ind. No. 00-00563)
| 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 November 5, 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.
DAVID S. RITTER
Associate Justice
Appellate Division : Second Judicial Department
M21904
F/
SONDRA MILLER, J.
|
2005-00216 The People, etc., plaintiff, v Trent Taylor, defendant. (Ind. No. 273/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated December 21, 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.
SONDRA MILLER
Associate Justice
Appellate Division : Second Judicial Department
M22514
F/
GLORIA GOLDSTEIN, J.
|
2005-00755 The People, etc., plaintiff, v Earl Williams, defendant. (Ind. No. 855/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 30, 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division : Second Judicial Department
M22323
F/
ROBERT A. SPOLZINO, J.
|
2004-10688 The People, etc., plaintiff, v Eddie Yampierre, defendant. (Ind. No. 2290/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated October 22, 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. SPOLZINO
Associate Justice