Appellate Division: Second Judicial Department
M22424
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2004-07344
Robert Agins, plaintiff, Dorothy Agins, appellant, v Galindo General Construction Corp., respondent. (Index No. 26645/02)
| 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, Queens County, dated July 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 15, 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
M22443
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2004-06014 Theresa Anzolone, respondent, v Long Island Care Center, Inc., et al., defendants, Flushing Hospital and Medical Center, appellant. (Index No. 25928/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated May 20, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 13, 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
M22634
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2004-04026
Charles Arcamona, et al., respondents, v Monte J. Nussbaum, appellant, et al., defendant. (Index No. 5171/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated March 31, 2004.
ORDERED that the application is granted and the 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
M22534
C/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2003-05738, 2003-06543, 2003-10935 Brooklyn Navy Yard Development Corporation, etc., respondent, v J.M. Dennis Construction Corp., et al., appellants, et al., defendant. (Index No. 12622/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue appeals from two orders of the Supreme Court, Kings County, dated April 11, 2003, and October 23, 2003, respectively, and a judgment of the same court entered May 20, 2003, which were determined by decision and order of this court dated November 29, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
COZIER, J.P., RITTER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22582
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-04489 George Coakley, etc., appellant, v Parkway Hospital, et al., respondents (and a third-party action). (Index No. 28139/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 13, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22432
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2004-08135 Melissa Cuccurullo, appellant, v Joseph Cuccurullo, Jr., respondent. (Index No. 5136/98)
| SCHEDULING ORDER |
Appeal by Melissa Cuccurullo from an order of the Supreme Court, Richmond County, dated August 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 23, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22591
Y/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
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2004-04955, 2004-11314, 2005-01767 Amar Singh Daulat, appellant, v Helms Bros., Inc., respondent. (Index No. 9905/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated May 4, 2004 (Appellate Division Docket No. 2004-04955), and November 4, 2004 (Appellate Division Docket No. 2004-11314), respectively, and a judgment of the same court entered January 6, 2005 (Appellate Division Docket No. 2005-01767), to stay 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 on the court's own motion, the appeals from the order dated November 4, 2004 (Appellate Division Docket No. 2004-11314), and the judgment (Appellate Division Docket No. 2005-01767), are dismissed, without costs or disbursements, as no appeal lies from an order or judgment entered upon the default of the appealing party (see Lumbermen's Mut Cas. Co. v Fireman's Fund Am. Ins., Co., 117 AD2d 588); and it is further,
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
M22550
C/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2003-04412 Stephen T.B. Jablonski, respondent, v Carolyn A. Rapalje, et al., appellants. (Index No. 1897/96)
| DECISION & ORDER ON MOTION |
Separate motions by the appellants Robert A. McCaffrey Realty, Inc., and Robert A. McCaffrey, Linda Piermarini, and Carolyn A. Rapalje and John M. Rapalje, for leave to appeal to the Court of Appeals from a decision and order of this court dated January 10, 2005, which determined appeals from an order of the Supreme Court, Putnam County, dated May 8, 2003.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
FLORIO, J.P., H. MILLER, GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22616
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2004-08589
Louise Jennings, etc., respondent, v Piotr J. Gorecki, etc., et al., appellants. (Index No. 18412/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 27, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 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
M22485
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2004-05974
Kevin Josephson, et al., respondents, v John Kirkman, et al., defendants, Merrit Realty, et al., appellants. (Index No. 15312/02)
| ORDER ON APPLICATION |
Application by the appellant Merrit Realty pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 9, 2004. Separate application by the appellant Julia B. Free Real Estate for the same relief.
ORDERED that the applications are granted and the appellants' time to perfect their respective appeals is enlarged until April 25, 2005, and the joint record or appendix on the appeal and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22520
R/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
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2004-09482 Pauline LeBlanc, appellant, v Theodore M. Budman, et al., respondents.
(Index No. 22494/98)
| DECISION & ORDER ON MOTION Motions to Dismiss Appeal |
Separate motions by the respondents Laszlo Cser and Dani Tibor, and the respondents Theodore M. Budman and Superior Materials, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered August 9, 2004, in effect, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
H. MILLER, J.P., RITTER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22539
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2004-09094
Schiller Pantaleon, respondent, v Marlon Ogilivie, appellant, et al., defendants. (Index No. 13898/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 10, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 18, 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
M22595
Y/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2004-09102 Genevieve Peters, appellant, v 1625 East 13th Street Owners, Inc., et al., respondents. (Index No. 26569/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Kings County, dated September 22, 2004.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted, the appeal will be calendared expeditiously.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22546
C/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-09417, 2005-00174 Alex Stylianou, et al., appellants, v Incorporated Village of Old Field, respondent. (Index No. 14453/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants for a preference in the hearing and determination of appeals from two orders of the Supreme Court, Suffolk County, dated September 27, 2004, and December 2, 2004, respectively.
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
M22612
S/sl
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2004-07059
Ying Jung Chen, et al., respondents, v Lei Shi, et al., appellants. (Index No. 865/04)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 29, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 11, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22599
Y/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
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2003-11365 In the Matter of Reuben Avent, petitioner, v Rockland County Judge Kelly, et al., respondents. (Index No. 7520/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Rockland County, dated December 18, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and it is further,
ORDERED that the petitioner's time to perfect the proceeding is enlarged until May 3, 2005, and the petitioner's record or appendix and 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
M22442
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2004-05179 In the Matter of Virginia B. (Anonymous), appellant. (Docket No. E-5897-03)
| SCHEDULING ORDER |
Appeal by Virginia B. from an order of the Family Court, Queens County, dated January 23, 2004. The appellant's brief was filed in the office of the Clerk of this court 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 respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22418
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2004-08206 In the Matter of Albert A. Belbol, Jr., respondent, v Rachel Stevenson, a/k/a Rachel Nau, appellant. (Docket Nos. V-1138-00, V-1047-00)
| SCHEDULING ORDER |
Appeal by Rachel Stevenson, a/k/a Rachel Nau from an order of the Family Court, Nassau County, dated September 1, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 4, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22581
M/nal
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-10996
In the Matter of Janine Bradley, respondent, v Antonio B. Beneduce, appellant. (Docket No. F-15534-03)
| DECISION & ORDER ON MOTION |
Appeal by Antonio B. Beneduce from an order of the Family Court, Nassau County, dated November 19, 2004. By order to show cause dated February 8, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 28, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
On the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to comply with the scheduling order dated December 28, 2004, is enlarged until April 8, 2005.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22547
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2005-00554 In the Matter of Bronx Environmental Health and Justice, Inc., respondent, v New York City Department of Environmental Protection, appellant.
(Index No. 25754/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for an expedited briefing schedule on an appeal from an order of the Supreme Court, Queens 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.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22592
M/nal
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2004-04847, 2004-06574, 2004-06576
In the Matter of Zoila Cronin, respondent, v Michael Cronin, appellant. (Docket Nos. F-324/02, V-01114-02)
| ORDER TO SHOW CAUSE |
Appeals by Michael Cronin from three orders of the Family Court, Richmond County, dated May 6, 2004, June 21, 2004, and July 12, 2004, respectively. By decision and order on motion of this court dated December 28, 2004, the appellant's motion for leave to prosecute the above-entitled appeals as a poor person was denied. By scheduling order dated January 3, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 20 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 appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or
(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or
(4) an affidavit or an affirmation withdrawing the appeals.
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 appeals in the above-entitled proceeding for failure to comply with the scheduling order dated January 3, 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 29, 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
M22548
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2004-05895 In the Matter of Karyn Katrina D. (Anonymous). Association to Benefit Children/ Variety House for Children, respondent; Kelty D. (Anonymous), a/k/a Cassie D. (Anonymous), appellant. (Docket No. B-22333/02)
| SCHEDULING ORDER |
Appeal by Kelty D., a/k/a Cassie D. from an order of the Family Court, Kings County, dated June 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 13, 2005. The respondent's brief was served and filed on February 25, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until March 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22589
Y/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
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2005-01557 In the Matter of Gaspare Faraci. Angelo Faraci, appellant; Maryann Raft, et al., respondents. (Index No. 502/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the sale of the subject real property, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 8, 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
M22597
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2004-07459 In the Matter of Ketevan Grigolava, appellant, v Gia Melikishvili, respondent. (Docket Nos. V-4251/01, V-14040/99)
| SCHEDULING ORDER |
Appeal by Ketevan Grigolava from an order of the Family Court, Queens County, dated August 16, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22433
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2004-05242 In the Matter of Johvanny Herrera, respondent, v Kelly O'Neil, appellant. (Docket No. V-2948-00)
| SCHEDULING ORDER |
Appeal by Kelly O'Neil from an order of the Family Court, Suffolk County, dated May 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 1, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22557
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2004-09432 In the Matter of Antonio I. (Anonymous). Suffolk County Department of Social Services, respondent; Tony I. (Anonymous), et al., appellants. (Docket Nos. B-20949-03, B-20950-03, B-20951-03)
| SCHEDULING ORDER |
Appeal by Tony I. from an order of the Family Court, Suffolk County, dated November 1, 2004. By decision and order on motion of this court dated February 15, 2005, the following attorney was assigned as counsel on the appeal:
Evan Tanenbaum, Esq.
Beler & Tanenbaum, P.C.
25 West Main Street
Smithtown, New York 11787
(631) 979-1027
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 15, 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
M21628
M/nal
|
2004-04873, 2004-04877 In the Matter of Nicholas Francis K. (Anonymous). Westchester Department of Social Services, respondent; Edward K. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tabitha Jillian K. (Anonymous). Westchester Department of Social Services, respondent; Edward K. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-9332-03, B-9333-03)
| SCHEDULING ORDER |
Appeals by Edward K. from two orders of the Family Court, Westchester County, both dated March 29, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 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 within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22445
M/nal
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2004-05797, 2004-07792, 2004-08929 In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)
| SCHEDULING ORDER |
Appeals by Devorah Levande from three orders of the Family Court, Queens County, dated June 28, 2004, August 31, 2004, and October 5, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on March 2, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22603
M/nal
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2004-10642 In the Matter of Jamaal DeQuan M. (Anonymous). Child Protective Services, respondent; Theresa W. (Anonymous), appellant. (Docket No. B-13403-04)
| SCHEDULING ORDER |
Appeal by Theresa W. from an order of the Family Court, Suffolk County, dated November 15, 2004. By decision and order on motion of this court dated March 4, 2005, the following attorney was assigned as counsel on the appeal:
Michael S. Bromberg, Esq.
44 Hampton Street
Box 2112
Sag Harbor, New York 11963
(631) 725-0641
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 4, 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
M22568
M/nal
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2004-11324
In the Matter of James M. Miotto, respondent, v Katherine Kytoski, appellant. (Docket Nos. V-4466/03, V-4467/03)
| ORDER TO SHOW CAUSE |
Appeal by Katherine Kytoski from an order of the Family Court, Nassau County, dated December 23, 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 29, 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
M22503
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SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-09450 In the Matter of 111 on 11 Realty Corp., petitioner, v William Norton, et al., respondents.
(Index No. 108744/99)
| DECISION & ORDER ON MOTION |
Motion by William Norton for leave to reargue his prior motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 21, 2004, which was determined by decision and order of this court dated December 1, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court dated December 1, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22613
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2004-09797
In the Matter of Lisa Pantina-Bott, petitioner, v Incorporated Village of Freeport, et al., respondent. (Index No. 2611/04)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Nassau County, dated June 9, 2004.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until April 11, 2005, and the record or appendix on the proceeding and the petitioner'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
M22553
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2003-09097, 2004-07078 In the Matter of Kristina R. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 1) (Docket No. N-13342/01) In the Matter of Nelson R. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 2) (Docket No. N-13343/01) In the Matter of Gia T. (Anonymous). Administration for Children's Services, petitioner- respondent; Margarita B. (Anonymous), et al., appellants, et al., respondent. (Proceeding No. 3) (Docket No. N-13344/01)
| SCHEDULING ORDER |
Appeals by Margarita B. And Joseph B. from two orders of the Family Court, Kings County, both dated September 16, 2003. The brief of appellant Margarita B. was served and filed on August 17, 2004, and the brief of the appellant Joseph B. was served and filed on December 20, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until April 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22583
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2004-08982, 2004-08983 In the Matter of Malike Lenasia R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Latrece Verna R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shatima Letrece R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Latrece Verna R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-16693/01, B-16694/01)
| SCHEDULING ORDER |
Appeals by Latrece Verna R. from two orders of the Family Court, Queens County, both dated August 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 8, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22423
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2004-10295 In the Matter of Stephanie R. (Anonymous). Suffolk County Department of Social Services, respondent; Orlando G. (Anonymous), a/k/a Orlando R. (Anonymous), appellant. (Proceeding No. 1 ) In the Matter of Samantha R. (Anonymous). Suffolk County Department of Social Services, respondent; Orlando G. (Anonymous), a/k/a Orlando R. (Anonymous), appellant. (Proceeding No. 2 ) (Docket Nos. N-01891-04, N-01892-04)
| SCHEDULING ORDER |
Appeal by Orlando G., a/k/a Orlando R. from an order of the Family Court, Suffolk County, dated October 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 3, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22551
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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. 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. In the Matter of Diana S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. (Docket Nos. B-15311/03, B-15312/03, B-15313/03)
| SCHEDULING ORDER |
Appeals by Teodor S. from three orders of the Family Court, Kings County, all dated August 19, 2004. By decision and order on motion of this court dated March 8, 2005, the assigned counsel for the appellant was relieved, and the appellant's motion to proceed pro se was granted. 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 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22601
M/nal
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2004-09238, 2004-09239 In the Matter of Thomas Sannuto, Jr., appellant, v Jeanette Palma Sannuto, respondent. (Docket No. F-686-96)
| SCHEDULING ORDER |
Appeals by Thomas Sannuto, Jr. from two orders of the Family Court, Nassau County, dated August 23, 2004, and August 25, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on March 7, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22450
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2004-01207 In the Matter of Yolanda Stuart, respondent, v Jorge Stuart, appellant. (Docket No. F-739-98)
| SCHEDULING ORDER |
Appeal by Jorge Stuart from an order of the Family Court, Richmond County, dated August 5, 2003. The appellant's brief was filed in the office of the Clerk of this court on January 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22594
M/nal
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2004-09762, 2004-09763 In the Matter of Cornelius Sullivan, appellant, v Marilyn Sullivan, respondent. (Docket No. V-1893-03)
| SCHEDULING ORDER |
Appeals by Cornelius Sullivan from two orders of the Family Court, Suffolk County, both dated September 28, 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 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22435
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2004-08879 In the Matter of Maria N. Sweitzer, appellant, v Dennis P. Montanino, respondent. (Docket No. F-00788-00)
| SCHEDULING ORDER |
Appeal by Maria N. Sweitzer from an order of the Family Court, Nassau County, dated July 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22434
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2004-08583 In the Matter of Aaron T. (Anonymous). St. Christopher Ottilie, petitioner-respondent; Sharon W. (Anonymous), respondent-respondent; Eliot Greene, nonparty-appellant. (Proceeding No. 1) In the Matter of Tamarshian H.(Anonymous). St. Christopher Ottilie, petitioner-respondent; Sharon W. (Anonymous), respondent-respondent; Eliot Greene, nonparty-appellant. (Proceeding No. 2) (Docket Nos. B-06282-03, B-06284-03)
| SCHEDULING ORDER |
Appeal by the law guardian, Eliot Greene, from an order of the Family Court, Kings County, dated September 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 28, 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 respondents' briefs shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22482
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BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-01440
In the Matter of Joseph T. (Anonymous). Nassau County Department of Social Services, appellant; Roseanne T. (Anonymous), respondent. (Proceeding No. 1)
In the Matter of Michelle T. (Anonymous). Nassau County Department of Social Services, appellant; Roseanne T. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-5116/04, N-5117/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated January 18, 2005, in effect, to stay the trial in the above-entitled matter and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED the trial in the above-entitled matter is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 11, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 11, 2005, the court, on its own motion, may vacate the stay, or the respondent or the Law Guardian may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondent and the Law Guardian shall serve and their respective briefs on or before May 11, 2005, and the briefs must be served and filed on or before that date; and it is further,
ORDERED that the appellant shall serve and file its reply brief on or before May 23, 2005, and the appellant's reply brief must be served and filed on or before that date; and it is further,
ORDERED that appeal will be calendared when it is fully perfected.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22600
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2004-06427 In the Matter of Margaret T. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Evelyn E. (Anonymous), appellant; et al., respondent. (Docket No. B-3201-03)
| SCHEDULING ORDER |
Appeal by Evelyn E. from an order of the Family Court, Dutchess County, dated July 9, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 7, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22584
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2004-08980 In the Matter of Justina Timosa, appellant, v William Chase, Jr., respondent. (Docket No. V-11850-02)
| SCHEDULING ORDER |
Appeal by Justina Timosa from an order of the Family Court, Queens County, dated September 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 8, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22413
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2004-05033 In the Matter of Laurie Turrill, n/k/a Laurie Jessen, respondent, v Michael B. Turrill, appellant. (Docket Nos. V-2931-00, A-192-03)
| SCHEDULING ORDER |
Appeal by Michael B. Turrill from an order of the Family Court, Suffolk County, dated May 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 4, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22596
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2004-10744 In the Matter of Vicky Warwick, appellant, v Edward Warwick, respondent. (Docket No. U-6305-94)
| SCHEDULING ORDER |
Appeal by Vicky Warwick from an order of the Family Court, Dutchess County, dated October 27, 2004. By decision and order on motion of this court dated March 3, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person and for the assignment of counsel 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
M22598
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2004-10312 In the Matter of Delores Wrighton, respondent, v Paul Wrighton, appellant. (Docket No. F-12654/03)
| SCHEDULING ORDER |
Appeal by Paul Wrighton from an order of the Family Court, Queens County, dated November 3, 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 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22438
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2002-09672 The People, etc., respondent, v Arturo Flores, appellant. (Ind. No. 309/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 16, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 4, 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
M22519
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HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
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2000-02458 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief in response to the appellant's supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 2000.
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 respondent's time to serve and file a brief in response to the appellant's supplemental brief, is enlarged until April 19, 2005, and the respondent's 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
M22602
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
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2004-04291 The People, etc., respondent, v Ralph Salierno, appellant. (Ind. No. 636/03)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel for the appellant for leave to provide the appellant with a copy of his presentence report on an appeal from a judgment of the County Court, Suffolk County, rendered April 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court