Appellate Division: Second Judicial Department
M22874
CF/
|
2004-09961 Linda Antista, appellant, v Fernando Chang, respondent. (Index No. 6073/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated August 18, 2004.
Upon the stipulation of the parties, dated March 9, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18049
CF/
|
2004-07825 Zinaida Antochina, respondent, v Ocean Park Apartments, Inc., defendant, Ocean Park Company, et al., appellants. (Index No. 17342/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22900
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-10584 Anthony Como, respondent, v Dina DiPaola, et al., appellants.
(Index No. 3853/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated September 22, 2004, to stay the trial in the above-entitled action 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 the motion is denied.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22901
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-04311 Michael Conk, respondent, v N&L Taxi Corp., et al., appellants. (Index No. 9024/02
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated April 6, 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, and the record and brief which were submitted to the Clerk of this court on March 17, 2005, are accepted for filing.
FLORIO, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22880
CF/
|
2004-10935 Salvatore Contino, appellant, v Peter Shin, et al., respondents. (Index No. 22853/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22878
CF/
|
2005-01584 Margareth Desbas, respondent, v Jean Guy Alexis, appellant. (Index No. 201263/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22910
S/sl
|
2004-08247 Michael Erzingher, et al., plaintiffs, v New York City Transit Authority, et al., defendants. (Action No. 1) Tony Ann Scott, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Action No. 2) Donna J. Flood, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Action No. 3) Joanna Cataneo, respondent, v New York City Transit Authority, et al., appellants, et al., defendants. (Action No. 4) Carolyn Palino, respondent, v New York City Transit Authority, et al., appellants, et al., defendants. (Action No. 5) Diana M. Recca, respondent, v New York City Transit Authority, et al., appellants, et al., defendants. (Action No. 6) Deborah Intericola, respondent, v New York City Transit Authority, et al., appellants, et al., defendants. (Action No. 7) Colin E. Thorne, et al., plaintiffs, v Chang Yeol Yang, et al., defendants. (Action No. 8) Maria Stahow, plaintiff, v Chang Yeol Yang, et al., defendants. (Action No. 9) (Index No. 14298/99)
| 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 interlocutory judgment of the Supreme Court, Kings County, dated June 21, 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
M22909
R/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-00587 Eustorgio Felipe, et al., appellants, v 2820 West 36th Street Realty Corp., respondent. (Index No. 29814/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated December 15, 2004, in effect, to amend so much of a decision and order on motion of this court dated February 1, 2005, as conditioned a stay and other relief upon their perfection of the appeal on or before March 2, 2005.
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 decision and order of this court dated February 1, 2005, is amended by (1) deleting from the first and second decretal paragraphs thereof the date "March 2, 2005," and substituting therefor the date "April 1, 2005," and (2) deleting from the third decretal paragraph thereof (a) the date "April 6, 2005" and substituting therefor the date May 13, 2005," and (b) the date "April 20, 2005" and substituting therefor the date "May 27, 2005."
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22864
CF/
|
2004-09820
Emanuel Ferri, respondent, v Stern's Department Stores, Inc., et al., appellants. (and a third-party action) (Index No. 13983/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22911
E/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-09447, 2003-11443 Fountains Acquisition Properties, Inc., appellant, v Tocci Building Corporation, et al., respondents. (Index No. 16328/02)
| DECISION & ORDER ON MOTION |
Motion by Paul DeMuro, an attorney in good standing in the State of Oklahoma, to be admitted pro hac vice to represent the appellant on an appeal from two orders of the Supreme Court, Westchester County, entered September 16, 2003, and December 4, 2003, respectively.
Upon the papers filed in support of the motion and the stipulation of the parties dated March 10, 2005, it is
ORDERED that the motion is granted.
SCHMIDT, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22821
S/sl
|
2004-08759 Daniel L. Friedenreich, et al., respondents, v Roosevelt Field Mall Management, et al., appellants. (Index No. 13073/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 7, 2004.
ORDERED that the application is granted and the respondents' brief which was submitted to the Clerk of this court on March 16, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22867
CF/
|
2004-10243 Rubin Garfinkel, respondent, v Hyman Teich, appellant. (Index No. 8031/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated October 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22872
CF/
|
2004-10244 Rubin Garfinkel, respondent, v Hyman Teich, appellant. (Index No. 8031/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22920
R/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-07601 Elizabeth F. Granshaw, appellant, v Lawrence P. Granshaw, defendant.
(Index No. 8506/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated July 7, 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.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22879
CF/
|
2004-11111 Abbie M. Grossman, appellant, v Gary D. Grossman, respondent. (Index No. 5938/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated November 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22883
CF/
|
2004-03149 Calvin Hunter, appellant, v City of New York, et al., respondents. (Index No. 20429/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22859
CF/
|
2005-00024 Minas Ioannou, et al., respondents, v Alfred G. Osbourne, et al., appellants. (Index No. 2982/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22861
CF/
|
2004-08385 Claude Jean, et al., respondents, v John Henderson, et al., appellants. (Index No. 5575/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22876
CF/
|
2004-08755 Katherine Jimenez, et al., respondents, v Huntington Coach Corporation, et al., defendants, Barbara Ingraham, appellant. (Index No. 17809/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22888
CF/
|
2004-08726 Ronald Maiorana, et al., respondents, v Alexander Cummings, et al., appellants. (Index No. 21009/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22905
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-04062
Glenn McNamara, et al., appellants, v Dav-El Services, Inc., et al., respondents. (Index No. 15245/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 2, 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 18, 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., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22869
CF/
|
2004-09700 Jacinto Monar, respondent, v Markhoff, Lazarus & Topiel, PC, et al., appellants. (Index No. 23438/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated September 16, 2004.
Upon the stipulation of the parties, dated March 7, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22886
CF/
|
2004-06077 NPR, LLC, respondent, v K.A.B.B., Inc., appellant. (Index No. 8392/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 18, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22926
E/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-07684, 2005 02204 Patricia Penna, respondent, v Henry Penna, appellant.
(Index No. 15546/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a decision and an order of the Supreme Court, Suffolk County, dated July 27, 2004, and February 3, 2005, respectively, to deem the notice of appeal from the decision to be a premature notice of appeal from a judgment of the same court entered September 28, 2004, and separate motion by the appellant, inter alia, to stay enforcement of stated portions of the judgment pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to deem the notice of appeal from the decision to be a premature notice of appeal from the judgment is granted (see CPLR 5520[c]); and it is further,
ORDERED that the motion, inter alia, to stay enforcement of stated portions of the judgment pending hearing and determination of the appeal is denied.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22928
C/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2005-01963 People of State of New York, etc., respondent, v Emile Suter, etc., appellant. (Index No. 2015/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the enforcement of an order of the Supreme Court, Dutchesss County, dated December 9, 2004, to stay the imposition of a term of incarceration upon the appellant, to release the appellant from incarceration, and for leave to file a late notice of appeal pursuant to CPLR 5520(c).
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 for a stay is denied; and it is further,
ORDERED that the branch of the motion which is for leave to file a late notice of appeal pursuant to CPLR 5520(c) is denied as unnecessary as there is no indication that the notice of appeal filed by the appellant is untimely; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22915
R/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-05830, 2004-05831 Felix Perez, et al., respondents, v Muller Machinery Co., Inc., et al., defendants, United Rentals Corp., appellant.
(Index No. 18999/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated January 16, 2004, and May 19, 2004, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22908
E/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-08225 Daby Dailal Ramkisoon, respondent, v Loknauth Ramkishun, appellant, et al., defendant. (Index No. 4771/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated August 4, 2004, in effect, to stay the foreclosure sale of the subject premises.
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 appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
ORDERED that the motion is denied as academic.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22929
C/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-08565 Stella Roberts, respondent, v Ted Roberts, appellant. (Index No. 5608/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2004 Calendar," dated November 3, 2004, as dismissed an appeal from a judgment of the Supreme Court, Richmond County, dated July 25, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22887
CF/
|
2004-00799 Sharon Sayet, respondent, v Sanford Sayet, appellant. (Index No. 200389/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22903
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-05697, 2005-01441 Cecilia Scanga, etc., et al., appellants, v Family Practice Associates of Rockland, P.C., et al., respondents.
(Index No. 2010/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect appeals from a judgment of the Supreme Court, Rockland County, entered February 20, 2004, and an order of the same court dated June 3, 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 appeals is enlarged until April 1, 2005, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22884
CF/
|
2004-08184 Rafael Sealy, et al., appellants-respondents, v City of New York, et al., respondents-appellants. (Index No. 5456/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated August 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22882
CF/
|
2004-05531 Alan Siegel, appellant, v Timothy C. Chang, etc., et al., respondents. (Index No. 5095/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22949
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-00720 Charles Springstead, plaintiff, v Ciba-Geigy Corporation, defendant, Toreon, Inc., et al., appellants, Novartis Pharmaceuticals Corporation, respondent (and third and fourth party actions). (Index No. 3688/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated September 8, 2003.
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 18, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., KRAUSMAN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22683
E/sl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2004-04625 Henry J. Stojowski, appellant, v Peter D'Sa, et al., respondents. (Index No. 19703/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered April 15, 2004, inter alia, in effect, pursuant to CPLR 5240 to vacate or modify a restraining notice dated January 31, 2005, garnishing the appellant's bank account at North Fork Bank, for leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, pursuant to CPLR 5240 to vacate or modify the restraining notice dated January 31, 2005, garnishing the appellant's bank account at North Fork Bank, is granted to the extent that the monthly social security payments deposited into that account shall not be restrained, as such funds are exempt from execution (see 42 USC §407[a]; Household Finance Corp. v Chase Manhattan Bank, N.A., 91 Misc2d 141), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to prosecute the appeal on the original record is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs, and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are for waiver of the filing fee and free transcripts are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 16, 2005; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22877
CF/
|
2004-07829 Wing Hong Law, appellant, v Nyoke F. Yap, respondent. (Index No. 318/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22885
CF/
|
2004-10871 Paul Zuccarini, appellant, v Ziff-Davis Media, Inc., et al., respondents. (Index No. 14997/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated November 8, 2004.
Upon the stipulation of the parties, dated March 14, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22873
CF/
|
2004-09996 In the Matter of AllCity Insurance Company, et al., respondents, v Lucille McEachen, appellant. (Index No. 14615/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated October 18, 2004.
Upon the stipulation of the parties, dated March 7, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22786
M/nal
|
2004-07586 In the Matter of Craig Robert B. (Anonymous), Jr., a/k/a Craig B. (Anonymous). St. Christopher Ottilie, petitioner-respondent; Craig B. (Anonymous), appellant, et al., respondent. (Docket No. B-6535/99)
| SCHEDULING ORDER |
Appeal by Craig B. from an order of the Family Court, Queens County, dated August 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that 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
M22918
K/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
THOMAS A. ADAMS
FRED T. SANTUCCI, JJ.
|
1999-04718 In the Matter of Scott Michael Berger, a suspended attorney. (Attorney Registration No. 2373322)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion for reinstatement dated November 17, 2004, in the above-entitled matter is amended by deleting from the introductory paragraph thereof the words "one year," and substituting therefor the words "three years."
PRUDENTI, P.J., FLORIO, ADAMS and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22778
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|
2004-05640 In the Matter of Isiah C. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Docket No. N-17702-03)
| SCHEDULING ORDER |
Appeal by Michael L. from an order of the Family Court, Suffolk County, dated June 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that 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
M22791
M/nal
|
2004-00064, 2004-00068 In the Matter of Ghislaine Charles, respondent, v Claude L. Charles, appellant. (Proceeding No. 1) (Docket No. O-7673/03) In the Matter of Claude L. Charles, appellant, v Dario Charles, respondent. (Proceeding No. 2) (Docket No. O-7491/03)
| SCHEDULING ORDER |
Appeals by Claude L. Charles from two orders of the Family Court, Nassau County, both dated November 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 22, 2004. By decision and order on motion of this court dated March 3, 2005, the following attorney was assigned as counsel for the respondent Ghislaine Charles:
Neal Futerfas, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
(914) 682-2171
Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until April 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22840
M/nal
|
2004-01827 In the Matter of Charisma Mahilya D. (Anonymous). Seamen's Society for Children & Families, respondent; Carolyn D. (Anonymous), appellant. (Docket No. B-7754-02)
| SCHEDULING ORDER |
Appeal by Carolyn D. from an order of the Family Court, Kings County, dated January 23, 2004. The appellant's replacement brief was filed in the office of the Clerk of this court on March 9, 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
M22795
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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 |
Appeals by Howard D. and Charlotte 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 10, 2005, the following attorney was assigned as counsel on the appeal for the appellant Howard D.:
David A. Morris, Esq.
93 Wheeler Road
Central Islip, New York 11722 (631) 234-8234
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 10, 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
Appellate Division: Second Judicial Department
M22932
E/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-01204 In the Matter of Dumpmasters, Inc., petitioner, v Raymond P. Martinez, etc., respondent. (Index No. 3330/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent in a proceeding pursuant to CPLR article 78, which was determined by decision and judgment of this court dated February 28, 2005, to impose a sanction on the appellant's attorney pursuant to 22 NYCRR 130-1.1.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22907
S/sl
|
2004-08119 In the Matter of Farm Family Casualty Insurance Company, respondent, v William Bonnie, appellant. (Index No. 6934/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22856
CF/
|
2004-08899 In the Matter of Mark Halpern, appellant, v Carla M. Gorski, respondent. (Docket No. F-0360-00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated August 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22913
PL/sl
|
2004-08126 Matter of Harco National Insurance, respondent, v Duckingson Simmerville, appellant, Utica Mutual Insurance Company, et al., respondents. (Index No. 3921/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22823
M/nal
|
2004-11168 In the Matter of Eileen Horn, petitioner-respondent, v Kathy Watkins, respondent. (Proceeding No. 1) In the Matter of Cindy Conklin, appellant, v Kathy Watkins, respondent. (Proceeding No. 2) (Docket Nos. V-1828-04, V-2207-04)
| SCHEDULING ORDER |
Appeal by Cindy Conklin from an order of the Family Court, Rockland County, dated November 23, 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 May 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22830
M/nal
|
2004-10094, 2004-10095 In the Matter of Erich J. (Anonymous). Suffolk County Department of Social Services, respondent; Daniela J. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Rina J. (Anonymous). Suffolk County Department of Social Services, respondent; Daniela J. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Nicholas S. (Anonymous). Suffolk County Department of Social Services, respondent; Daniela J. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Nina S. (Anonymous). Suffolk County Department of Social Services, respondent; Daniela J. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket Nos. N-6960-04, N-6961-04, N-6970-04, N-6971-04, N-6965-04, N-6966-04, N-6972-04, N-6973-04)
| SCHEDULING ORDER |
Appeals by Daniela J. and Erich J. from two orders of the Family Court, Suffolk County, dated September 17, 2004, and October 19, 2004, respectively. 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 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22844
M/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-08923
In the Matter of Rayquan Anthony J. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Roberta J. (Anonymous), appellant. In the Matter of "Male" J. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Roberta J. (Anonymous), appellant. (Docket Nos. B-10925/03, B-10926/03)
| DECISION & ORDER ON MOTION |
Appeal by Roberta J. from an order of the Family Court, Kings County, dated October 1, 2004. By decision and order on motion dated December 30, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeal on or before February 2, 2005. The appellant has failed to do so. By order to show cause dated February 16, 2005, the parties were directed to show cause why the appeal should not be dismissed.
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22820
M/nal
|
2004-10167 In the Matter of Russell B. Jenkins, appellant, v Denise McKinney, respondent. (Docket No. F-14235/03)
| SCHEDULING ORDER |
Appeal by Russell B. Jenkins from an order of the Family Court, Queens County, dated October 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 10, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the 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
M22843
M/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-09437 In the Matter of Luchia Alexis King, respondent, v Kyle Hinkson, appellant. (Docket No. P-05420-03)
| DECISION & ORDER ON MOTION |
Appeal by Kyle Hinkson from an order of the Family Court, Kings County, dated September 30, 2004. By decision and order on motion dated January 20, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that the appellant was entitled to that relief and indicating that appellant is interested in pursuing the appeal on or before March 1, 2005. The appellant has failed to do so.
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22780
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|
2004-05639 In the Matter of Terrell L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. In the Matter of Michelle L. (Anonymous). Suffolk County Department of Social Services, respondent; Michael L. (Anonymous), appellant. (Docket Nos. N-17703-03, N-17704-03)
| SCHEDULING ORDER |
Appeal by Michael L. from an order of the Family Court, Suffolk County, dated June 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 14, 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
M22889
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-05667 In the Matter of Harry J. M. (Anonymous), Jr., respondent; Edward G. N. (Anonymous), appellant. (Index No. 27477/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, on an appeal from an order of the Supreme Court, Suffolk County, dated May 7, 2004, to strike portions of the respondent's brief on the ground it refers to matters dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22817
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|
2004-10611 In the Matter of Luis Felipe Martinez, appellant, v Leslie Torres, respondent. (Docket No. F-01193/95)
| SCHEDULING ORDER |
Appeal by Luis Felipe Martinez from an order of the Family Court, Kings County, dated November 17, 2004. By decision and order on motion of this court dated March 8, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M22924
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-07089 In the Matter of Met Life Auto & Home, respondent, v Eileen O'Connor, appellant; Chen Chang, et al., additional-respondents. (Index No. 09039/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated February 18, 2005, in the above-entitled action which dismissed an appeal from an order of the Supreme Court, Suffolk County, dated February 18, 2005, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22781
M/nal
|
2004-08257 In the Matter of Constance P. (Anonymous), petitioner-respondent, v Avram G. (Anonymous), a/k/a Avraam G. (Anonymous), respondent; Nikos G. (Anonymous), nonparty-appellant. (Docket No. P-14826-03)
| SCHEDULING ORDER |
Appeal by Nikos G. from an order of the Family Court, Queens County, dated August 13, 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 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 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 DepartmentM22875
CF/
|
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)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Family Court, Kings County, dated August 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22916
E/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-01090 In the Matter of Peter Psyllos, respondent, v Gina Psyllos, appellant. (Docket No. V-16745/04, V-16746/04)
| DECISION & ORDER ON MOTION |
Appeal by Gina Pysllos from an order of the Family Court, Suffolk County, dated January 10, 2005. By order to show cause of this court dated February 16, 2005, the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the appellant has absconded and is no longer available to obey the mandate of this court. Motion by the appellant to stay enforcement of an order of the same court entered November 30, 2004, pending hearing and determination of the appeal.
Upon the papers filed in response to the order to show cause and the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the appellant's motion is granted and enforcement of the order entered November 30, 2004, is stayed pending hearing and determination of the appeal from the order dated January 10, 2005, on condition that the appeal is perfected on or before April 20, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 20, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
COZIER, J.P., S. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22816
M/nal
|
2004-06313 In the Matter of Tara M. Rawlins, appellant, v Wayne S. Barth, respondent. (Docket Nos. V-5454-01, V-5456-01)
| SCHEDULING ORDER |
Appeal by Tara M. Rawlins from an order of the Family Court, Orange County, dated June 2, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 20, 2005, and the respondent's brief was served and filed on March 15, 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 April 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22785
M/nal
|
2004-08647 In the Matter of Giustina T. Schiano, appellant, v Jeffrey Hirsch, respondent. (Docket No. F-03735-02)
| SCHEDULING ORDER |
Appeal by Giustina T. Schiano from an order of the Family Court, Nassau County, dated August 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the 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
M22842
M/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-10431
In the Matter of Eric Sprauer, respondent, v Maryann Borelli, appellant. (Docket Nos. V-973-98, V-974-98)
| DECISION & ORDER ON MOTION |
Appeal by Maryann Borelli from an order of the Family Court, Westchester County, dated August 5, 2004. By decision and order on motion of this court dated January 11, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeal on or before February 16, 2005. The appellant has failed to do so.
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22846
R/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2005-00161 In the Matter of State Farm Mutual Automobile Insurance Company, appellant, v Charles Olsen, respondent; Suffolk County Fleet Services, et al., proposed additional respondents. (Index No. 15979/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated December 20, 2004, to stay an arbitration proceeding pending before the American Arbitration Association scheduled for March 23, 2005, 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 the motion is granted, and the arbitration proceeding pending before the American Arbitration Association scheduled for March 23, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 15, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 15, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22789
M/nal
|
2005-00688 In the Matter of Joshua T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Brittney T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jessica T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Karen T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Stephen T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 5 In the Matter of Tia Otta T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-5203-03, B-5204-03, B-5205-03, B-5206-03, B-5207-03, B-5208-03)
| SCHEDULING ORDER |
Appeal by John T. from an order of the Family Court, Orange County, dated November 29, 2004. By decision and order on motion of this court dated March 10, 2005, the following attorney was assigned as counsel on the appeal:
Arza R. Feldman, Esq.
626 EAB Plaza
West Tower - Sixth 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 proceedings 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 10, 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
M22783
M/nal
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2004-09152, 2004-09154 In the Matter of Brandon Lee V. (Anonymous). Heart Share Human Services of New York, etc., respondent; German V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-18606/03) In the Matter of Wesley German V. (Anonymous). Heart Share Human Services of New York, etc., respondent; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-18607/03)
| SCHEDULING ORDER |
Appeals by German V. from two orders of the Family Court, Kings County, both dated August 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that 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
M22782
M/nal
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2004-09155, 2004-09156, 2004-09157, 2004-09158, 2004-09160, 2004-09162 In the Matter of "Female" V. (Anonymous), a/k/a Kimberly V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-17431/03) In the Matter of Juana Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-17432/03) In the Matter of Nathan Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-17433/03) In the Matter of Patrick German V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-17434/03) In the Matter of Nouchie Wesley V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-17435/03) In the Matter of Cassandra Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 6) (Docket No. B-17436/03)
| SCHEDULING ORDER |
Appeals by German V. from six orders of the Family Court, Kings County, all dated September 10, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that 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
M22890
A/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2004-07977, 2004-07978 In the Matter of Patrick Kishawn W. (Anonymous), a/k/a Patrick W. (Anonymous). Little Flower Children's Services, et al., respondents; Yvonne W. (Anonymous), appellant. In the Matter of "Male" W. (Anonymous), a/k/a Tashien W. (Anonymous), a/k/a Tashiem W. (Anonymous). Little Flower Children's Services, et al., respondents; Yvonne W. (Anonymous), appellant. (Docket Nos. B-16253/03, B-16254/03)
| DECISION & ORDER ON MOTION |
Appeals by Yvonne W. from two orders of the Family Court, Kings County, both dated August 5, 2004. By order to show cause dated January 21, 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 appeals as abandoned.
Now, on the court's own motion, and the papers filed in relation to the order to show cause, it is
ORDERED that the appeal is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8[e]).
ADAMS, J.P., SANTUCCI, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22790
M/nal
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2004-09153 In the Matter of Marilyn Waaldijk-Howell, appellant, v Gordon E. Howell, respondent. (Docket No. O-22678-03)
| SCHEDULING ORDER |
Appeal by Marilyn Waaldijk-Howell from an order of the Family Court, Kings County, dated July 9, 2004. By decision and order on motion of this court dated March 10, 2005, the following attorney was assigned as counsel on the appeal:
Richard Cardinale, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11242
(718) 624-9391
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 20 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 10, 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M22798
M/nal
|
2004-05031 In the Matter of Dawn M. Wertz, appellant, v Joseph Ruggio, Jr., et al., respondents. (Docket No. V-5477-03)
| SCHEDULING ORDER |
Appeal by Dawn M. Wertz from an order of the Family Court, Orange County, dated March 11, 2004. By decision and order on motion of this court dated March 8, 2005, the following attorney was assigned as counsel on the appeal:
Del Atwell, Esq.
P. O. Box 2516
Montauk, New York 11954
(631) 548-8463
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 8, 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
M22914
E/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2005-00186 In the Matter of Douglas Z. Winokur, appellant, v Jill Winokur, respondent. (Docket No. F-00231/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Westchester County, entered November 24, 2004, as well as all contempt proceedings in an action entitled Winokur v Winokur pending in the Supreme Court, Westchester County, under Index No. 11024/97, 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 the motion is granted and enforcement of the order entered November 24, 2004, as well as all contempt proceedings in an action entitled Winokur v Winokur pending in the Supreme Court, Westchester County, under Index No. 11024/97, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 16, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 16, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21955
F/
ANITA R. FLORIO, J.
|
2004-09473 The People, etc., plaintiff, v Alfonso Patricio Bastidas, defendant. (Ind. No. 12840/90)
| 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 June 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.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M22943
S/sl
ROBERT A. SPOLZINO, J.
|
2005-02456 The People, etc., respondent, v Andre Davis, appellant. (Index No. 10846/03)
| DECISION AND ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered March 17, 2005, and to fix reasonable bail.
Upon the papers filed in support of the motion, in opposition thereto, it is
ORDERED that the motion is denied.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M22902
A/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-10439 The People, etc., respondent, v Joseph Elpenord, appellant. (Ind. No. 2923/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Nassau County, rendered December 1, 2004, and to continue the stay of execution of said judgment pending determination of the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until March 22, 2005, and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the stay of execution of the judgment contained in the decision and order on motion of this court dated December 8, 2004, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 22, 2005, and on the same bail conditions set forth in the decision and order on motion of this court dated December 8, 2004; and it is further,
ORDERED that counsel for the defendant shall serve a copy of this decision and order on motion, by mail, on the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before March 22, 2005; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22919
K/sl
GLORIA GOLDSTEIN, J.
|
2005-00891
The People, etc., respondent, v Monie Jackson, appellant.
(Ind. No. 2724/98)
| 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, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated September 30, 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M22904
A/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-10723 The People, etc., respondent, v Alexis Menna, appellant. (Ind. No. 9064/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered September 19, 2003, for leave to reargue a motion to relieve counsel assigned to prosecute the appeal, which was determined by decision and order on motion of this court dated December 13, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., KRAUSMAN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22917
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-01444 The People, etc., respondent, v Karl Muench, appellant. (Ind. No. 254/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Suffolk County, rendered January 20, 2004, and to be furnished with certain documents.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are for leave to serve and file a supplemental pro se brief and to be provided with copies of the plea and sentencing minutes is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the plea and sentencing proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion is otherwise denied.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
FLORIO, J.P., KRAUSMAN, CRANE, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M22762
F/
GLORIA GOLDSTEIN, J.
|
2005-01077 The People, etc., plaintiff, v Daniel Rivera, defendant. (Ind. No. 1835-00)
| 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, Suffolk County, dated December 9, 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