Appellate Division: Second Judicial Department
M23243
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2004-06000 BRG Queens, LLC, respondent, v Medical Investor Associates, LP, appellant, et al., defendant.
(Index No. 2589/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, on an appeal from an order of the Supreme Court, Queens County, dated June 7, 2004, to strike the appellant's brief and record on appeal, or, in the alternative, to enlarge the record on appeal to include the affirmation of Sander Srulowitz, dated April 14, 2004, and to enlarge its time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report on whether it considered the affirmations of Elliot L. Schaeffer and Sander Srulowitz, both dated April 14, 2004, in determining the motion which resulted in the order dated June 7, 2004, and the Supreme Court, Queens County, shall file its report with all convenient speed; and it is further,
ORDERED that the motion is held in abeyance in the interim.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23263
E/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2005-02178 Clarice Alberta Blamer, appellant, v Avtar Singh, respondent. (Index No. 2836/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Queens County, dated January 13, 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 on or before April 27, 2005, the appellant shall perfect the appeal, 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 on or before May 18, 2005, the respondent shall serve and file a brief and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that on or before May 30, 2005, the appellant shall serve and file a reply brief, if any, and the appellant's reply brief must be served and filed on or before that date; and it is further,
ORDERED that the appeal will be calendared when it is fully perfected.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23225
PL/sl
|
2004-06912 Paulette Butler, et al., appellants, v New York City Housing Authority, respondent. (Index No. 43452/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered July 9, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 12, 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
M23245
S/sl
|
2004-11122 David Cambiero, et al., respondents, v St. Vincent's Hospital & Medical Center, appellant, et al., defendants (and a third-party action). (Index No. 16019/97)
| 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 November 5, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 4, 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
M23237
S/sl
|
2004-08273
Joyne Coyne, appellant, v Talleyrand Partners, LP, et al., respondents, et al., defendant. (Index No. 14529/02)
| ORDER ON APPLICATION |
Application by the respondents Labriola Gardens & Nursery and L&L Gardens, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Westchester County, dated August 24, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until April 1, 2005, and the movants' brief must be filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before April 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23253
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2004-07667, 2005-01810 Creditriskmonitor.Com, Inc., respondent-appellant, v Samuel Fensterstock, et al., appellants-respondents. (Index No. 6211/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent Global Credit Services, Inc., on appeals from (1) a judgment of the Supreme Court, Nassau County, entered August 24, 2004, and (2) an order of the same court entered January 12, 2005, to dispense with the requirements of 22 NYCRR 670.9(b)(3). Separate motion by the appellant-respondent Samuel Fensterstock for the same relief.
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., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23227
PL/sl
|
2004-03361 Anthony Damiani, et al., plaintiffs-respondents, v Federated Department Stores, Inc., et al., defendants third-third-party plaintiffs-respondents, Dynamic Resources, Inc., et al., defendants- respondents-appellants, Hutton Electrical Contracting Corp., defendant-respondent; Gilman Construction Company, third-third-party defendant-appellant- respondent (and other third-party actions). (Index No. 13553/97)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross-appeal from an order of the Supreme Court, Richmond County, dated March 16, 2004.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until April 14, 2005, and the plaintiffs-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
M23229
PL/sl
|
2004-05541
Mohamed Diarassouba, respondent, v William P. Urban, et al., appellants.
(Index No. 46674/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on an appeal from a judgment of the Supreme Court, Kings County, entered May 18, 2004.
ORDERED that the application is granted and the appellants' respective reply briefs shall be served and filed on or before April 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23250
J/sl
|
2004-06878 Gerda Dominique, plaintiff-respondent, v Flushing Hospital Medical Center, defendant- respondent, Chu Fu Wang, appellant. (Index No. 5724/95)
| ORDER ON APPLICATION |
Application by the plaintiff-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 July 15, 2004.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until April 4, 2005, and the plaintiff-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
M23235
S/sl
|
2004-08845 Linda Dwyer, appellant, v Nobody Beats the Wiz, Inc., et al., respondents. (Index No. 14237/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 8, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 23, 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
M23248
S/sl
|
2004-07815 Alexander George Flores, et al., plaintiffs, v YMCA of Greater New York, et al., defendants, Steinway Child & Family Services, defendant fourth-party plaintiff-respondent; National Union Fire Insurance Company of Pittsburgh, Pa., fourth-party defendant-appellant (and a third-party action). (Index No. 282/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 9, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 25, 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
M23208
M/nal
|
2005-02431 Lisa Freihofner, appellant, v Gregory Freihofner, respondent. (Index No. 5173/01)
| SCHEDULING ORDER |
Appeal by Lisa Freihofner from an order of the Supreme Court, Westchester County, dated February 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23218
R/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-10077 Esther Glass, et al., plaintiffs, v Allan Grecco, et al., defendants, Peerless Abstract Corp., respondent; Regina Seltzer, nonparty appellant.
(Index No. 30336/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 12, 2004, on the ground that the appeal was not timely taken. Motion by the appellant, inter alia, to enlarge the record on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal on the ground that it is untimely taken is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion, inter alia, to enlarge the record, is denied as academic.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23241
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2005-02393 James Golden, respondent, v Christopher J. Hansen, appellant. (Index No. 6924/04)
| 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, Orange County, dated March 7, 2005, 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 denied.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23254
A/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN, JJ.
|
2004-08840, 2005-02173 Neil Kerman, respondent, v Martin Friedman C.P.A., P.C., et al., appellants. (Index No. 5258/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the trial in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated September 7, 2004, and January 31, 2005, 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.
FLORIO, J.P., S. MILLER, SANTUCCI and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23260
A/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-04982 LaCorte Companies, Inc., appellant, v State of New York, respondent. (Claim No. 105031)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated February 22, 2005, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2005 Calendar" as dismissed an appeal from an order of the Court of Claims, dated April 20, 2004, for failure to timely perfect, and to reinstate the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23251
A/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2005-02369 Benoit Lallemand, respondent, v William J. Cook, appellant. (Index No. 5914/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated February 28, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23242
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2004-08022 Andy Liang, etc., et al., respondents, v Rosedale Group Home, et al., defendants, City of New York, et al., appellants.
(Index No. 27042/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants City of New York, Administration for Children's Services, and Department of Social Services, 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 August 11, 2004.
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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23233
S/sl
|
2004-08780
Roman Malaric, et al., plaintiffs-respondents, v New York State Department of Transportation, et al., defendants, Mordern Continental Construction, defendant third-party plaintiff-appellant; Garden State Surveying & Engineering & Planning, third-party defendant-respondent. (Index No. 31393/01)
| 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 August 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 26, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23264
A/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-06217 Jerome McSorley, appellant, v Kay L. Spear, etc., respondent. (Index No. 11727/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered June 12, 2003, which was determined by decision and order of this court dated December 20, 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.
FLORIO, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23259
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2003-10930 Bruce Militrano, etc., et al., appellants, v Lederle Laboratories, etc., et al., respondents, et al., defendants. (Index No. 18612/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated November 3, 2003, to strike portions of the appellants' reply brief, on the ground that it raises issues not raised in their main brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
FLORIO, J.P., KRAUSMAN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23171
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-01861 New York Hospital Medical Center of Queens, a/a/o David McNeal, et al., appellants, v Clarendon National Insurance Company, respondent. (Index No. 8254/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, to recall and vacate a decision and order of this court dated December 27, 2004 which determined an appeal from an order of the Supreme Court, Nassau County (Davis, J.), dated February 10, 2004, and to recalendar the appeal when all briefs are filed.
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 decision and order of this court dated December 27, 2004, is recalled and vacated; and it is further,
ORDERED that on or before April 7, 2005, the appellants shall serve one copy of the record and the appellants' brief on the respondent; and it is further,
ORDERED that on or before May 12, 2005, the respondent shall serve and file its brief, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellants' reply brief, if any, shall be served and filed on or before May 31, 2005; and it is further,
ORDERED that upon filing of the parties' respective briefs, the appeal shall be placed on the submission calendar.
H. MILLER, J.P., SCHMIDT, RITTER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23270
S/sl
|
2004-10310
Elizabeth M. Norton, respondent, v Kristopher F. Kendares, appellant. (Index No. 3538/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated October 6, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 2, 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
M23230
S/sl
|
2004-07684, 2005-02204
Patricia Penna, respondent, v Henry Penna, appellant. (Index No. 15546/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Suffolk County, entered September 28, 2004, and an order of the same court dated February 3, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until May 2, 2005, and the record or appendix on the appeals 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
M23238
PL/sl
|
2004-09200 Janice Pratt, respondent, v Matthew C. Ackert, et al., appellants. (Index No. 13321/02)
| ORDER ON APPLICATION |
Application by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated August 18, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until June 20, 2005, and the joint record or appendix on the appeals 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
M23240
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2005-02290 Jimmy Rivera, et al., respondents, v Yeshiva & Kollel Harbotzas Torah, appellant.
(Index No. 25690/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 7, 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.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23228
PL/sl
|
2004-07434 Robinson Motor Xpress, Inc., appellant, v HSBC Bank, USA, respondent. (Index No. 14361/03)
| 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, Nassau County, dated
July 12, 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
M23246
S/sl
|
2004-07777 Clifford Ross, appellant, v Jonathan Rose, et al., respondents. (Index No. 13050/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated August 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 28, 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
M23267
S/sl
|
2004-06433 Michael Sharp, plaintiff, v Linda Sharp, appellant; Kenneth J. Glassman, nonparty-respondent. (Index No. 27393/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered May 7, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 25, 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
M23234
S/sl
|
2004-06045
Treeline Garden City Plaza, LLC, et al., appellants, v UBS Warburg Real Estate Investments, Inc., et al., respondents.
(Index No. 16757/03)
| ORDER ON APPLICATION |
Application by the appellants 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 May 24, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23249
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2005-00454 Philip Walker, respondent, v Connetquot Central School District of Islip Central School Offices, et al., appellants. (Index No. 20995/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated December 20, 2004. Cross motion by the respondent, inter alia, to strike the record on appeal or direct the appellants to serve and file a supplemental record containing an order of the Supreme Court, Suffolk County, dated January 9, 2003, and a decision and order of this court dated May 24, 2004, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to strike the record on appeal or direct the appellants to serve and file a supplemental record is denied, without prejudice to the respondent including an appendix in his brief which contains the above referenced orders; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and filed a brief is granted; the respondent's time to serve and file a brief is enlarged until April 26, 2005.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23265
O/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2004-04559 Thelma Wegner, et al., respondents, v City of New York, defendant, Nathan Katz Realty, LLC, et al., appellants. (Index No. 3986/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 March 23, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23258
J/sl
|
2004-06560 Michael Zafran, appellant, v Lisa Zafran, respondent. (Index No. 26917/98)
| 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 July 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 21, 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
M23212
M/nal
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2005-02523 Michael Zafran, appellant, v Lisa Zafran, respondent. (Index No. 26917-98)
| SCHEDULING ORDER |
Appeal by Michael Zafran from an order of the Supreme Court, Nassau County, dated February 4, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23183
M/nal
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2005-02563, 2005-02564, 2005-02565 In the Matter of Shariff A. (Anonymous), appellant. (Docket No. D-18363/03)
| SCHEDULING ORDER |
Appeals by Shariff A. from three orders of the Family Court, Kings County, dated June 10, 2004, October 12, 2004, and February 17, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), 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 appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M23188
M/nal
|
2005-02596 In the Matter of Angela Y. Abbott, respondent, v Donte R. Burnes, appellant. (Docket No. O-21595/04)
| SCHEDULING ORDER |
Appeal by Donte R. Burnes from an order of the Family Court, Suffolk County, dated February 22, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M23214
M/nal
|
2005-02597 In the Matter of Imani B. (Anonymous). Suffolk County Department of Social Services, respondent; Vernon B. (Anonymous), appellant. (Docket No. N- 21224-04)
| SCHEDULING ORDER |
Appeal by Vernon B. from an order of the Family Court, Suffolk County, dated March 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23255
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2005-00355, 2005-00356
In the Matter of Patricia Brown, petitioner, v Robert Clancy, et al., respondents. (Proceeding No. 1) In the Matter of Patricia Brown, petitioner, v Ericka Paganini, respondent. (Proceeding No. 2) In the Matter of Robert Clancy, petitioner, v Erika Paganini, et al., respondents. (Proceeding No. 3) In the Matter of Ronald Paganini, appellant, v Patricia Brown, et al., respondents-respondents. (Proceeding No. 4) (Docket Nos. V-0678-01, V-0679-01, V-1930-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Nassau County, both dated November 29, 2004, to direct regular visitation with the subject child and to direct the Family Court, Nassau County to schedule a new hearing on the issue of the custody of the subject child upon the ground of new evidence.
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, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23215
M/nal
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2005-02601 In the Matter of Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant, v Paul T. Brzozowski, respondent. (Proceeding No. 1) In the Matter of Paul T. Brzozowski, respondent, v Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant. (Proceeding No. 2) (Docket Nos. V-1938-03, V-6809-03)
| SCHEDULING ORDER |
Appeal by Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen from an order of the Family Court, Nassau County, dated February 23, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23216
M/nal
|
2005-02599 In the Matter of Simon Deith, respondent, v Susan Deith, appellant. (Docket No. O-5170-03)
| SCHEDULING ORDER |
Appeal by Susan Deith from an order of the Family Court, Nassau County, dated May 25, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within15 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 15 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
M23209
M/nal
|
2005-02514 In the Matter of Richard Fenical, appellant, v Renee Fenical, respondent. (Docket No. F-6257/02)
| SCHEDULING ORDER |
Appeal by Richard Fenical from an order of the Family Court, Orange County, dated February 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23213
M/nal
|
2005-02584 In the Matter of Joseph Flannery, respondent, v Patricia Flannery, appellant. (Docket Nos. V-465-02, V-466-02)
| SCHEDULING ORDER |
Appeal by Patricia Flannery from an order of the Family Court, Orange County, dated February 22, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23273
S/sl
|
2004-04341, 2004-09611
In the Matter of Rinaldo Gargano, appellant, v City of New York Department of Finance, et al., respondents. (Index No. 18548/00)
| 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 April 14, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 6, 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
M23073
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
1991-10342
In the Matter of Joseph Richard Guardino, a disbarred attorney. (Attorney Registration No. 1550078)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Joseph Richard Guardino, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 15, 1966. By opinion and order of this court dated December 7, 1992, the respondent was disbarred upon his default in appearing in that proceeding. By decision and order on motion of this court dated March 2, 1993, his motion for reargument or for leave to appeal to the Court of Appeals from the opinion and order dated December 7, 1992, was denied. By decision and order on application dated November 28, 2000, the respondent's application for reinstatement as an attorney and counselor-at-law was denied. By decision and order on motion dated March 15, 2001, his motion for reargument was denied.
Upon the papers filed in support of the motion and the papers submitted in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to arrange for the examination of the respondent by a qualified medical expert to determine whether he is incapacitated from practicing law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23178
M/nal
|
2005-02516 In the Matter of Wisdom M. (Anonymous). Administration for Children's Services, respondent; Catherine M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Wadjet R. (Anonymous). Administration for Children's Services, respondent; Catherine M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N- 2469/03, N- 1100/04)
| SCHEDULING ORDER |
Appeal by Catherine M. from an order of the Family Court, Richmond County, dated January 31, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M23252
J/sl
|
2004-10374 In the Matter of Norman Morey, petitioner, v Somers Central School District, respondent. (Index No. 7271/04)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief in a proceeding that was transferred to this court by order of the Supreme Court, Westchester County, dated June 15, 2004.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until April 1, 2005, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the petitioner's reply brief shall be served and filed on or before April 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23226
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-06860 In the Matter of Idrissa R. (Anonymous). Angel Guardian-St. Mary's Children and Family Services, appellant. (Docket No. A-18255-03)
| DECISION & ORDER ON MOTION |
Appeal by Angel Guardian-St. Mary's Children and Family Services from an order of the Family Court, Kings County, dated July 1, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1112).
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M22990
R/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2005-01135 In the Matter of United Water New Rochelle, Inc., appellant, v James R. King, etc., respondent. (Index No. 11893/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Westchester County, entered January 24, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is placed on the calendar for April 29, 2005, and the appeal shall be argued or submitted on that day.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23182
M/nal
|
2005-02582 In the Matter of Bilma Vignolesi, petitioner-respondent, v John Meehan, appellant, et al., respondent-respondent. (Docket No. V-4458/04)
| SCHEDULING ORDER |
Appeal by John Meehan from an order of the Family Court, Orange County, dated February 16, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M23191
M/nal
|
2005-02598 In the Matter of Davion W. (Anonymous). Nassau County Department of Social Services, respondent; Ogan W. (Anonymous), appellant. (Docket No. N-02648-02)
| SCHEDULING ORDER |
Appeal by Ogan W. from an order of the Family Court, Nassau County, dated December 15, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M23257
J/sl
|
2004-08727 In the Matter of Steven J. Willard, et al., petitioners-respondents, v Robert Meehan, etc., et al., appellants, Antonio Carozza, et al., respondents-respondents. (Index No. 4532/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered August 30, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 26, 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
M21956
F/
ANITA R. FLORIO, J.
|
2004-07292 The People, etc., plaintiff, v Allen Anderson, defendant. (Ind. No. 10741/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 21, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M23232
PL/sl
FRED T. SANTUCCI, J.P.
STEPHEN G. CRANE
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
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2002-11370 The People, etc., respondent, v Oral Dawkins, appellant. (Ind. No. 8813/01)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered December 9, 2002, to unseal and release an audiotaped recording and related documents for the purpose of permitting her to review and obtain a copy of them for use on the appeal. By a decision and order on motion of this court dated December 27, 2004, the motion was held in abeyance and the District Attorney was directed to submit to this court the audiotaped recording and related documents for in camera inspection.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and this court's in camera inspection of the audiotaped recording and related documents, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., CRANE, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M21957
F/
ANITA R. FLORIO, J.
|
2004-09867 The People, etc., plaintiff, v Hassan Nelson, defendant. (Ind. No. 480/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated September 27, 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
M23247
C/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2002-01851 The People, etc., respondent, v Gwendolyn Smith, appellant. (Ind. No. 01-00748)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to withdraw an appeal from a judgment of the Supreme Court, Westchester County, rendered January 24, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is deemed withdrawn.
H. MILLER, J.P., SCHMIDT, RITTER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23236
S/sl
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2003-06112
The People, etc., respondent, v Sylvester Vallee, appellant. (Ind. No. 2634/02)
| 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 June 30, 2003.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on March 24, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court