Appellate Division: Second Judicial Department
M23292
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2004-03817
Allen Benzaken, et al., respondents-appellants, v Verizon Communications, Inc., respondent, Frank C. Talarico s/h/a "John" Talarico, appellant-respondent. (Index No. 43827/01)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated February 27, 2004.
ORDERED that the application is granted and the reply brief shall be filed on or before April 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23289
E/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2004-01785 Regina Biondolillo, etc., et al., respondents, v City of New York, et al., defendants, Tweety Day Care, appellant. (Index No. 29153/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated January 23, 2004, which was determined by decision and order of this court dated December 27, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23286
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2004-06638 Ralph Brill, d/b/a Manitou Realty, appellant, v Gail Koff, etc., et al., respondents, Omer Shorshi, etc., defendant. (Index No. 885/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated July 12, 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
M23294
E/sl
A. GAIL PRUDENTI, P.J.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
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2003-08073 Ernesto Carballo, plaintiff, v 444 East 87th Street Owners Corp., et al., respondents, Big Z Builders, Inc., etc., et al., appellants. (Index No. 321/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 31, 2003, which was determined by decision and order of this court dated January 18, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23296
A/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
FRED T. SANTUCCI
PETER B. SKELOS, JJ.
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2002-09703 Paul Clark, etc., appellant, v County of Nassau, respondent. (Index No. 16340/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered September 12, 2002, which was determined by decision and order of this court dated November 29, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, SANTUCCI and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23330
O/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
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2005-02536 Countrywide Home Loans, Inc., f/k/a Countrywide Funding Corporation, appellant, v Louise E. Ais, et al., respondents. (Index No. 15274/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, dated January 7, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23293
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
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2003-05567 Charles Damanti, et al., respondents, v Jamaica Community Adolescent Program, appellant. (Index No. 169/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated May 12, 2003, which was determined by decision and order of this court dated November 1, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., SCHMIDT, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23288
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2000-10282 Alice Laraine Dimery, appellant-respondent, v Ulster Savings Bank, respondent-appellant. (Index No. 230/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant for leave to reargue an appeal from a judgment of the Supreme Court, Putnam County, entered October 26, 2000, which was determined by decision and order of this court dated December 27, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23305
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-04738
Rosalba Fantini, et al., plaintiffs-respondents, v 65th Development, LLC, et al., defendants- respondents, B. Warranty Home Construction, Inc., appellant. (Index No. 36189/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 12, 2004.
Upon the stipulation of the attorneys for the respective parties, dated March 14, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23328
J/sl
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2004-09017
Erin Finch, etc., et al., plaintiffs, Maudlyn Curry, appellant, v Michael F. Whalen, Jr., respondent. (Index No. 12885/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated August 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 31, 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
M23271
A/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-06776 Leonard Fontani, appellant, v Joseph Hershowitz, a/k/a Joseph Ghershowitz, et al., respondents. (Index No. 6101/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated July 8, 2003, which was determined by decision and order of this court dated November 29, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., RITTER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23290
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2004-02022 Adelfa Garcia, etc., et al., respondents, v Joaly Enterprise Company, et al., appellants. (Index No. 32412/02)
| 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 January 5, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 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
M23287
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2004-05577 Patricia LaPierre, appellant, v Allen D. Efron, etc., et al., respondents. (Index No. 16568/00)
| 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 a judgment of the Supreme Court, Queens County, dated June 9, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 15, 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
M23313
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-04597 Catherine Lambert, respondent, v J.C. Penney Company, Inc., appellant. (Index No.12796/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 22, 2004.
Upon the stipulation of the attorneys for the respective parties, dated March 23, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23239
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2005-01496 Sondra Lowery, respondent-appellant, v Henry LaMaute, appellant-respondent. (Index No. 7496/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay enforcement of a judgment of the Supreme Court, Queens County, dated December 21, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the judgment dated December 21, 2004, is stayed pending hearing and determination of the appeal on condition that, on or before April 25, 2005, in accordance with CPLR 5519(g), the appellant-respondent posts an undertaking, in the sum of $2,000,000 in the office of the County Clerk of Queens County, unless already posted, and a joint undertaking is posted in the office of the County Clerk of Queens County, by the appellant-respondent and any insurer of his professional liability that, during the period of the stay, the appellant-respondent will make no fraudulent conveyance; and it is further,
ORDERED that in the event the undertaking and joint undertaking are not posted on or before April 25, 2005, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23311
S/sl
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2004-06362
Betty Matos, respondent-appellant, v City of New York, respondent, New York City Transit Authority, appellant-respondent. (Index No. 10712/04)
| 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, Richmond County, dated June 25, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until March 30, 2004, and the respondent's brief must be served, either personally or by overnight mail, and filed on or before that date; and it is further,
ORDERED that any reply briefs, including the respondent-appellant's reply brief to the reply brief of the appellant-respondent, must be served and filed on or before April 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23291
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2003-04363 Candy Medina, respondent, v City of New York, appellant. (Index No. 3384/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered April 17, 2003, which was determined by decision and order of this court dated January 10, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., CRANE, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23299
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-01459
Nikki Murphy, et al., respondents, v State of New York, appellant.
(Claim No.66991)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Court of Claims, dated December 8, 2003.
Upon the stipulation of the attorneys for the respective parties, dated March 8, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23329
O/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-10373 Michael Pascarelli, plaintiff, v Mary Pascarelli, defendant-respondent; NGH Associates, Ltd., et al, nonparty- appellants. (Index No. 200742/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated October 21, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23303
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2004-09106 Christopher Riddick, appellant, v Virginia Thompson, et al., respondents. (Index No. 9246-1)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated February 5, 2003, on the ground that the appeal was not timely taken (see CPLR 5513).
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., KRAUSMAN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23285
E/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
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2004-07532 Peter Somma, appellant, v Tiziana Somma, respondent. (Index No. 5752/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 9, 2004, in effect, to vacate an order on application of this court dated February 23, 2005, granting the appellant's application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal, on the ground that the appellant did not demonstrate a reasonable ground for the enlargement, and to dismiss 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
M23320
O/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2005-01064 Gabrialle Taylor, respondent, v Renrick Benn, etc., et al., appellants. (Index No. 5136/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 17, 2004, on the ground that the appellants cannot appeal from the order having failed to appeal from a judgment of the same court entered October 25, 2004, and cross motion by the appellants to deem the notice of appeal from the order to also be a notice of appeal from the judgment.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23310
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-10027 Tower Risk Management, etc., et al., respondents, v Colin Services Systems, Inc., appellant. (Index No. 9988/04)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an amended order of the Supreme Court, Kings County, dated September 27, 2004.
Upon the stipulation of the attorneys for the respective parties, dated March 8, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23261
A/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
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2004-06167 Georgina M. Tufano, appellant, v Lourdes C. Abrigo, etc., et al., respondents. (Index No. 47409/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Lourdes C. Abrigo, joined by the respondents Joynson F. Rayside, and Francisco A. Siguenza, to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 30, 2004, for failure to timely perfect the same.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23295
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2004-02150 VSF Coalition, Inc., appellant, v Nicholas Scoppetta, etc., defendants, Eliot Spitzer, etc., respondent. (Index No. 17013/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated February 11, 2004, which was determined by decision and order of this court dated December 20, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23309
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2004-07345 Weinreb Management, LLC, et al., appellants, v KBD Management, Inc., respondent. (Index No. 7345/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Rockland County, dated August 2, 2004, on the ground that the appellant did not perfect the appeal in accordance with the decision and order on motion of this court dated January 3, 2005, or, in the alternative, to enlarge the 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 branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until April 29, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23244
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
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2004-05090 Charles Dun-Zheng Yan, appellant, v Nancy Klein, et al., respondents.
(Index No. 8004/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, dated May 5, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on 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 on condition that on or before April 25, 2005, the appellant (1) shall serve and file a supplemental appendix containing a copy of the transcript of the hearing held in the Supreme Court, Queens County, on December 9, 2003, and (2) strike or remove pages 37-40, 44-49, and 60-61 from the copies of the appendix on file with this court.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23276
S/sl
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2004-06601
Robin J. Zablow, appellant, v Leonard DiSavino, et al., respondents. (Index No. 7185/99)
| ORDER ON APPLICATION |
Application by the respondent Anthony Cutri 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, Westchester County, dated June 29, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until April 4, 2005, and the movant'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
M23282
M/nal
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2003-10783 In the Matter of Brittney (Anonymous). Lisa Z. (Anonymous), et al., respondents; Frederick C. (Anonymous), appellant. (Proceeding No. 1)
(Docket No. A-2745-03) 2004-01792 In the Matter of Lisa Z. (Anonymous), et al., respondents v Frederick C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. V-4863-96)
| SCHEDULING ORDER |
Appeals by Frederick C. from two orders of the Family Court, Dutchess County, dated November 3, 2003 (Appellate Division Docket No. 2003-10783), and January 29, 2004 (Appellate Division Docket No. 2004-01792), respectively. The appellant's brief was filed in the office of the Clerk of this court on December 17, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent Lisa Z. to serve and file a brief on the appeal is enlarged until April 29, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23223
M/nal
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2004-09520, 2004-09620
In the Matter of Alexis C. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous), et al., appellants. In the Matter of Cheyenne C. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous), et al., appellants. In the Matter of Justin N. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous), et al., appellants. (Docket Nos. N-15008-01, N-15009-01, N-15010-01)
| ORDER TO SHOW CAUSE |
Appeals by Valerie C. from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004, respectively, and separate appeal by Damien N. from the order dated September 27, 2004. By decision and order on motion dated January 13, 2005, the following attorney was assigned as counsel for the appellant Damien N.:
Alan S. Cabelly, Esq.
91-30 Queens Blvd. - Suite 206
Elmhurst, New York 11373
(718) 533-1757
By scheduling order dated January 24, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4)an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated January 24, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before April 6, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23262
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10147, 2004-10148, 2004-10149 In the Matter of Latifah C. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Latisha L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Lyasia L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 3) (Docket Nos. N-11550/03, N-11551/03, N-11552/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to prosecute appeals from three orders of the Family Court, Kings County, dated July 8, 2004, August 25, 2005, and September 30, 2004, respectively, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted, the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Michael M. Lopoli, Esq.
167-16 Northern Blvd
P.O. Box 580283
Flushing, New York 11358
(718) 539-0622
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is referred to the Clerk of this Court pursuant to § 670.4(a) of the rules of this court (see 22NYCRR 670.4[a]); and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23269
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-10147, 2004-10148, 2004-10149 In the Matter of Latifah C. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Latisha L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Lyasia L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 3) (Docket Nos. N-11550/03, N-11551/03, N-11552/03)
| DECISION & ORDER ON MOTION |
Appeals by Morris L. from three orders of the Family Court, Kings County, dated July 8, 2004, August 25, 2004, and September 30, 2004, respectively. By order to show cause dated January 25, 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 in the above-entitled proceedings for failure to comply with the scheduling order dated November 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23277
M/nal
|
2003-02538
In the Matter of Theresa DeSanctis, respondent, v Vincent Macaluso, appellant. (Docket No. P-631-87)
| SCHEDULING ORDER |
Appeal by Vincent Macaluso from an order of the Family Court, Richmond County, dated February 28, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M23284
M/nal
|
2004-09174 In the Matter of Richard Futia, appellant, v Lynn Kaufteil, respondent. (Docket No. F-00664-98)
| SCHEDULING ORDER |
Appeal by Richard Futia from an order of the Family Court, Westchester County, dated September 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 21, 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
M23221
M/nal
|
2005-00428 In the Matter of Jasmine Hall, petitioner-respondent, v Orange County Department of Social Services, respondent, Kevin Mays, appellant. (Docket Nos. V-02726-04, V-02727-04)
| SCHEDULING ORDER |
Appeal by Kevin Mays from an order of the Family Court, Orange County, dated December 16, 2004. By decision and order on motion of this court dated March 3, 2005, the following attorney was assigned as counsel on the appeal:
Del Atwell, Esq.
P.O. Box 2516
Montauk, New York 11954
(631) 267-2067
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March 3, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M23266
M/nal
|
2004-08187 In the Matter of Fatia I. (Anonymous), appellant. (Docket No. D-38069-03)
| SCHEDULING ORDER |
Appeal by Fatia I. from an order of the Family Court, Kings County, dated September 14, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23298
A/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2003-05779, 2004-00618 DECISION & ORDER In the Matter of Malik J. (Anonymous). St. Christopher Ottilie, respondent; Donna F. (Anonymous), appellant. (Proceeding No. 1) In the Matter of "Female" G. (Anonymous). St. Christopher-Ottilie, respondent; Donna F. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-13537-99, B-5103-00)
| ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated December 27, 2004, which determined appeals from two orders of the Family Court, Queens County, both dated April 22, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23280
M/nal
|
2004-04854 In the Matter of Troy J. (Anonymous), appellant. (Docket No. D-16055-03)
| SCHEDULING ORDER |
Appeal by Troy J. from an order of the Family Court, Queens County, dated March 31, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 22, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M23194
O/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-11107 In the Matter of William J. J. (Anonymous), respondent; William W. J. (Anonymous), et al., appellants. (Index No. 175/88)
| DECISION & ORDER ON MOTION |
Motion by the appellants to recall and vacate a decision and order on motion of this court dated January 5, 2005, which dismissed an appeal from an order of the Supreme Court, Dutchess County, dated November 4, 2004, 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 branch of the motion which is to recall and vacate the decision and order on motion dated January 5, 2005, is granted to the extent that so much of the decision and order on motion of this court dated January 5, 2005, as dismissed the appeal from so much of the order dated November 4, 2005, as denied the appellants' motion to vacate an order of the same court dated December 11, 2003, is recalled and vacated, the appeal from that portion of the order is reinstated, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is denied as premature.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23224
M/nal
|
2004-06276, 2004-06277 In the Matter of Steven L. (Anonymous), appellant. (Docket No. D-035078/03)
| SCHEDULING ORDER |
Appeals by Steven L. from two orders of the Family Court, Kings County, dated June 1, 2004, and July 9, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on March 21, 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
M23211
M/nal
|
2005-02517 In the Matter of Shaquan N. M. (Anonymous), respondent. Orange County Attorney, appellant. (Docket No. D-214-05)
| SCHEDULING ORDER |
Appeal by the Orange County Attorney from an order of the Family Court, Orange County, dated February 25, 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
M23279
M/nal
|
2005-00310 In the Matter of Yevgeniya Medovaya, respondent, v Yuriy Medovoy, appellant. (Docket No. F-09304/02)
| SCHEDULING ORDER |
Appeal by Yuriy Medovoy from an order of the Family Court, Kings County, dated December 6, 2004. By decision and order on motion of this court dated March 22, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23278
M/nal
|
2005-01302 In the Matter of Nathalia P. (Anonymous). Administration for Children's Services, appellant; Anathalia P. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Alejandro R. (Anonymous). Administration for Children's Services, appellant; Anathalia P. (Anonymous), et al., respondents. (Proceeding No. 2 ) (Docket Nos. N-20644-04, N-20645-04)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated January 28, 2005. The appellant's brief was filed in the office of the Clerk of this court on March 23, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M23283
M/nal
|
2004-02369 In the Matter of Regina P. (Anonymous). Rockland County Department of Social Services, respondent; Kathy P. (Anonymous), appellant. (Docket No. NN-380-03)
| SCHEDULING ORDER |
Appeal by Kathy P. from an order of the Family Court, Rockland County, dated January 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on January 31, 2005, and the respondent's brief was served and filed on March 16, 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 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23281
S/sl
|
2004-05943
In the Matter of Paul Palmieri, appellant, v New York State Department of Environmental Conservation, et al., respondents. (Index No. 3925/02)
| 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 a judgment of the Supreme Court, Suffolk County, dated July 25, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 5, 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
M23275
M/nal
|
2004-04645 In the Matter of Osdila Santiago, appellant, v Ismail Ibrahim, respondent. (Docket No. V-17218-98)
| SCHEDULING ORDER |
Appeal by Osdila Santiago from an order of the Family Court, Queens County, dated April 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 2, 2004. By decision and order on motion of this court dated January 19, 2005, the appellant was given until March 11, 2005, to serve and file a pro se supplemental brief on the appeal. He has failed to do so. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until April 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23222
M/nal
|
2004-06836 In the Matter of Muriel Wilson, et al., petitioners- respondents, v Elizabeth Smith, appellant, et al., respondent. (Docket Nos. V-04845/01, V-06083/01)
| SCHEDULING ORDER |
Appeal by Elizabeth Smith from an order of the Family Court, Queens County, dated July 13, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23256
A/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2002-11008 The People, etc., respondent, v Christopher Daley, a/k/a Carl Henry, appellant. (Ind. No. 01-01036)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered November 21, 2002.
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 appellant's supplemental pro se brief shall be served and filed on or before May 16, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M23302
F/
STEVEN W. FISHER, J.P.
|
2005-00426 The People, etc., plaintiff, v Aaron Hudson, defendant. (Ind. No. 98-00808)
| 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, Westchester County, dated November 29, 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.
STEVEN W. FISHER
Associate Justice
Appellate Division : Second Judicial Department
M23301
F/
STEVEN W. FISHER, J.P.
|
2005-01075 The People, etc., plaintiff, v Noel Rivera, defendant. (Ind. No. 85-00410)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated December 16, 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.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M23316
O/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-09874 The People, etc., respondent, v Nehemiah Rolle, appellant. (Ind. No. 1677/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered September 19, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until April 19, 2005, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court