Appellate Division: Second Judicial Department
M23445
PL/sl
|
2004-08599 James BiLello, et al., respondents, v Genesis Seafood, Inc., et al., defendants, Elsie Rockett, non-party appellant. (Index No. 14090/02)
| 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, Nassau County, dated July 30, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 27, 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
M23432
PL/sl
|
2004-08834
Jane Browdame, appellant, v Lewis J. Candura, et al., respondents. (Index No. 34806/01)
| 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, Kings County, dated August 19, 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
M23400
S/sl
|
2004-08597
City of New York, appellant, v Evanston Insurance Company, respondent. (Index No. 3383/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 17, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 27, 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
M23391
R/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-01939, 2004-06939
Margaret Cruz, respondent, v James P. McAneney, appellant.
(Index No. 24368/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated October 17, 2003, and July 2, 2004, respectively, for leave to reargue a motion to stay all discovery in the above-entitled action pending hearing and determination of the appeals, which was determined by decision and order of this court dated February 10, 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, with $100 costs.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23386
PL/sl
|
2004-06870 Joseph Curatolo, respondent, v Rosario Curatolo, appellant. (Index No. 10630/98)
| 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, Queens County, dated June 18, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 1, 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
M23433
PL/sl
|
2004-09672 Keith Darbonne, appellant, v Alex Goldberger, et al., respondents. (Index No. 5976/03)
| 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, Rockland County, dated September 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 20, 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
M23408
Y/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-01871 David Diamond, et al., appellants, v Adrian DiLuzio, et al., respondents. (Index No. 4266/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents North Shore Long Island Jewish Health System, Inc., Schneider Children's Hospital, and William H. Kaplan to enlarge the respondents' time to serve and file their respective briefs and joint respondents' appendix on an appeal from an order of the Supreme Court, Nassau County, dated December 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents' time to serve and file their respective briefs and joint respondents' appendix is enlarged until June 1, 2005, and the respondents' respective briefs and joint respondents' appendix must be served and filed on or before that date.
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23397
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01058, 2004-05605 Richard Dubi, etc., et al., appellants, v Jericho Fire District, et al., respondents. (Index No. 01/13610)
| DECISION & ORDER ON MOTION |
Motion by Lambert & Weiss, counsel for respondent Richard Schiraldi on appeals from two orders of the Supreme Court, Suffolk County, dated January 5, 2004, and May 3, 2004, respectively, inter alia, to strike the brief filed by Morris Duffy Alonso & Faley, LLP, to the extent that it was filed on behalf of respondent Richard Schiraldi, and to add Morris Duffy Alonso & Faley, LLP, as co-counsel on the brief filed by Lambert & Weiss.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the brief filed by Morris Duffy Alonso & Faley, LLP, is stricken to the extent that it was filed on behalf of respondent Richard Schiraldi, and the motion is otherwise denied; and it is further,
ORDERED that on court's own motion the appellants' reply brief, if any, shall be served and filed on or before April 11, 2005.
H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23401
S/sl
|
2004-08697 Shara Evanter, etc., et al., respondents, v Town of Brookhaven, appellant. (Index No. 21203/01)
| 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, Suffolk County, dated July 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 29, 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
M23453
PL/sl
|
2004-09242
William S. Federkiel, appellant, v Long Island Power Authority, et al., respondents. (Index No. 17396/00)
| 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, Suffolk County, dated September 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 6, 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
M23464
Y/sl
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-01443 Leonardo Fontani, appellant, v Joseph Hershowitz, a/k/a Joseph Gershowitz etc., et al., respondents. (Index No. 16672/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to vacate a decision and order on motion of this court dated June 17, 2003, which granted his application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 7, 2002.
Upon the papers filed in support of the motion, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23459
S/sl
|
2004-10446
Forest Hills Garden Corporation, appellant-respondent, v West Side Tennis Club, respondent-appellant.
(Index No. 26304/01)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross-appeal from an order of the Supreme Court, Queens County, dated October 26, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23346
PL/sl
|
2004-06661 Fortune Limousine Service, Inc., appellant- respondent, v Nextel Communications, et al., respondents-appellants, et al., respondents. (Index No. 28067/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent 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 June 15, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until May 27, 2005, and the record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23430
Y/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2004-09834 Fremont Investment and Loan, respondent, v Miguel A. Jiminez, et al., appellants, et al., defendants. (Index No. 3278/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 13, 2004, on the ground that it has been rendered academic.
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 appeal is dismissed, without costs or disbursements.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23403
S/sl
|
2004-08593 Dale Gleason, appellant, v William Gottlieb, et al., defendants third-party plaintiffs-respondents; Taocon, Inc., et al., third-party defendants-respondents. (Index No. 1242/02)
| 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, Nassau County, dated August 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 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
M23452
Y/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-06728 Carol Glick, n/k/a Carol Sheft, respondent, v Russell Glick, appellant. (Index No. 5888/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to direct the appellant to serve and file a supplemental appendix containing certain transcripts and exhibits and to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated July 8, 2004.
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 direct the appellant to serve and file a supplemental appendix is granted to the extent that on or before April 21, 2005, the appellant shall serve and file a supplemental appendix containing the respondent's post-trial memorandum of law regarding the issue of an attorney's fee, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge time is granted, the respondent's time to serve and file a brief is enlarged until May 23, 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.
COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23396
S/sl
|
2004-07429
Helen Hagan, appellant, v P.C. Richards & Son, Inc., respondent. (Index No. 895/03)
| 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, Nassau County, dated July 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 18, 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
M23406
S/sl
|
2004-06058
Daniel Hageman, appellant, v Home Depot, USA, Inc., defendant third-party plaintiff-respondent; B&G Electrical Contractors of L.I., Inc., et al., third-party defendants-respondents.
(Index No. 3622/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated June 28, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 6, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23460
S/sl
|
2004-07130
Frank A. Mascolo, et al., appellants v Romaz Properties, Ltd., respondent. (Index No. 29794/00)
| ORDER ON APPLICATION |
Application by the appellants pursuants to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 10, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 6, 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
M19449
S/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
SONDRA MILLER
DAVID S. RITTER, JJ.
|
2004-02654
Arax Minassian, appellant, v Myron H. Temares, et al., respondents, et al., defendants. (Index No. 15904/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 22, 2004, on the ground that no appeal lies from the portion of the order which denied the appellant's motion to resettle the decretal paragraphs of a judgment of the same court, dated October 25, 2002, and no appeal lies as of right from the remaining portion of the order. Motion by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from that portion of the order as denied resettlement is granted (see Masters, Inc., v White House Discounts, 119 AD2d 639); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the remaining portions of the order is granted, as those portions of the order are not appealable as of right and we decline to grant leave to appeal (see Barbarita v Shilling, 115 AD2d 630); and it is further,
ORDERED that the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion to enlarge time to perfect the appeal is denied as academic.
PRUDENTI, P.J., ADAMS, S. MILLER and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23398
S/sl
|
2004-09402
Peter Moutafis, respondent, v William Osborne, appellant.
(Index No. 29777/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order of the Supreme Court, Suffolk County, dated August 5, 2004, and a judgment of the same court, dated October 15, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23465
Y/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2001-11057 Anthony Passalacqua, appellant, v State of New York, respondent. (Claim No. 96084)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue a prior motion to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2002 Calendar", dated November 12, 2002, as dismissed an appeal from an order of the Court of Claims, dated October 30, 2001, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal, which was determined by decision and order on motion of this court dated September 8, 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.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23461
S/sl
|
2004-08747
Nicholas Petervary, appellant, v Algie Bubnis, et al., respondents. (Index No. 21003/01)
| 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, Suffolk County, dated September 2, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 30, 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
M23405
Y/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-06452 Alan Rosenfeld, appellant, v Community School District No. 28, et al., respondents. (Index No. 12575/03)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 4, 2004, on the ground that the order denies reargument.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, without prejudice to raising the contention in the respondents' brief.
COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23462
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-07194, 2005-00190 S.K. Mortgage Holdings Limited Partnership, respondent, v Vincent Subirats, et al., appellants. (Index No. 19238/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for a preference in the calendaring of appeals from an order of the Supreme Court, Suffolk County, dated July 7, 2004, and a judgment of the same court entered December 28, 2004. Cross motion by the appellants to dismiss the appeal on the ground that the appendix is inadequate.
Upon the papers filed in support of the motion and cross motion and the papers filed in relation thereto, it is
ORDERED that the motion and cross motion are denied.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23411
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00522
Dominick Servidio, appellant, v Tanya Linzalone Servidio, respondent. (Index No. 203472-02)
| DECISION & ORDER ON MOTION |
Appeal by Dominick Servidio from an order of the Supreme Court, Nassau County, dated December 6, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 25, 2005, 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; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 9, 2005.
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23449
Y/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-07702, 2003-09022 Peter Stassou, etc., respondent-appellant, v Casini & Huang Construction, Inc., defendant, Peter Casini, et al., appellants-respondents. (Index No. 6863/85)
| DECISION & ORDER ON MOTION |
Motions by (1) the appellant-respondent Korea Exchange Bank, (2) the appellant-respondent Peter Casini, and (3) the respondent-appellant Peter Stassou for leave to reargue an appeal and cross appeal from a decision of the Supreme Court, Queens County, dated August 12, 2003, and a judgment of the same court dated August 29, 2003, which were determined by decision and order of this court dated January 31, 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 motions and the papers filed in relation thereto, it is
ORDERED that the motions are denied.
SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23441
PL/sl
|
2004-08658 Max Weiss, appellant, v The Gates at Bagatelle, LLC, et al., respondents. (Index No. 2268/01)
| 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, Suffolk County, dated August 23, 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
M23399
S/sl
|
2004-06555 Petro Yedynak, appellant, v Citnalta Construction Corporation, respondent. (Index No. 26952/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, dated June 15, 2004.
ORDERED that the application is granted and the reply brief must be served and filed on or before April 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23404
S/sl
|
2004-09261 Leszek Zukowski, et al., appellants, v Yury Gokhberg, et al., defendants, V&V Construction Corporation, respondent. (Index No. 28062/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 30, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 15, 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
M23443
Y/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
ROBERT W. SCHMIDT
STEVEN W. FISHER, JJ.
|
2003-04017, 2003-11271 In the Matter of Astoria Gas Turbine Power, LLC, appellant, v Tax Commission of City of New York, et al., respondents. (Index No. 103911/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated January 18, 2005, which determined appeals from two orders of the Supreme Court, Queens County, dated March 10, 2003, and October 7, 2003, 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.
PRUDENTI, P.J., FLORIO, SCHMIDT and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23418
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00429
In the Matter of Lathaniel B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David W. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of David W. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; David W. (Anonymous), appellant, et al., respondent. (Proceeding No.2) (Docket Nos. N-1221-03, N-1222-03)
| DECISION & ORDER ON MOTION |
Appeal by David W., the father, from an order of the Family Court, Suffolk County, dated December 20, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated January 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23420
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00673
In the Matter of Mike Cartagena, appellant, v Marie E. Duenas, respondent. (Docket No. V-02055-04)
| DECISION & ORDER ON MOTION |
Appeal by Mike Cartagena from an order of the Family Court, Richmond County, dated December 13, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23415
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00150
In the Matter of E. S., respondent, v P. D., appellant. (Index No. 00009-03)
| DECISION & ORDER ON MOTION |
Appeal by P. D. from an order of the Supreme Court, Suffolk County, dated December 1, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 24, 2005, 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; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 24, 2005.
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23423
Y/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-04152 In the Matter of Sikorska Eleonora, appellant, v New York State Office of Temporary and Disability Assistance, et al., respondents. (Index No. 21864/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to serve and file a supplemental record and to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated April 16, 2004
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge time is granted, the respondents' time to serve and file a brief is enlarged until April 11, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23427
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2004-08763
In the Matter of Martha Elizalde, appellant, v Andres De La Torre, respondent. (Docket No. V-08698/01)
| DECISION & ORDER ON MOTION |
Appeal by Martha Elizalde from an order of the Family Court, Queens County, dated September 2, 2004. By order dated January 4, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person upon papers establishing that she was entitled to that relief and indicating that she is interested in pursuing the appeal on or before January 25, 2005. The appellant has failed to do so. By order to show cause dated February 16, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal.
Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23450
S/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-02778 In the Matter of Louis Galanos, respondent, v Suzanne Galanos, appellant. (Docket Nos. V-05192-03, V-05193-03)
| DECISION & ORDER ON MOTION |
Appeal by Suzanne Galanos from an order of the Family Court, Dutchess County, dated February 14, 2005.
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 we decline to grant leave to appeal (see Family Ct Act § 1112).
COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23426
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00417
In the Matter of Andrea M. Gibbs, respondent, v Melvin Gibbs III, appellant. (Docket No. F-10664/93)
| DECISION & ORDER ON MOTION |
Appeal by Melvin Gibbs III from an order of the Family Court, Queens County, dated October 19, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23055
M/nal
|
2004-09432 In the Matter of Antonio I. (Anonymous). Suffolk County Department of Social Services, respondent; Tony I. (Anonymous), et al., appellants. (Docket Nos. B-20949-03, B-20950-03, B-20951-03)
| SCHEDULING ORDER |
Appeal by Kathleen I. from an order of the Family Court, Suffolk County, dated November 1, 2004. By decision and order on motion of this court dated March 16, 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 16, 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
M23421
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00420
In the Matter of Eliza Iosilevich, appellant, v Mark Zauelin, respondent. (Docket No. O-16244-04)
| DECISION & ORDER ON MOTION |
Appeal by Eliza Iosilevich from an order of the Family Court, Queens County, dated December 15, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23424
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00415
In the Matter of Esther Moses, appellant, v Joshua Rosenbaum, respondent. (Docket Nos. V-32927-04, V-32928-04)
| DECISION & ORDER ON MOTION |
Appeal by Esther Moses from an order of the Family Court, Kings County, dated December 15, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 31, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 31, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23451
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00650 In the Matter of Dana Prible, appellant, v Robert Prible, respondent. (Docket No. F-2779-98)
| DECISION & ORDER ON MOTION |
Appeal by Dana Prible from an order of the Family Court, Suffolk County, dated December 17, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.
Now on the court's own motion, and upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the order to show cause to dismiss the appeal is denied as academic.
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23417
M/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-00194
In the Matter of Todd C. Stumpf, respondent, v Marie Stumpf, appellant. (Docket No. F-06682-04)
| DECISION & ORDER ON MOTION |
Appeal by Marie Stumpf from an order of the Family Court, Suffolk County, dated November 24, 2004. By order to show cause dated March 8, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 21, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23463
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
1995-08872 The People, etc., respondent, v Javier Card, appellant. (Ind. No. 5797/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered September 5, 1995. The appellant's motion to dispense with printing and for assignment of counsel was granted on June 25, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W.L. Fahey, Esq.
Appellate Advocates,
2 Rector Street - 10th Floor
New York, New York 10006
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 said assigned counsel is directed to turn over all papers in the action to retained counsel:
Sidley Austin Brown & Wood, LLP
787 Seventh Avenue
New York, New York 10019
and it is further,
ORDERED that the appellant's poor person status is continued; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
COZIER, J.P., RITTER, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23428
A/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-10439 The People, etc., respondent, v Joseph Elpenord, appellant. (Ind. No. 2923/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Nassau County, rendered December 1, 2004, and to continue the stay of execution of said judgment pending determination of the appeal to this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the stay of execution of the judgment contained in the decision and order on motion of this court dated December 8, 2004, as amended by the decision and order on motion of this court dated March 17, 2005, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected on or before April 1, 2005, and on the same bail conditions set forth in the decision and order on motion of this court dated December 8, 2004; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before April 1, 2005; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23454
S/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-10470 The People, etc., respondent, v Alfonzo Forney, appellant.
(Ind. No. 7260/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 17, 2003, for leave to reargue his prior motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this court dated January 26, 2005.
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 upon reargument the decision and order on motion dated January 26, 2005, is recalled and vacated; and it is further,
ORDERED that the branch of the prior motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the County Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the branch of the motion which is to assign counsel is granted and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street, 10th Floor
New York, New York, 10006
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); 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 appeal is taken.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
01-A-3262
Clinton Correctional Facility
P.O. Box 2000
Dannemora, New York 12929-2000
Appellate Division: Second Judicial Department
M23402
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-05038 The People, etc., respondent, v Sharron Ivory, appellant. (Ind. No. 8181/01)
| 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 Supreme Court, Kings County, rendered May 22, 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 May 6, 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
Appellate Division: Second Judicial Department
M23413
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-02104 The People, etc., respondent, v James Warren, appellant.
(Ind. No. 2648/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se, inter alia, for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge time 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; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court