Appellate Division: Second Judicial Department
M23514
F/
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2004-10116 BDG Oceanside, LLC., appellant, v RAD Terminal Corp., et al., defendants; Gulf Oil, Limited Partnership, respondent. (Index No. 14890/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23524
J/nal
|
2004-09275 William P. Bartone, et al., plaintiffs, v City of New York Department of Sanitation, defendants third-party plaintiffs-respondents; A.A. Truck Renting Corp., third-party defendant-appellant. (Index Nos. 15760/03, 75098/04)
| 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 September 10, 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
M23530
A/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2004-05506
Joshua A. Becker, etc., et al., respondents-appellants, v University Physicians of Brooklyn, Inc., etc., et al., appellants-respondents, et al., defendants. (Action No. 1) (Index No. 43553/99) University Imaging Associates, P.C., respondent-appellant, v Academic Health Professionals Insurance Association, et al., defendants, University Physicians of Brooklyn, Inc., et al., appellants-respondents. (Action No. 2) (Index No. 10051/00)
| ORDER ON APPLICATION |
Motion by the appellants-respondents to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 7, 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 motion is granted; and it is further,
ORDERED that the time of the appellants-respondents to perfect the appeal is enlarged until May 26, 2005, and the joint record or appendix on the appeal and the brief of the appellants-respondents 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 briefs, including their points of argument on their cross appeals in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23543
E/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2004-06273 Anthony Caliendo, appellant-respondent, v Katherina Caliendo, respondent-appellant. (Index No. 15009/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated January 2, 2003, and cross motion by the respondent-appellant to enlarge the time to perfect a cross appeal from the same judgment.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appellant-respondent's time to perfect the appeal is enlarged until June 3, 2005, and the joint record or joint 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 cross motion is granted and the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23513
F/
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2004-10752 George L. Castelli, appellant, v Laurie T. Castelli, appellant. (Index No. 2844/90)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated September 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23518
A/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-06816, 2004-09562
Karen Elizabeth Chamberlain, appellant, v Mark Henry Chamberlain, respondent. (Index No. 28483/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from a judgment of the Supreme Court, Suffolk County, entered July 8, 2004, and an order of the same court dated October 18, 2004, to withdraw the brief previously filed and for leave to file a replacement brief in order to correct errors in the original brief filed with 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 granted; and it is further,
ORDERED that the brief filed by the respondent on January 26, 2005, is deemed withdrawn, and the replacement brief submitted to the Clerk of this court on March 4, 2005, is accepted for filing; and it is further,
ORDERED that the appellant's reply brief submitted to the Clerk of this court is accepted for filing.
H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23551
E/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2005-01229
Jose Cubi, plaintiff-respondent, v Nuevo Leon Restaurant, Inc., defendant-respondent, Minsoo Ryu, et al., appellants. (Index No. 22188/02)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 19, 2004, on the ground that the appeal was untimely taken.
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.
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23486
F/
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2005-00035 Maureen P. DiBuono, et al., respondents, v Omar Zatari, et al., appellants. (Index No. 18962/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23536
J/nal
|
2004-08744 Joseph J. DiSpaltro, respondent, v Deborah Kelly, appellant. (Index No. 9391/04)
| 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, Suffolk County, dated August 16, 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
M23545
E/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2004-03048 Smithy E. Dunbar, appellant, v Lorraine E. Dunbar, respondent. (Index No. 26249/87)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2004, as amended March 1, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted on condition that on or before May 9, 2005, the appellant serves and files a supplemental appendix containing all papers submitted in opposition or response to the motion which resulted in the order dated February 24, 2004, as amended March 1, 2004; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until June 8, 2005, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23542
J/nal
|
2004-08452 Jenna Emerizy, et al., respondents, v Amelia Villanueva, appellant. (Index No. 3909/03)
| 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, Orange County, dated August 27, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 7, 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
M23516
J/nal
|
2004-08757 Simone Ertel, appellant, v Connecticut Owners Corp., et al., respondents. (Index No. 27072/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 23, 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
M23505
J/nal
|
2004-08205 Lorraine Evans, respondent, v John Craig, et al., appellants. (Index No. 2755/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Orange County, dated July 23, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 3, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, must be served and filed on or before May 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23556
S/nal
|
2004-07026
Michael P. Fricke, respondent, v Christine Fricke, appellant. (Index No. 9344/00)
| 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 June 25, 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
M23535
A/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2004-07760
Tzivia Fryer, et al, respondents, v Maimonides Medical Center, et al., defendants, Lawrence Cohen, etc., appellant. (Index No. 22883/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial on the issue of future damages in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 21, 2004, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial on the issue of future damages is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23541
J/nal
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2004-05773 Gerelli Insurance Agency, Inc., appellant, et al., plaintiffs, v Donn Gerelli, etc., et al., respondents. (Index No. 12703/03)
| 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, Westchester County, dated May 17, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 18, 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
M23540
S/nal
|
2004-08862
Christian Gordon, etc., et al., respondents, v Peter Ko, defendant, Bessie Williams, appellant. (Index No. 8518/00)
| 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, Kings County, dated September 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 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
M23511
F/
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2005-01887 Ruth Gottesman, plaintiff-respondent, v Jaypeejay Foods, Inc., etc., defendant- respondent, G & G Enterprises, LLC, appellant. (Index No. 9845/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 18, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23537
Y/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
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2005-01558
Michael Harrington, plaintiff, v Jason Berg, et al., defendants. (Index No. CV-0445-02)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Michael Harrington for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated December 1, 2004, which affirmed a judgment of the City Court, City of Yonkers, entered December 9, 2003. Application by Jason Berg and VCA County Animal Clinic for the imposition of a sanction against Michael Harrington.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied without prejudice to Jason Berg and VCA County Animal Clinic making a motion for the same relief (see CPLR 8022[b]).
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23491
F/
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2005-02060 Ramon Hernandez, respondent, v Locust Plaza, LLC., appellant. (Index No. 1949/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23509
E/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2004-06255 Sofia Herrera, et al., respondents, v Carlisle St. Martin, et al., appellants, et al., defendants. (Index No. 22418/94)
| DECISION & ORDER ON MOTION |
Separate motions by the appellants to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, dated June 1, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeals is enlarged until May 25, 2005, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23548
E/nal
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2004-06583 Kevin Hinkson, appellant, v Veda D. Daughtry-Hinkson, respondent. (Index No. 25257/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 22, 2005 Calendar", dated February 22, 2005, as dismissed an appeal from an order of the Supreme Court, Kings County, dated June 23, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23482
F/
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2005-00263 JP Morgan Chase Bank, plaintiff-respondent, v Marc Kiviat, appellant, Yale Kiviat, defendant-respondent. (Index No. 17563/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23507
Y/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2004-05141
Mamun Khan, plaintiff-respondent, v Shoaib Hamid, et al., appellants, Mohamed E. Elhassani, et al., defendants-respondents. (Index No. 49936/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 18, 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 motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23555
S/nal
|
2004-06832
Kings Park Yacht Club, Inc., appellant, v State of New York, respondent. (Index No. 27216/96)
| 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, Suffolk County, dated July 21, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 30, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23493
F/
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2004-09721 Reginald Lovell, et al., respondents, v Ben Reichberg, et al., appellants. (Index No. 43351/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23392
K/nl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-07970, 2003-10072
Mabbettsville Convenience Store, Inc., respondent, v William J. Shanks, Jr., et al., defendants, Barger, Day & Oswald, appellant. (Index No. 1630/00)
| ORDER TO SHOW CAUSE |
The defendant Barger, Day & Oswald having appealed to this court from two orders of the Supreme Court, Dutchess County, dated July 30, 2003, and November 10, 2003, respectively, having perfected the appeals on May 27, 2004, and no brief having been filed by the respondent, the appeals were placed on this court's calendar for February 22, 2005. By letter dated February 22, 2005, the appellant's counsel advised this court, inter alia, that the action had been settled on or about December 15, 2004, and submitted a stipulation dated February 14, 2005, withdrawing the appeals.
Now, on the court's own motion, it is
ORDERED that the appellant and it's counsel, Milber, Makris, Plousadis & Seiden, LLP, are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate by 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 the respondent on or before April 29, 2005.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23546
L/
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-07970, 2003-10072 Mabbettsville Convenience Store, Inc., respondent, v William J. Shanks, Jr., et al., defendants, Barger, Day & Oswald, appellant. (Index No. 1630/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Dutchess County, dated July 30, 2003, and November 10, 2003, respectively.
Upon the stipulation of the attorneys for the respective parties, dated February 14, 2005, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23531
A/nal
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2003-09184
Stanislaw Majlinger, appellant, v Cassino Contracting Corp., et al., respondents; Eliot Spitzer, etc., intervenor (and other titles). (Index No. 12301/01)
| DECISION & ORDER ON MOTION |
Motion by the intervenor for leave to serve and file a reply brief on an appeal from an order of the Supreme Court, Richmond County, dated October 1, 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.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23483
F/
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2005-00884 Pasquale Martimucci, plaintiff-respondent, v Village of Hastings-on-Hudson, defendant third-party plaintiff-appellant; Verizon New York, Inc., third-party defendant-respondent. (Index No. 2999/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23472
R/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2004-07513
Manuel Martinez, plaintiff, v City of New York, et al., defendants.
(Index No. 31762/99)
| DECISION & ORDER ON MOTION |
Motion by the defendant City of New York for leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 7, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to the defendant City of New York seeking to vacate the order dated July 7, 2004, in the Supreme Court, Kings County; and it is further,
ORDERED that on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements.
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23532
A/nal
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-04344
Donald McNeil, et al, plaintiffs, v Brooklyn Hospital, et al., defendants third- party plaintiffs-respondents, S. J. Electric, Inc., defendant third-party defendant-appellant, et al., third-party defendant. (Index Nos. 49321/99, 76149/00)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party defendant-appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 25, 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 motion is granted; and it is further,
ORDERED that the time of the defendant third-party defendant-appellant to perfect the appeal is enlarged until May 26, 2005, and the record or appendix on the appeal and the brief of the defendant third-party defendant-appellant must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., RITTER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23547
A/nal
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2003-05085, 2004-01461
Alan Morton, et al., respondents, v State of New York, appellant. (Claim No. 96522)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue appeals from an order of the Court of Claims, dated October 21, 2002, and an interlocutory judgment of the same court dated May 7, 2003, which were 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.
PRUDENTI, P.J., ADAMS, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23558
S/nal
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2004-09143
New York Medical College, respondent, v Our Lady of Mercy Medical Center, appellant. (Index No. 9477/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered September 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 8, 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
M23517
F/
|
2004-07269 Maria Nisyriou, et al., appellants, v Top Tomato, et al., respondents. (Index No. 16282/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23560
S/nal
|
2004-06683
Chrislait Pierre, et al., respondents, v City of New York, appellant. (Index No. 11105/03)
| 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 April 28, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 25, 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
M23554
S/nal
|
2004-06042
Ronald Reiss, appellant, v Stella Reiss, respondent. (Index No. 17137/03)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated March 18, 2005, in the above-entitled case is amended by deleting from the decretal paragraph thereof the dated "April 5, 2005,", and substituting therefor the date "April 8, 2005".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23479
S/nal
|
2004-09106
Christopher Riddick, appellant, v Virginia Thompson, et al., respondents. (Index No. 9246/01)
| 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 February 5, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 7, 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
M23499
M/nal
|
2004-06453, 2004-10929 Richard Shen, respondent, v Melissa Mei-Lin Sun Shen, appellant. (Index No. 31226/01)
| SCHEDULING ORDER |
Appeals by Melissa Mei-Lin Sun Shen from an order of the Supreme Court, Queens County, dated July 8, 2004, and a judgment of the same court dated November 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 25, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the 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
M23562
S/nal
|
2004-07199
Henry Sung, respondent, v Salvatore Romano, appellant, et al., defendant. (Index No. 12993/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated July 7, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23484
F/
|
2004-10604 Joseph Testa, respondent, v National Amusements, Inc., appellant. (Index No. 12625/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23489
F/
|
2005-01173 Trade-Winds Environmental Restoration, Inc., plaintiff-respondent, v Kelly's Syosset Nursery, Inc., defendants-third-party plaintiff-respondent; Colonial Cooperative Insurance Company, appellant; et al., third-party defendant-respondent. (Index No. 20485/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 5, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23557
S/nal
|
2004-07058
Marie Varveris, respondent, v Hermitage Insurance Company, appellant. (Index No. 1784/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 2, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 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
M23538
J/nal
|
2004-08544 David W. (Anonymous), appellant, v State of New York, respondent. (Claim No. 106125)
| 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 Court of Claims, dated June 24, 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
M23561
S/nal
|
2004-05500
Jeno Weiss, a/k/a Jay Weiss, appellant, v Freestar Technologies, Inc., etc., respondent. (Index No. 46766/02)
| 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, Kings County, dated May 18, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23501
M/nal
|
2004-05370, 2004-07986, 2004-08579 In the Matter of Christina Dominique B. (Anonymous). St. Christopher Ottilie, petitioner-respondent; Connie Renee M. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Victoria LaChristian B. (Anonymous), a/k/a Victoria B. (Anonymous). St. Christopher Ottilie, respondent; Connie Renee M. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Megan Nicole Loreen T. (Anonymous), a/k/a Megan T. (Anonymous). Administration for Children's Services, et al., petitioners- respondents; Connie Renee M. (Anonymous), a/k/a Connie Renee T. (Anonymous), a/k/a Connie M. (Anonymous), a/k/a Connie T. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. B-24131-02, B-24132-02, B-24133-02)
| SCHEDULING ORDER |
Appeals by Connie Renee M. from three orders of the Family Court, Kings County, all dated March 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 3, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until May 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23503
F/
|
2004-07965 In the Matter of David A. B. (Anonymous), appellant. (Docket No. D-11652-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated August 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23488
M/nal
|
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)
| SCHEDULING ORDER |
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 decision and order on motion of this court dated March 28, 2005, the following attorney was assigned as counsel on the appeal:
Matthew M. Lupoli, Esq.
167-16 Northern Blvd
P.O. Box 580283
Flushing, New York 11358
(718) 539-0622
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March 28, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23533
Y/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
|
2005-00640, 2005-00642
In the Matter of Latisha C. (Anonymous). Forestdale, Inc., petitioner-respondent; Richard S. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Lateefia C. (Anonymous). Forestdale, Inc., petitioner-respondent; Richard S. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. B-15378/01, B-15379/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, both dated December 2, 2004, to grant the appellant leave to prosecute the appeals as a poor person, and for a preference in the calendaring of 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 to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before April 12, 2005 by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before May 3, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals; and it is further,
ORDERED that the branch of the motion which is for a preference is denied as unnecessary (see CPLR 5521).
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23550
A/nal
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-01767, 2004-01769
In the Matter of Frederick R. Cruikshank, deceased. Republic National Bank, et al., respondents; Rex Hutchinson, appellant. (File No. 1170/44)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated August 16, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2004 Calendar" as dismissed appeals from (1) a decision of the Surrogate's Court, Kings County, dated July 15, 2002, and (2) a decree of the same court dated July 24, 2003, for failure to timely perfect, to reinstate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23500
M/nal
|
2004-06571 In the Matter of Lorna D. (Anonymous), respondent, v Colin Anderson A. (Anonymous), appellant. (Docket No. P-02453-01)
| SCHEDULING ORDER |
Appeal by Colin Anderson A. from an order of the Family Court, Kings County, dated July 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 29, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23490
M/nal
|
2004-01312, 2005-02599 In the Matter of Simon Deith, respondent, v Susan Deith, appellant. (Docket No. O-5170/03)
| SCHEDULING ORDER |
Appeals by Susan Deith from two orders of the Family Court, Nassau County, dated January 7, 2004, and May 25, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until May 2, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19373
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-09286 DECISION & ORDER ON MOTION In the Matter of Verna Eggleston, respondent; Carmen Padilla, appellant; Jewish Association for Services for the Aged, nonparty-respondent. (Index No. 100181/03)
|
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated September 17, 2004, to relieve counsel assigned to represent her before the Supreme Court, Kings County, for leave to prosecute the appeal as a poor person, to dispense with printing, to waive the filing fee, and to assign counsel on the appeal.
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 granted; and it is further,
ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
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 pursuant to statute (CPLR 1102[b]), the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant's attorney and file the other with an affidavit of the fact and date of such delivery and filing. Assigned counsel is directed to turn over said transcripts to the respondent when counsel serves the appellant's brief upon the respondent, and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions.
ORDERED that if a trial or hearing was held, assigned counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken.
PRUDENTI, P.J., RITTER, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23485
M/nal
|
2004-06623, 2004-09321 In the Matter of Carl F. (Anonymous), appellant. (Docket No. D-433/04)
| SCHEDULING ORDER |
Appeals by Carl F. from two orders of the Family Court, Queens County, dated April 21, 2004, and June 29, 2004, respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until May 3, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23487
M/nal
|
2005-00880 In the Matter of Brian H. (Anonymous). Administration for Children's Services, petitioner-respondent; Gladys H. (Anonymous), respondent; Jose V. (Anonymous), appellant. (Docket No. N-23028-02)
| SCHEDULING ORDER |
Appeal by Jose V. from an order of the Family Court, Kings County, dated January 18, 2005. By decision and order on motion of this court dated March 30, 2005, the following attorney was assigned as counsel on the appeal:
Elliot Green, Esq.
26 Court Street - Suite 1215
Brooklyn, New York 11242
(718) 260-8668
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 30, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23559
S/nal
|
2004-05478
In the Matter of Mary P. Mitchell, respondent, v City of New York Department of Health and Mental Hygiene, appellant. (Index No. 11483/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated November 24, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 4, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23549
E/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-08081 In the Matter of Ennio Munno, respondent, v Town of Orangetown, et al., appellants. (Index No. 7017/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Rockland County, dated August 15, 2003, 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.
PRUDENTI, P.J., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23539
S/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-00858
In the Matter of Roslyn Nieves-Ford, respondent, v Michael Gordon, appellant.
(Docket No. F-524-96)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 24, 2005, in the above-entitled matter is amended by deleting from the final decretal paragraph thereof the words "to making a formal motion for the same relief (see CPLR 8022)", and substituting therefor the words "to seeking relief in the Family Court, Nassau County".
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23502
M/nal
|
2004-02528 In the Matter of Aminat O. (Anonymous). Suffolk County Child Protective Services, respondent; Larre O. (Anonymous), appellant.
In the Matter of Lola O. (Anonymous). Suffolk County Child Protective Services, respondent; Larre O. (Anonymous), appellant.
(Docket Nos. N-8308-03, N-8309-03)
| SCHEDULING ORDER |
Appeal by Larre O. from an order of the Family Court, Suffolk County, dated February 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 15, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until April 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23504
M/nal
|
2003-09348 In the Matter of Andrew R. (Anonymous). Department of Social Services, respondent; Ilmars R. (Anonymous), appellant. (Docket No. B-1996/03)
| SCHEDULING ORDER |
Appeal by Ilmars R. from an order of the Family Court, Orange County, dated August 27, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 9, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until May 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23494
M/nal
|
2004-06022, 2004-06023 In the Matter of Ashey Lorraine R. (Anonymous). St. Christopher Otillie, respondent; Ida C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Bryant C. (Anonymous). St. Christopher Otillie, respondent; Ida C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-18552/02, B-18553/02)
| SCHEDULING ORDER |
Appeals by Ida C. from two orders of the Family Court, Kings County, both dated June 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 30, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M23359
C/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2005-02094
In the Matter of Joseph Seviroli, deceased. Francis Kaszuba, petitioner-respondent; Maria Seviroli, etc., et al., appellants; Thomas A. Williams, nonparty-respondent. (File No. 322635)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a decree of the Surrogate's Court, Nassau County, dated February 14, 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 granted and enforcement of the decree dated February 14, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 2, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 2, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23552
J/nal
|
2002-04674 The People, etc., respondent, v Thomas Jones, appellant. (Ind. No. 01-00247)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, rendered April 10, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 27, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23544
A/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2002-03088, 2002-03089 The People, etc., respondent, v Anthony Wayne Smith, appellant. (Ind. Nos. 332/01, 905/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on appeals from two judgments of the County Court, Suffolk County, both rendered March 13, 2002, to include pages 700-717 and 728-788 from the trial transcript relating to a judgment rendered May 2, 1979, under Indictment No. 1176/78, and to enlarge the time to serve and file a reply brief.
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 the time to serve and file a reply brief is granted, and the reply brief shall be served and filed on or before April 22, 2005; 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