APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9805
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2002-10351 Gerald Abrams, et al., respondents, v Victor Ho, appellant, et al., defendants. (Index No. 10991/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Richmond County, entered October 11, 2002, which was determined by decision and order of this court dated January 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9839
E/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-05373, 2003-10334
Maria Beatriz Bedoya, et al., appellants, v St. Johns Queens Hospital, etc., et al., respondents. (Index No. 10126/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated April 29, 2003, and September 29, 2003, respectively, to enlarge the time to perfect the appeal from the order dated April 29, 2003, for leave to prosecute the appeals on the original papers, and to consolidate the appeals. Cross motions by the respondents St. John's Queens Hospital and Maria Cambria, and by the respondent Arcillas Zoe-Rosal, respectively, to dismiss the appeals on the ground that no appeal lies from the order dated April 29, 2003, as that order was granted on the appellants' default and no appeal lies from the order dated September 29, 2003, as that order denied a motion for leave to reargue.
Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, it is
ORDERED that the branches of the cross motions which were to dismiss the appeal from the order dated April 29, 2003, are granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that the cross motions are otherwise denied; and it is further,
ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal from the order dated April 29, 2003, for leave to prosecute the appeal from that order on the original papers, and to consolidate the appeals are denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated September 29, 2003, on the original papers is denied.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9767
Y/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-07759 Christian Berenson, plaintiff, v Jericho Water District, defendant/third and fourth-party plaintiff, et al., defendant; Eva Construction and Development Company. Inc., third and fifth-party defendant/ sixth-party plaintiff-appellant; Sidney B. Bowne & Son, LLP, third-party defendant/fifth-party plaintiff; Insurance Corporation of New York, fourth, fifth, and sixth-party defendant-appellant; ADM Brokerage Corp., fourth, fifth, and sixth-party defendant-respondent. (Index No. 012116/01)
| DECISION & ORDER ON MOTION |
Motion by ADM Brokerage Corp. to dismiss an appeal by the Insurance Corporation of New York from an order of the Supreme Court, Nassau County, entered July 16, 2003, on the ground that the appellant Insurance Corporation of New York is not aggrieved by the order appealed from.
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 issue in the brief of ADM Brokerage Corp.
H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9815
A/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-00937 Kathryn M. Boone, respondent, v Joel C. Bender, etc., et al., appellants. (Index No. 6792/03)
| DECISION & ORDER ON MOTION |
Motion by Curtis & Associates, P.C., counsel for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Westchester County, entered January 20, 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 for leave to withdraw as counsel is granted, and Curtis & Associates, P.C., is relieved from representing the respondent with respect to the instant appeal; and it is further,
ORDERED that Curtis & Associates, P.C., is directed to serve its client with a copy of this decision and order on motion, by one of the methods specified in CPLR 2103(c), on or before April 21, 2004, and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the respondent without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order on motion.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTM9831
E/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2002-11281, 2003-00183 Concordia General Contracting Company, Inc., appellant, v George Roberta, et al., respondents. (Index No. 7834/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from two orders of the Supreme Court, Westchester County, dated November 4, 2002, and entered December 13, 2002, respectively, which were determined by decision and order of this court dated February 23, 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.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9796
S/sl
|
2003-07550 Douglas Fortner, et al., appellants, v Anatoly Eyzenberg, etc., respondent. (Index No. 14828/94)
| 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, Queens County, dated March 10, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 19, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9795
S/sl
|
2003-06890 Jason Grodsky, appellant, v Greenpoint Bank, et al., respondents. (Index No. 20078/99)
| ORDER ON APPLICATION |
Application by the respondent Greenpoint Bank 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 May 20, 2003.
ORDERED that the application is granted and the time of the respondent Greenpoint Bank to serve and file a brief is enlarged until May 24, 2004, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9808
M/nal
|
2004-02327 Niveen Hanna, respondent, v Magdy Hanna, appellant. (Index No. 5541/01)
| SCHEDULING ORDER |
Appeal by Magdy Hanna from a judgment of the Supreme Court, Richmond County, dated December 11, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M9797
R/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2002-07665 David Hecht, appellant, v 281 Scarsdale Corp., et al., respondents. (Index No. 7303/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered August 2, 2002, which was determined by decision and order of this court dated January 26, 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.
ALTMAN, J.P., SMITH, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9770
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-05418 Gregg S. Lewis, respondent, v La Tonya Jefferson, appellant, et al., defendants. (Index No. 28611/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Suffolk County, dated May 21, 2003. Cross motion by the appellant to strike those portions of the respondent's brief which refer to matters dehors the record.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted; on or before April 16, 2004, the respondent shall remove from all copies of his brief on file with this court the following material:
(A) the paragraph at the bottom of Page 12 beginning with the phrase "Previously herein" and carrying over through the end of Page 13, ending with the phrase "Property to the plaintiff.", and
(B) the paragraph at the bottom of Page 26, beginning with the phrase "Secondly, as set forth," and carrying over to the end of the following paragraph on Page 27, ending with the phrase "in open Court on October 2, 2003."; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until April 16, 2004, and the reply brief must be served and filed on or before that date.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9768
Y/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-06655 Vilma Perez, appellant, v City of New York, et al., respondents. (Index No. 27107/00)
| DECISION & ORDER ON MOTION |
Separate motions by (1) the respondent Bergen Tile & Linoleum Corp. and (2) the respondent Bergen Tile of Jamaica, Inc., inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 30, 2003, as abandoned.
Upon the papers filed in support of the motions and no papers having been filed in opposition thereto, it is
ORDERED that the motions are granted to the extent that the appeal is dismissed, without costs or disbursements, and the motions are otherwise denied.
ALTMAN, J.P., H. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9813
J/sl
|
2003-08650 Angeliki Petropoulos, et al., appellants, v New York City Transit Authority, et al., respondents. (Index No. 35838/01)
| 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 August 27, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 24, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9765
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07250 Gregory Quattrocchi, et al., plaintiffs, v Orange & Rockland Utilities, Inc., defendant third-party plaintiff-respondent; Quattrocchi & Sons Roofing, Inc., et al., third-party defendants-respondents, Hermitage Insurance Company, third-party defendant-appellant. (Index No. 7248/01)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant to enlarge the record on an appeal from an order of the Supreme Court, Rockland County, entered July 15, 2003, to include six additional even-numbered pages of the insurance policy at issue.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9828
E/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-07366 Gary Spelber, appellant, v Ellen Spelber, respondent.
(Index No. 200340/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated June 25, 2003, to take judicial notice of an order of the same court dated December 18, 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.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9784
A/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-07025 Suga Development, LLC, appellant, v Town of Clarkstown, et al., respondents. (Index No. 2222/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated July 23, 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 appellant's time to perfect the appeal is enlarged until May 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9833
E/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-09692 In the Matter of Kathryn B. (Anonymous). Rockland County Department of Social Services, respondent; Stacey Haskel, etc., appellant. (Docket No. B-1164/03)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Rockland County, entered October 16, 2003, on the ground that it has been rendered academic.
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 without prejudice to the respondent raising the issue in its brief; and it is further,
ORDERED that on the court's own motion, Stacey Haskel, as executrix of the estate of the deceased appellant, John B., is substituted for the deceased appellant, John B., and the caption is amended accordingly.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9705
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH
GABRIEL M. KRAUSMAN, JJ.
|
2003-07581
In the Matter of Robin Anthony Bergsohn, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Robin Anthony Bergsohn voluntarily submitted an affidavit dated August 25, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Bergsohn was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 18, 1985. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Bergsohn presently resides in Virginia, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Robin Anthony Bergsohn, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Robin Anthony Bergsohn is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Robin Anthony Bergsohn is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Robin Anthony Bergsohn has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, SMITH and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9783
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2003-10183 In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent. (Docket No. F-1244/01)
| DECISION & ORDER ON MOTION |
Appeal by Theresa Cancilla from an order of the Family Court, Nassau County, dated October 8, 2003. By order to show cause dated March 1, 2004, 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 5, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that the motion to dismiss the appeal 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 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until June 9, 2004.
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9812
A/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-02323 In the Matter of Michael C. Coppola, et al., appellants, v Good Samaritan Hospital Medical Center, et al., respondents.
(Index No. 24276/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated February 17, 2004, inter alia, to vacate so much of the order dated February 17, 2004, as stayed enforcement of a prior order of the same court dated October 22, 2002, as amended March 20, 2003, entered in a proceeding entitled Matter of Coppola v Good Samaritan Hospital Medical Center, Index No. 10881/01, enjoining the respondent Good Samaritan Hospital Medical Center from operating its emergency room.
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.
FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9751
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH
GABRIEL M. KRAUSMAN, JJ.
|
2003-07389 In the Matter of Max A. Corbett, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Max A. Corbett voluntarily submitted an affidavit dated August 20, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Corbett was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 19, 1983, on motion from Texas. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Corbett presently resides in Texas, does not practice law in New York State and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Max A. Corbett, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Max A. Corbett is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Max A. Corbett is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Max A. Corbett has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, SMITH and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9834
Y/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-02124
In the Matter of Nikson D. (Anonymous), appellant. (Docket No. D-22864/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated March 4, 2004, as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Mark W. Brandys, Esq.
26 Court Street - Suite 1215
Brooklyn, New York 11242
(718) 624-4010
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appeal will be calendared when it is fully perfected.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9825
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2004-01312 In the Matter of Simon Deith, respondent, v Susan Deith, appellant. (Docket No. O-5170/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Family Court, Nassau County, dated January 7, 2004, on the ground that no appeal lies from an order entered upon the default of the appealing party.
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 appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9836
E/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2003-10182, 2003-10184
In the Matter of Kathleen Doherty-McCauley, respondent, v Joseph Patchen, appellant. (Docket No. F-520-98/03F, F-520-98/03G)
| 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, Westchester County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Westchester County, dated September 5, 2003, and October 24, 2003, respectively, and to grant the appellant leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in 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 21, 2004, 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 6, 2004, 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.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9760
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-08148 In the Matter of Jeffrey Kent Epstein, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Jeffrey Kent Epstein voluntarily submitted an affidavit dated September 15, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Epstein was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 27, 1985. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Epstein presently resides in New Jersey where he practices law. Under these circumstances, he does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Jeffrey Kent Epstein, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Jeffrey Kent Epstein is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Jeffrey Kent Epstein is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Jeffrey Kent Epstein has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9800
M/nal
|
2004-02546, 2004-02638 In the Matter of Lurline Findlay, appellant, v George West, respondent. (Docket No. V-1410/00)
| SCHEDULING ORDER |
Appeals by Lurline Findlay from two orders of the Family Court, Queens County, both dated March 24, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M9726
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-08199 In the Matter of Edward J. Hayward, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Edward J. Hayward voluntarily submitted an affidavit dated September 15, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Hayward was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 21, 1972. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Hayward presently resides in Minnesota where he practices law full-time. Under these circumstances, he does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Edward J. Hayward, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Edward J. Hayward is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Edward J. Hayward is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Edward J. Hayward has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9782
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01428 In the Matter of Interline Employee Assistance Program, Inc., petitioner, v William Gorman, etc., respondent. (Index No. 1032/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Queens County, dated January 29, 2004, to vacate a preliminary injunction contained in that order which directed the respondent to reinstate the petitioner's Operating Certificate and enjoined the respondent from taking any action to bar the petitioner from providing alcohol and substance abuse counseling services pursuant to the Operating Certificate pending hearing and determination of the proceeding by 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 granted; and it is further,
ORDERED that the preliminary injunction contained in the order of the Supreme Court, Queens County, dated January 29, 2004, is vacated.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9764
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-10493 In the Matter of Yun-Kyung Lee, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Yun-Kyung Lee has voluntarily submitted an affidavit dated November 24, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Lee was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 11, 1991. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Lee presently resides in California, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Yun-Kyung Lee, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Yun-Kyung Lee is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Yun-Kyung Lee is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Yun-Kyung Lee, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9829
E/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-00441
In the Matter of Michael William O. (Anonymous), a/k/a Michael O. (Anonymous). St. Christopher-Ottilie, respondent; Denise T. (Anonymous), appellant. (Docket No. B-14152/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated January 23, 2004, which dismissed an appeal from an order of the Family Court, Queens County, dated November 21, 2003, to reinstate the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
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, the decision and order on mtoion dated January 23, 2004, is recalled and vacated and the appeal is reinstated; 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Daniel P. Moskowitz, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 812-8248
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9814
O/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-10594
In the Matter of Vincent P. (Anonymous). Nassau County Department of Social Services, respondent; Ina P. (Anonymous), appellant. (Proceeding No. 1) (Docket No. NN-310-96) In the Matter of Joshua P. (Anonymous). Nassau County Department of Social Services, respondent; Ina P. (Anonymous), appellant. (Proceeding No. 2) (Docket No. NN-311-96) In the Matter of Brittany P. (Anonymous). Nassau County Department of Social Services, respondent; Ina P. (Anonymous), appellant. (Proceeding No. 3) (Docket No. NN-312-96)
| ORDER TO SHOW CAUSE |
Motion by counsel for the appellant to be relieved of an assignment to represent the appellant on an appeal from an order of the Family Court, Nassau County, dated October 30, 2003, on the ground that the appellant has abandoned 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 on the court's own motion, the appellant and the other parties to this appeal or their counsel are directed to show cause before this court, why an order should or should not be made and entered dismissing the appeal as abandoned by each filing an affirmation or affidavit on the issue with the Clerk of this court on or before May 3, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the appellant and the other parties, including the Law Guardian, if any, to this appeal, or their counsel, by regular mail; and it is further,
ORDERED that the motion is held in abeyance in the interim.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9707
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH
GABRIEL M. KRAUSMAN, JJ.
|
2003-07390 In the Matter of Philomena A. Reilly, a/k/a Philomena A. Barboza, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Philomena A. Reilly, a/k/a Philomena A. Barboza, has voluntarily submitted an affidavit dated August 15, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Reilly was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 1, 1988. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Reilly presently resides in Rhode Island, has not practiced law in New York since 1988 and does not intend to return to New York to practice law in the future. Therefore, under these circumstances, she does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Philomena A. Reilly, a/k/a Philomena A. Barboza, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Philomena A. Reilly, a/k/a Philomena A. Barboza, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Philomena A. Reilly, a/k/a Philomena A. Barboza, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Philomena A. Reilly, a/k/a Philomena A. Barboza has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, SMITH and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9853
S/sl
|
2003-09634 In the Matter of Juan Roque, appellant, v Kings County District Attorney's Office, respondent. (Index No. 16504/02)
| 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 21, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until June 1, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9773
Y/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-07407 In the Matter of Camille Rossi, petitioner- respondent, v Leonard N. Spano, et al., respondents, Robert Rossi, appellant. (Index No. 5387/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled matter pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered July 18, 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.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9741
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH
GABRIEL M. KRAUSMAN, JJ.
|
2003-07642 In the Matter of Edward Shakin, admitted as Edward H. Shakin, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Edward Shakin voluntarily submitted an affidavit dated August 29, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Shakin was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 4, 1987, under the name Edward H. Shakin. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Shakin presently resides in Maryland, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Edward Shakin, admitted as Edward H. Shakin, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Edward Shakin, admitted as Edward H. Shakin, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Edward Shakin, admitted as Edward H. Shakin, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Edward Shakin, admitted as Edward H. Shakin, has been issued a secure pass by the Office of Court Administration, it shall be returned to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, SMITH and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9703
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH
GABRIEL M. KRAUSMAN, JJ.
|
2003-07762 In the Matter of Stephen Silbiger, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Stephen Silbiger voluntarily submitted an affidavit dated August 27, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Silbiger was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 13, 1976. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Silbiger presently resides in Maryland, does not practice law in New York and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Stephen Silbiger, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Stephen Silbiger is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Stephen Silbiger is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Stephen Silbiger has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, SMITH and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9762
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-08949 In the Matter of Karen Singletary, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Karen Singletary has voluntarily submitted an affidavit dated October 10, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Singletary was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 5, 1993. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Singletary presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Karen Singletary, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Karen Singletary is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Karen Singletary is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Karen Singletary has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9729
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-09271 In the Matter of Alan Scott Solomon, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Alan Scott Solomon has voluntarily submitted an affidavit dated October 20, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Solomon was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 24, 1993. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Solomon presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Alan Scott Solomon, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Alan Scott Solomon is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Alan Scott Solomon is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Alan Scott Solomon has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9806
M/nal
|
2004-01019 In the Matter of Curtis Vann, respondent, v Jennifer Vann, appellant. (Docket Nos. V-5451-03, V-5452-03)
| SCHEDULING ORDER |
Appeal by Jennifer Vann from an order of the Family Court, Orange County, dated December 17, 2003. By decision and order on motion of this court dated March 29, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Salvatore Adamo, Esq.
PMB 40
350 Fifth Avenue - Suite 3304
New York, New York 10118-0069
(212) 964-7983
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 transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated March 29, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M9807
M/nal
|
2003-10222, 2003-10223 In the Matter of Susan Winkler, appellant, v Michael Nussenblatt, respondent. (Docket No. F-01661/02)
| SCHEDULING ORDER |
Appeals by Susan Winkler from two orders of the Family Court, Queens County, both dated September 23, 2003. By decision and order on motion of this court dated March 29, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Lewis S. Calderon, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 883-1560
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected 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 transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated March 29, 2004, has been served upon the clerk of the court from which the appeals is taken, the date thereof, and the date by which the transcript is 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
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9865
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-08991, 2002-08993 The People, etc., respondent, v Adewumi Oguntunji, appellant. (S.C.I. Nos. 1802/02, 1803/02)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from two judgments of the County Court, Nassau County, both rendered September 20, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
02-A-5331
Coxsackie Correctional Facility
Box 999
Coxsackie, New York 12051