APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10019
R/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-09134, 2003-10482, 2003-10484 2003-10485 Muhammed Anwar, plaintiff-respondent, v Hellman Management, et al., appellants, Republic Construction & Management, Inc., et al., defendants-respondents. (Action No. 1) (Index No. 42864/98) Stephen McCauley, etc., respondent, v Ulrik Holding Ltd., et al., appellants. (Action No. 2) (Index No. 42773/97) Mohammed Manir, et al., plaintiffs-respondents, v Ulrik Holding Ltd., et al., appellants, City of New York, defendant-respondent. (Action No. 3) (Index No. 41320/98) Douglas Hampton, et al., plaintiffs-respondents, v City of New York, et al., defendants-respondents, Ulrik Holding Ltd., et al., appellants. (Action No. 4) (Index No. 8076/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled actions pending hearing and determination of an appeal from four orders of the Supreme Court, Kings County, all dated September 3, 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.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10026
A/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02212 George Balis, appellant, v Maxine Balis, respondent.
(Index No. 14947/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay enforcement of an order of commitment of the Supreme Court, Westchester County, dated January 5, 2004, pending hearing and determination of an appeal from an order of the same court entered March 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 denied.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10045
S/sl
|
2003-08868 Harriet Beizer, appellant, v N. Dov Schwartzben, et al., respondents. (Index No. 16821/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 18, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 23, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10028
S/sl
|
2003-09069 Scott G. Brown, et al., respondents, v Barry L. Pegalis, et al., appellants. (Index No. 12105/03)
| 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, Nassau County, dated September 12, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 9, 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
M10067
S/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-08919
Vincent Ciampaglione, et al., respondents, v Russell Urban-Mead, appellant. (Index No. 1447/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated September 25, 2003, on the ground that the appeal has been rendered academic.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Matter of Hearst Corp. v Clyne, 50 NY2d 707).
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10016
J/sl
|
2004-01333 John Cotter, respondent, v Summit Security Services, Inc., et al., appellants (and another action). (Index No. 31256/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 5, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 3, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10008
E/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02224 Kim Diana, respondent, v BAB Radiology, et al., appellants.
(Index No. 26303/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant Mitchell Kramer to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, dated February 17, 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.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10030
S/sl
DANIEL F. LUCIANO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-02765 Lisa Gussack, appellant, v Evan H. Bellin, respondent. (Appeal No. 1) (Index No. 10809/94) 2003-06968 Lisa Gussack, appellant, v Evan H. Bellin, respondent. (Appeal No. 2) (Index No. 10809/94) 2004-01761 Lisa Gussack, appellant-respondent, v Evan H. Bellin, respondent-appellant. (Appeal No. 3) (Index No. 10809/94)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 6, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered March 3, 2003, and August 5, 2003, respectively (Appeal Nos. 1 and 2), and the appellant-respondent on an appeal from an order of the same court, entered January 27, 2004 ( Appeal No. 3) (1) to enlarge her time to serve and file a reply brief in Appeal Nos. 1 and 2, and (2) to calendar all three appeals together.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief in Appeal Nos. 1 and 2 is enlarged until April 28, 2004, and her reply brief shall be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the appeals shall be calendared together, and shall be argued or submitted on the same day.
LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10011
E/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02298 John R. Herzog, appellant, v Theresa M. Herzog, respondent.
(Index No. 203333/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, dated March 5, 2004, inter alia, to stay enforcement of so much of the judgment as directed him to execute a deed transferring his interest in the former marital residence to the respondent, pending hearing and determination of the appeal, and to enlarge the record on appeal to include certain documents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of so much of the judgment as directed him to execute a deed transferring his interest in the former marital residence to the respondent is granted and enforcement of that provision of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 10, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 10, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10012
J/sl
|
2003-09130 Huron Street Realty Corp., respondent, v Sol Lorenzo, appellant. (Index No. 10777/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated September 18, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 30, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10044
S/sl
|
2003-07031, 2003-09637 Ethel Jones, et al., respondents, v New York City Housing Authority, appellant. (Index No. 7500/97)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, both dated June 25, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until April 23, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10015
PL/sl
|
2003-08850 Kenneth Kunz, appellant, v Patricia A. Gleeson, respondent. (Index No. 1565/01)
| 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, Nassau County, dated August 14, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 14, 2004, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10007
J/sl
|
2003-09726 People of the State of New York, etc., respondent, v Hiram Quezada, appellant.
| 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 County Court, Suffolk County, dated September 3, 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
M10029
PL/sl
|
2003-04094 Sidney B. Browne & Son, LLP, appellant, v Parr Development Corp., et al., respondents. (Index No. 18735/99)
| 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, Nassau County, entered April 9, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 26, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10036
C/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-02416 Paul Tobias, plaintiff-respondent, v DiFazio Electric, Inc., defendant second third-party plaintiff-respondent, Grumman Aerospace Corporation, defendant-third-party plaintiff; J.M. Dennis Construction Co., Inc., third-party defendant, and third third-party defendant-appellant; Whitson Food Service Co., second third-party defendant-respondent; Whitsons Food Service Corp., third third-party plaintiff-respondent (and another action). (Index No. 3255/98)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant, and third third-party defendant-appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered January 21, 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.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10013
J/sl
|
2003-08960 Donna A. Vlachos, respondent, v Phyllis L. Saueracker, et al., appellants. (Index No. 12192/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 5, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until April 23, 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
M9819
A/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2004-01731 Georgie Ann Zielinski, a/k/a Georgie Ann McMorris, respondent, v William F. Zielinski, appellant.
(Index No. 3625/81)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated February 4, 2004, to stay enforcement of the order, and to stay enforcement of any judgment entered pursuant to the order, pending hearing and determination of 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 granted and enforcement of the order dated February 4, 2004, and any judgment entered pursuant to the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 12, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 12, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10002
M/nal
|
2003-09692 In the Matter of Kathryn B. (Anonymous). Rockland County Department of Social Services, respondent; Stacey Haskel, as executor of the estate of John B. (Anonymous), appellant. (Docket No. B-1164/03)
| SCHEDULING ORDER |
Appeal by Stacey Haskel from an order of the Family Court, Rockland County, entered October 16, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M9887
M/nal
|
2004-02662 In the Matter of Takylia B. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Kimberly B. (Anonymous), respondent-respondent; Monica Drinane, etc., et al., appellant. (Docket No. B-09162/02)
| SCHEDULING ORDER |
Appeal by Monica Drinane from an order of the Family Court, Kings County, dated March 8, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M9985
M/nal
|
2004-02124 In the Matter of Nikson D. (Anonymous), appellant. (Docket No. D-22864/03)
| SCHEDULING ORDER |
Appeal by Nikson D. from an order of the Family Court, Kings County, dated March 4, 2004. By decision and order on motion of this court dated April 5, 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:
Mark W. Brandys, Esq.
26 Court Street - Suite 1215
Brooklyn, New York 11242
(718) 624-4010
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 April 5, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9971
M/nal
|
2004-02464 In the Matter of Detrich E. (Anonymous). Nassau County Department of Social Services, respondent; Carol E. (Anonymous), appellant. (Docket No. B-5880-03)
| SCHEDULING ORDER |
Appeal by Carol E. from an order of the Family Court, Nassau County, dated February 2, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M10009
S/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-04216
In the Matter of David Friedman, respondent, v Jean Friedman, appellant. (Docket Nos. V-2354-02, V-2355-02, V-2357-02, V-2358-02)
| DECISION & ORDER ON APPLICATION |
Application by the Law Guardian pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Rockland County, dated February 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the Law Guardian's time to serve and file a brief is enlarged until April 26, 2004, and the Law Guardian's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10024
K/cf
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
NANCY E. SMITH
GABRIEL M. KRAUSMAN, JJ.
|
2001-05659
In the Matter of Jeffrey I. Klein, a suspended attorney. Grievance Committee for the Ninth Judicial District, petitioner; Jeffrey I. Klein, respondent.
| DECISION & ORDER ON MOTION |
Motions by Norman Saferstein (1) for disclosure of so much of the Grievance Committee's file against the respondent as relates to the complaint that he filed in 2000, for disclosure of whether that complaint was submitted to the court for disciplinary action against the respondent, to compel the Grievance Committee to investigate his complaint, and to justify its failure to prosecute it and (2) to strike the respondent's affidavit in opposition.
Upon the papers submitted in support of the motions and the papers submitted in opposition thereto, it is
ORDERED that the motions are denied.
RITTER, J.P., SANTUCCI, ALTMAN, SMITH and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10017
PL/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-10803, 2003-10806, 2003-09820 In the Matter of Tatyana V. Kondratyeva, respondent, v Joseph L. Yapi, appellant. (Docket Nos. V-11281/02, V-11282/02, O-12781-02, F-04378/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated April 6, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Appeals by Joseph L. Yapi from three orders of the Family Court, Kings County, one dated September 26, 2003, and two dated October 22, 2003. By order to show cause dated March 8, 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 appeals in the above-entitled proceeding pending under Appellate Division Docket Numbers 2003-10802 and 2003-10806 for failure to comply with a scheduling order dated January 16, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the above captioned appeals are consolidated and shall be calendared together and argued or submitted on the same day; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated January 16, 2004, is amended to provide 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 NYCVRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until May 25, 2004.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10034
M/nal
|
2004-00380 In the Matter of Franklin M. (Anonymous), appellant. (Docket No. D-10089-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Nassau County, dated January 2, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until May 6, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10010
S/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-08071, 2003-09719 In the Matter of Miral Plovnick, respondent, v Avi Klinger, appellant. (Docket No. V-03614/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect appeals from two orders of the Family Court, Nassau County, dated August 6, 2003 and October 1, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition o relation thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeals 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 appeals is enlarged until May 3, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9885
M/nal
|
2004-02770 In the Matter of William Reichling, respondent, v Dolores Reichling, appellant. (Docket Nos. V-4442-98, V-4443-98)
| SCHEDULING ORDER |
Appeal by Dolores Reichling from an order of the Family Court, Suffolk County, dated March 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M10027
PL/sl
|
2003-08822 In the Matter of Mihial Tutuianu, petitioner, v New York State, et al., respondents. (Index No. 24455/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Queens County, dated September 25, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 1, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10033
L/
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01892, 2004-01893 In the Matter of Jonathan W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Joshua W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Joshua W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-15358-00, N-15350/00, N-15360/00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant, Valerie W., for leave to prosecute her appeals from two orders of the Family Court, Queens County, dated February 24, 2004 (Appellate Division Docket No. 2004-01892), and October 10, 2003 (Appellate Division Docket No. 2004-01893), as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the no papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 counsel for Valerie W., 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 the respondents and the law guardian, if any, when counsel serves Valerie W.'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 appeals on behalf of Valerie W.:
Larry S. Bachner, Esq.
90-50 Parsons Boulevard, Suite 401
Jamaica, New York 11432
(917) 378-0176
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals on behalf of Valerie W. 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 appeals are taken.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10001
M/nal
|
2003-04581 In the Matter of Ruth Y. (Anonymous). Orange County Department of Social Services, respondent; Yvonne Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kimberly Y. (Anonymous). Orange County Department of Social Services, respondent; Yvonne Y. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-481-02, B-482-02)
| SCHEDULING ORDER |
Appeal by Yvonne Y. from an order of the Family Court, Orange County, dated March 13, 2003. By decision and order on motion of this court dated April 5, 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:
Bruce Townsend, Esq.
26 Albany Avenue
Walden, New York 12586
(845) 778-2228
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 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 April 5, 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
M10018
R/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-00273, 2003-01557 The People, etc., respondent, v John P. Daly, appellant. (Index No. 1561-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from a judgment of the County Court, Nassau County, rendered January 6, 2003, and an amended sentence of the same court imposed February 6, 2003.
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 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 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until July 9, 2004.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9788
F/
THOMAS A. ADAMS, J.
|
2004-01359 The People, etc., plaintiff, v James High, defendant. (Ind. No. 1367/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 12, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10061
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-03772 The People, etc., respondent, v Jearmy Kennedy, appellant. (Ind. No. 207-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, for leave to submit a handwritten supplemental brief on an appeal from a judgment of the County Court, Suffolk County, dated March 20, 2002, to be provided with certain letters, and to be provided with certain transcripts.
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 submit a handwritten supplemental brief is denied as unnecessary (see 22 NYCRR 670.10.3[d]); and it is further,
ORDERED that the branch of the motion which is to be provided with certain letters is denied, as the letters are unavailable; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file the supplemental brief is enlarged until June 23, 2004, and the supplemental brief shall be served and filed on or before that date; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
H. MILLER, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10038
C/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-05288 The People, etc., respondent, v Errol Russell, appellant. (Ind. No. 10431/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file less than 9 copies of a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 30, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto it is
ORDERED that the motion is denied.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk