APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10204
S/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2002-09339 ACE Fire Underwriters Insurance Company, appellant-respondent, v Orange-Ulster Board of Cooperative Educational Services, defendant third-party plaintiff-respondent, William J. Bassett, et al., defendants-respondents; National Union Insurance Company of Pittsburgh, PA., et al., third-party defendants-respondents- appellants. (Index No. 4739/00)
| DECISION & ORDER ON MOTION |
Motions by the respondents-appellants and separate motion by the respondent Orange-Ulster Board of Cooperative Educational Services, for leave to reargue an appeal and cross appeals from a judgment of the Supreme Court, Orange County, entered July 24, 2002, which were determined by decision and order of this court dated November 24, 2003.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, on or before April 30, 2004, the respondent Orange-Ulster Board of Cooperative Educational Services is directed to file a supplemental affirmation addressing the issue of what effect, if any, the decision of the Court of Appeals in RJC Realty Holding Corp. v Republic Franklin Ins. Co. _________NY3d ________, 2004 NY Slip Op 02425 [Apr. 1, 2004] has on the pending motions for reargument; and it is further,
ORDERED that the remaining parties to the appeal, if they be so advised, may file responsive affirmations on or before May 14, 2004.
SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10173
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-02584, 2003-09252 Certified Electrical Contracting Corporation, respondent, v City of New York (Department of Transportation), appellant. (Index No. 8376/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated January 2, 2003, and September 18, 2003, respectively, inter alia, to enlarge the record on appeal to include a compliance conference order of the same court dated March 5, 2001.
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 on or before April 28, 2004, the appellant shall serve and file a supplemental record containing the compliance conference order dated March 5, 2001, and if it be so advised, a replacement brief; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until May 28, 2004, and the respondent's brief must be served and filed on or before that date.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10188
PL/sl
|
2003-04715 Leslie Crockett, respondent, v Long Beach Medical Center, appellant. (Index No. 13001/99)
| 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 and judgment (one paper) of the Supreme Court, Nassau County, entered March 25, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 14, 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
M10180
R/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02703, 2004-02725, 2004-02755 Helen Mady Foustanos, respondent, v Joseph Dorelian, et al., appellants.
(Index No. 2947/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants (1) to stay stated portions of an order of the Supreme Court, Westchester County, dated March 15, 2004 pending hearing and determination of an appeal therefrom, (2) to consolidate the appeal with an appeal from order of the same court dated March 12, 2004, and an appeal from a judgment of the same court dated April 24, 2003, and (3) to disqualify Walter Clark, Esq., and Clark & Clark, Esqs., from appearing on behalf of the respondent.
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 consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10182
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-10351 Gagnon Bus Company, Inc., et al., appellants, v Vallo Transportation, Inc., et al., respondents. (Index No. 7464/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, for a preference in the calendaring and determination of an appeal from an order of the Supreme Court, Queens County, entered October 15, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10201
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-10487
Sergey Kolosovkiy, etc., et al., respondents, v Tomosso Vitale, appellant.
(Index No. 36061/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated October 9, 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 file a reply brief is enlarged until April 15, 2004, and the reply brief must be filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10178
S/sl
|
2003-09071 Kreisler, Borg & Florman, et al., respondents, v Insurance Corporation of New York, etc., appellant. (Index No. 109497/02)
| 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, Nassau County, dated June 26, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 9, 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
M10187
PL/sl
|
2003-07186 Michael Marcus, appellant, v Plaza Auto Mall, Ltd., et al., respondents. (Index No. 36545/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 20, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 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
M10091
PL/sl
|
2003-08398 Nhaomi Raymond, et al., appellants, v Clifton Rutherford, respondent. (Index No. 14188/00)
| 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 August 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 10, 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
M10183
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-01896, 2003-02144 Gregory V. Serio, etc., respondent, v United States Fire Insurance Company, et al., appellants, et al., defendants.
(Index No. 3407/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Queens County, dated June 18, 2002, pending hearing and determination of appeals from two orders of the same court, dated June 18, 2002, and December 16, 2002, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10179
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-10880 Susan Stan, et al., respondents, v Myron Raisman, appellant. (Index No. 28728/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 14, 2003, and for a preference in the hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10089
PL/sl
|
2003-08892 Luz Suriel, et al., respondents, v City of New York, et al., appellants. (Index No. 44691/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 20, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 7, 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
M10181
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-05604, 2003-07741 Debra Weissman, appellant, v Ronald Weissman, respondent. (Index No. 7453/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from two orders of the Supreme Court, Westchester County, dated May 27, 2003, and July 28, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10097
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-10195 In the Matter of Barbara L. Grey, admitted as Barbara Lynn Brent Grey, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Barbara L. Grey has voluntarily submitted an affidavit dated November 10, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Grey 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 27, 1991, under the name Barbara Lynn Brent Grey. 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. Grey 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 Barbara L. Grey, admitted as Barbara Lynn Brent Grey, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Barbara L. Grey, admitted as Barbara Lynn Brent Grey, 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, Barbara L. Grey, admitted as Barbara Lynn Brent Grey, 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 Barbara L. Grey, admitted as Barbara Lynn Brent Grey, 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, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10194
C/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-02454 In the Matter of Brigitte Grisanti, appellant, v Michael Grisanti, respondent. (Docket No. V-2871/02)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian for the child for leave to reargue an appeal from an order of the Family Court, Westchester County, entered February 10, 2003, which was determined by decision and order of this court dated February 17, 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.
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10099
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-10037 In the Matter of David J. Kalson, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
David J. Kalson has voluntarily submitted an affidavit dated November 12, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Kalson 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 July 31, 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. Kalson 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 David J. Kalson, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of David J. Kalson 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, David J. Kalson 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 David J. Kalson 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, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10098
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-08957 In the Matter of Brian C. Kimbrough, admitted as Brian Call Kimbrough, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Brian C. Kimbrough has voluntarily submitted an affidavit dated November 10, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Kimbrough 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 13, 1988, under the name Brian Call Kimbrough. 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. Kimbrough presently resides in Texas, 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 Brian C. Kimbrough, admitted as Brian Call Kimbrough, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Brian C. Kimbrough, admitted as Brian Call Kimbrough, 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, Brian C. Kimbrough, admitted as Brian Call Kimbrough, 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 Brian C. Kimbrough, admitted as Brian Call Kimbrough, 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, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10102
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-10027 In the Matter of Betty Tenn Lawrence, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Betty Tenn Lawrence has voluntarily submitted an affidavit dated November 12, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Lawrence 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 July 11, 1984. 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. Lawrence presently resides in North Carolina, 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 Betty Tenn Lawrence, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Betty Tenn Lawrence 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, Betty Tenn Lawrence 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 Betty Tenn Lawrence, 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, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10195
C/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-02055 In the Matter of Frank Macksel, petitioner, v Riverhead Central School District, respondent. (Index No. 11615/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to the Court of Appeals from a decision and judgment of this court, dated December 22, 2003, which determined a proceeding pursuant to CPLR article 78 to review a determination of the respondent dated January 8, 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.
SANTUCCI, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10176
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02811 In the Matter of Rosa Maldonado, respondent, v Martha I. Elizalde, appellant. (Docket No. O-21278-03)
| DECISION & ORDER ON MOTION |
Appeal by the Martha I. Elizalde from an order of the Family Court, Queens County, dated March 4, 2004.
Now, on the court's own motion, it is
ORDERED that 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).
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10199
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-08125
In the Matter of Leo Marino, petitioner, v William Erlbaum, etc., respondent. (Index No. 2469/01)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, for leave to reargue his motion pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, which motion was denied by decision and order on motion of this court dated November 13, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the petitioner's time to pay the filing fee is enlarged until May 21, 2004, and the filing fee must be paid on or before that date.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10174
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02468 In the Matter of Gary S. Mogel, respondent, v Amelia Mogel, appellant. (Docket No. O-09619-03)
| DECISION & ORDER ON MOTION |
Appeal by Amelia Mogel from an order of the Family Court, Nassau County, dated February 25, 2004.
Now, on the court's own motion, it is
ORDERED that the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]).
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10175
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02834 In the Matter of Rosa Sanandres, respondent, v Martha I. Elizalde, appellant. (Docket No. O-21223-03)
| DECISION & ORDER ON MOTION |
Appeal by the Martha I. Elizalde from an order of the Family Court, Queens County, dated March 4, 2004.
Now, on the court's own motion, it is
ORDERED that 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).
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10196
C/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2002-11417 In the Matter of Susan Tasch, appellant, v Board of Education of the City of New York, respondent. (Index No. 22177/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, entered October 23, 2002, which was determined by decision and order of this court dated January 12, 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.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10149
A/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-08300 In the Matter of Lawrence J. Worner, respondent, v Susan R. Worner, appellant. (Docket Nos. V-4528/01, V-4532/01)
| DECISION & ORDER ON MOTION |
Appeal by Susan R. Worner from an order of the Family Court, Orange County, dated August 11, 2003. By decision and order on motion dated January 27, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before February 13, 2004. 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 the appellant's failure to renew her motion for leave to prosecute the appeal as a poor person pursuant to the decision and order on motion dated January 27, 2004.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated January 27, 2004.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10177
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02832 In the Matter of Michael Zapkin, respondent, v Mary Marshall, appellant. (Docket No. V-2749-93)
| DECISION & ORDER ON MOTION |
Appeal by Mary Marshall from an order of the Family Court, Richmond County, dated January 21, 2004, as amended March 3, 2004.
Now, upon the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2004-01824.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10132
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
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2004-00822 The People, etc., respondent, v Alberto Brooksvasquez, appellant. (Ind. No. 1506-96)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel |
Motion by the appellant pro se for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated January 8, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the branch of the motion which is to assign counsel is granted and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
770 Rockport Court
Ft. Walton Beach, Florida 32548
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10185
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2003-05123 The People, etc., respondent, v Javier L. Guaman, appellant. (Index No. 02-01305)
| 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, Westchester County, dated April 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal by serving and filing his brief on the appeal is enlarged until April 19, 2004 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
M10193
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MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2002-09952 The People, etc., respondent, v Charles Kimbrough, appellant. (Ind. No. 00-00458)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 29, 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 pro se to relieve counsel assigned to prosecute an appeal from an amended judgment of the County Court, Orange County, rendered October 23, 2002, and for assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10082
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ROBERT W. SCHMIDT, J.
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2003-10918 The People, etc., plaintiff, v Aaron Nelson, defendant. (Ind. No. 6891/01)
| 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, Kings County, dated November 3, 2003, 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.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10114
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DANIEL F. LUCIANO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2002-07820 The People, etc., respondent, v Giovanni Ortiz, appellant. (Ind. No. 4824/01)
| DECISION & ORDER ON MOTION |
Motion by Leonard J. Levenson, the attorney for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered July 18, 2002.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Leonard J. Levenson is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before April 30, 2004, Leonard J. Levenson is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order 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 appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,
ORDERED that on or before June 4, 2004, the appellant shall either (1) retain new counsel and pay for the transcripts of the proceedings which occurred in the Supreme Court, Kings County, and notify this court and the attorney for the respondent of the name and address of his new attorney on the appeal, (2) move for leave to prosecute the appeal as a poor person and for the assignment of counsel, or (3) advise the court that he intends to proceed pro se and perfect the appeal; in the event the appellant does not take any of the above actions by June 4, 2004, an order to show cause will be issued directing the appellant to show why an order should not be made and entered dismissing the appeal as abandoned.
LUCIANO, J.P., H. MILLER, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10081
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ROBERT W. SCHMIDT, J.
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2004-00274 The People, etc., plaintiff, v Wayne Washington, defendant. (Ind. No. 5704/93)
| 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, Kings County, dated November 28, 2003, 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.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10080
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ROBERT W. SCHMIDT, J.
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2004-00714 The People, etc., plaintiff, v Damien Williams, defendant. (Ind. No.107/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Dutchess County, dated June 23, 2003, 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.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10087
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NANCY E. SMITH, J.
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2004-00613 The People, etc., plaintiff, v Yohannan Yhel, defendant. (Ind. No. 2882/91)
| 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, Kings County, dated November 26, 2003, 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.
NANCY E. SMITH
Associate Justice