APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10186
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2003-05611 Elayne Abrams, et al., appellants, v City of New York, et al., respondents. (Index No. 10569/00)
| ORDER ON APPLICATION |
Application by the respondent City of New York 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 9, 2003.
ORDERED that the application is granted and the applicant's time to serve and file a brief is enlarged until April 23, 2004, and the applicant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10213
S/sl
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2003-09148 CNR Health Care Network, Inc., et al., appellants, v 86 Lefferts Corp., respondent. (Index No. 30856/02)
| 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, Kings County, dated September 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 14, 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
M10203
J/sl
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2003-08020 Loretta Corbisiero, et al., appellants, v Howard Hecht, et al., respondents. (Index No. 6834/00)
| 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, Suffolk County, dated July 24, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' brief must be served and filed on or before June 11, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10237
O/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-09592
Jack A. DeHovitz, plaintiff, v Jana DeHovitz, a/k/a Jana Novotna, defendant; Grant & Appelbaum, P.C., et al., nonparty-appellants.
(Index No. 20001/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 30, 2002, and cross application by the Law Guardian to impose sanctions.
Upon the papers filed in support of the motion and the cross application, and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the cross application is denied without prejudice to the Law Guardian making a motion for that relief (see CPLR 8022).
SANTUCCI, J.P., SCHMIDT, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10235
Y/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-06023 John M. Denefrio, etc., et al., respondents, v First Unum Life Insurance Company, appellant. (Index No. 5133/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, entered June 20, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 7, 2003, and the record or appendix on the appeal and the appellant'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
M10223
S/sl
|
2004-00861 Esther Glass, et al., appellants, v Lan Grecco, et al., defendants, Peerless Abstract Corp., respondent. (Index No. 30336/01)
| 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 and judgment (one paper) of the Supreme Court, Suffolk County, dated January 12, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 30, 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
M10230
J/sl
|
2003-05896
Greater New York Mutual Insurance Company, appellant, v Transcontinental Insurance Company, et al., respondents. (Index No. 8196/02)
| ORDER ON APPLICATION |
Application by the respondent Certified Interiors, Inc., 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, dated June 2, 2003.
ORDERED that the application is granted and the time of the respondent Certified Interiors, Inc., to serve and file a brief is enlarged until June 30, 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
M10225
J/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-09494
Nicholas Joseph, respondent, v Rubenstein Jewelry Mfg. Co., Inc., appellant. (Index No. 26649/99)
| DECISION & 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, Queens County, dated June 11, 2003.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 17, 2004, and the record or appendix on the appeal and the appellant'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
M10218
J/sl
|
2003-08397, 2003-10659 Patricia Langdon, appellant-respondent, v Franklin T. Langdon, respondent, Volvo Finance North America, Inc., respondent-appellant. (Index No. 23984/02)
| ORDER ON APPLICATION |
Application by Volvo Finance North America, Inc., pursuant to 22 NYCRR 670.8(d)(2), on an appeal from an order of the Supreme Court, Suffolk County, dated September 9, 2003, and an appeal and cross appeal from a judgment of the same court, dated November 13, 2003, to enlarge its time to serve and file a brief.
ORDERED that the application is granted, and Volvo Finance North America, Inc., shall serve and file its brief, including its points of argument on the cross appeal, on or before May 12, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10240
O/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-00733 NYCTL 1997-1 Trust, et al., respondents, v Mehmetaj Realty Corp., appellant. (Index No. 8400/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated November 17, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10246
E/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-01356 Dean Nasca, et al., appellants, v Michael Gertel, et al., defendants, Lucine Anzelone, a/k/a Lucine Goldman, respondent. (Index No. 17978/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent Lucine Anzelone, a/k/a Lucine Goldman and the defendant Hough & Guidice Realty Associates, Inc., for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated December 19, 2002, which was determined by decision and order of this court dated 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, with $100 costs.
PRUDENTI, P.J., H. MILLER, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10236
J/sl
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2003-07767 ORDER ON APPLICATION Norberto & Sons, Inc., respondent, v County of Nassau, et. al., defendants, Clover Construction Consultants, Inc., defendant third-party plaintiff-appellant; International Fidelity Insurance Company, third-party defendant-respondent. (Action No. 1) (Index No. 22919/98) Norberto & Sons, Inc., plaintiff-respondent, v Reliance Insurance Company, etc., defendant third-party plaintiff-respondent; Clover Construction Consultants, Inc., et al., third-party defendants-appellants. (Action No. 2) (Index No. 4643/99)
|
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Nassau County, entered June 26, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 25, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10207
S/sl
|
2003-08478 Steven Oettinger, appellant, v Amerada Hess Corporation, et al., defendants third-party plaintiffs- respondents; Manhattan Beer Distributors, LLC, third-party defendant-respondent. (Index No. 723/01)
| ORDER ON APPLICATION |
Application by the third-party defendant-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, Putnam County, dated August 27, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until May 11, 2004, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10232
J/sl
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2003-02483, 2003-04542, 2003-07181 Mendel E. Ofman, appellant, v Martin Campos, et al, respondents. (Action No. 1) (Index No. 14119/00) Martin Campos, respondent, v Mendel E. Ofman, appellant. (Action No. 2) (Index No. 33007/02)
| 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 three orders of the Supreme Court, Kings County, dated October 25, 2002, March 4, 2003, and June 16, 2003, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 12, 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
M10206
R/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02999, 2004-03001, 2004-03002, 2004-03003, 2004-03004, 2004-03005 Liza Rodriguez, appellant, v Robert Doar, etc., et al., respondents. (Appeal No. 1) (Index No. 1703/04) Fanny Hernandez, appellant, v Robert Doar, etc., et al., respondents. (Appeal No. 2) (Index No. 1700/04) Wanda Garcia, appellant, v Robert Doar, etc., et al., respondents. (Appeal No. 3) (Index No. 1699/04) Cynthia Campanale, appellant, v Robert Doar, etc., et al., respondents. (Appeal No. 4) (Index No. 20528/03) Cherry Byrd, appellant, v Robert Doar, etc., et al., respondents. (Appeal No. 5) (Index No. 20734/03) Alecia Armstead, appellant, v Robert Doar, etc., et al., respondents. (Appeal No. 6) (Index No. 20641/03)
| DECISION & ORDER ON MOTION |
Separate motions by the plaintiffs, in each of the above-entitled actions, inter alia, for leave to appeal to this court from six orders of the Supreme Court, Westchester County (one in each action), all dated April 8, 2004, and in the event leave to appeal is granted, to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are for leave to appeal are denied; and it is further,
ORDERED that on the court's own motion, the plaintiffs' appeals taken as of right are dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which does not decide a motion made on notice (see CPLR 5701[a][2]); and it is further,
ORDERED that the motions are otherwise denied as academic.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10205
S/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09294 Sanford Avenue Realty Co., LLC, respondent, v Rafael Reynoso, appellant. (Index No. 75216/99)
| DECISION & ORDER ON MOTION |
Appeal by Rafael Reynoso, by permission, from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 7, 2003. By decision and order on motion of this court dated March 5, 2004, the appellant's motion to stay execution of a warrant of eviction pending hearing and determination of the appeal was granted on condition that the appellant perfect the appeal on or before April 5, 2004. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the stay granted by the decision and order on motion dated March 5, 2004, is vacated.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10233
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-10814 Phyllis Singer, respondent, v Waldbaums Bay Terrace, appellant. (Index No. 5156/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Queens County, dated October 15, 2003, and to enlarge the time to serve and file a brief.
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 enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 23, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10208
J/sl
|
2003-09144 Daisy Holland Williams, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 50312/00)
| 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, Kings County, dated August 8, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 14, 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
M10249
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-10441 In the Matter of Joseph Bruno, appellant, v Lorraine Kerr, et al., respondents. (Index No. G-3730-03)
| DECISION & 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 Family Court, Dutchess County, dated October 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the 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 April 30, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10248
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-00548 In the Matter of Theresa Carbone, respondent, v Frank Conti, appellant. (Docket No. F-00426/02)
| DECISION & ORDER ON MOTION |
Appeal by Frank Conti from an order of the Family Court, Richmond County, dated December 18, 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 appeal in the above-entitled proceeding on the ground that the appeal was taken from an unsigned order.
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, as the appellant has provided the court with a signed copy of the order dated December 18, 2003.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9145
M/nal
|
2004-01762 In the Matter of Jackie DeCamp, respondent, v Brian DeCamp, appellant. (Docket No. F-7038/02)
| SCHEDULING ORDER |
Appeal by Brian DeCamp from an order of the Family Court, Suffolk County, dated January 30, 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
M10055
M/nal
|
2004-02807 In the Matter of Janice M. Israel, respondent, v Samuel Israel, III, appellant. (Docket Nos. V-7359-03, V-7360-03)
| SCHEDULING ORDER |
Appeal by Samuel Israel, III from an order of the Family Court, Westchester County, dated February 25, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10056
M/nal
|
2004-02786, 2004-02787 In the Matter of Martin Karrin, appellant, v Joan Gottesman, respondent (Docket No. F-01275-02)
| SCHEDULING ORDER |
Appeals by Martin Karrin from two orders of the Family Court, Richmond County, dated December 31, 2003, and March 4, 2004, respectively. 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 in the 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 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10252
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-01723 In the Matter of Lida Kholasechi, respondent, v Yo-ab Massih Israelian, appellant. (Docket No. F-01599/97)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated December 30, 2003, on the ground that it was untimely taken.
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 CPLR 5513).
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10239
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2004-01830
In the Matter of Carla McGee, respondent, v Mario Backman, appellant. (Docket No. O-33541-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated January 28, 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 opposition or relation thereto, it is
ORDERED that the motion is denied as academic in light of the decision and order on motion of this court dated March 12, 2004, which dismissed the appeal.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10047
M/nal
|
2004-02801 In the Matter of Tammy Moloney, respondent, v James Moloney, appellant. (Docket Nos. V-13500-03, V-13501-03, V-13502-03, V-13503-03)
| SCHEDULING ORDER |
Appeal by James Moloney from an order of the Family Court, Nassau County, dated February 10, 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
M10043
M/nal
|
2004-02790 In the Matter of Diane Qualliotine, appellant, v Joel I. Posner, respondent. (Docket No. F-05662-02)
| SCHEDULING ORDER |
Appeal by Diane Qualliotine from an order of the Family Court, Nassau County, dated February 25, 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
M10251
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02604 In the Matter of William Seals, petitioner, v Brion Fischer, respondent. (Index No. 9533/03)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated December 4, 2003.
Now, on the court's own motion, it is
ORDERED that the petitioner's time to perfect the proceeding is enlarged until August 3, 2004, and the record or appendix on the proceeding and the petitioner'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
M10200
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2002-10440 In the Matter of Noeli Clemente Sergio, appellant, v Elmhurst Gardens, Inc., et al., respondents. (Index No. 871/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file a supplemental brief on an appeal from an order of the Supreme Court, Queens County, dated October 4, 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.
PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10247
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-05308 In the Matter of Nia V. (Anonymous). Eleanor V. (Anonymous), appellant; Angel Guardian Children & Family Services, et al., respondents. (Docket No. G-19141/00)
| DECISION & ORDER ON MOTION |
Appeal by Eleanor V. from an order of the Family Court, Kings County, dated May 20, 2002. By decision and order on motion dated February 2, 2004, the appellant's motion for leave to reargue a prior motion for leave to prosecute the appeal as a poor person, and for the assignment of counsel, was denied and the appellant's time to perfect the appeal was enlarged until March 23, 2004. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this court (see 22 NYCRR 670.4) and the prior decision and order on motion of this court dated February 2, 2004.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10154
M/nal
|
2004-01892, 2004-01893 In the Matter of Jonathan W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. In the Matter of Joshua W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. In the Matter of Leneya W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Docket Nos. N-15358-00, N-15359-00, N-15360-00)
| SCHEDULING ORDER |
Appeals by Valerie W. from two orders of the Family Court, Queens County, dated October 10, 2003, and February 24, 2004. By decision and order on motion of this court dated April 9, 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:
Larry S. Bachner, Esq.
90-50 Parsons Boulevard, Suite 401
Jamaica, New York 11432
(917) 378-0176
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 proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the 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 9, 2004, has been served upon the clerk of the court from which the appeals are 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
M10234
Y/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2000-11705, 2003-00903 In the Matter of Doris Zieran, respondent, v Mark Marvin, appellant. (Proceeding No. 1) (Docket No. O-340/00) 2003-00901, 2003-00902 In the Matter of Mark Marvin, appellant, v Doris Zieran, respondent. (Proceeding No. 2) (Docket Nos. V-2286/99, X-1138/99, X-966/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to reargue appeals from four orders of the Family Court, Orange County, one dated November 21, 2000, one dated November 30, 2000, and two dated March 2, 2001, which were determined by decision and order of this court dated December 29, 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, without costs or disbursements.
PRUDENTI, P.J., FLORIO, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9787
F/
FRED T. SANTUCCI, J.
|
2004-01627 The People, etc., plaintiff, v Shamel Burroughs, defendant. (Ind. No. 14722/92)
| 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 February 4, 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.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10231
A/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN, JJ.
|
2004-03011 The People, etc., ex rel. Adrian A. Lesher, o/b/o Charles McCall, petitioner, v Martin F. Horn, etc., respondent.
| DECISION & ORDER ON MOTION |
Application by the petitioner for a writ of habeas corpus.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk