APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10274
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2002-10210, 2003-01563 Anonymous, et al., respondents, v Dobbs Ferry Union Free School District, et al., defendants, Steven Nowicki, appellant. (Index No. 2675/00)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, entered September 19, 2002, and January 13, 2003, respectively.
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 appeals is enlarged until June 21, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10273
C/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-02116 Jeffrey Bertone, appellant, v Mary Ann Bertone, etc., respondent. (Index No. 13550/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, entered January 22, 2004, pending hearing and determination of an appeal therefrom. Cross motion by the respondent to dismiss the appeal on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion and the cross motion are denied.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10303
E/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-00776 Dennis Bonaguro, appellant, Carl Trimarchi, respondent.
(Index No. 7402/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated December 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.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10280
Y/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-05061 Citimortgage, Inc., etc., respondent, v Elias Defairia, appellant. (Index No. 10854/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for, among other relief, a stay of enforcement of a 72-hour notice of eviction pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 12, 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.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10263
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-07742 Equicredit Corporation of America, etc., respondent, v Virgilio Williams, et al., defendants, Kunjunjamma Kuriakose, a/k/a K.M. Kuriakose, appellant. (Index No. 2393/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated February 3, 2003, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10267
C/sl
SANDRA L. TOWNES, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-11266 Alice Finch, respondent, v Hudson Valley Hospital Center, appellant. (Index No. 17218/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County,
entered November 25, 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.
TOWNES, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10320
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-08608 Thomas J. Gillen, etc., respondent, v Nazmoon Reynolds, et al, defendants, Marilyn Lewis, appellant. (Index No. 5893/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated August 21, 2003, which was determined by decision and order of this court dated March 15, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10281
Y/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-00093 Mary Hernandez, respondent, v Gary S. Ricci, appellant. (Index No. 12623/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated October 23, 2003. Cross motion by the respondent to enlarge the record on appeal and enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until May 17, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is otherwise denied.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10268
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-09707 Dora Ivery, plaintiff-respondent, v Oceanview II Associates, defendant third-party and second third-party plaintiff-appellant; Anchor Security and Investigation, Inc., third- party defendant; Chester Jones, third-party defendant-respondent.
(Index No. 58/99)
| 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, Queens County, dated July 29, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., TOWNES, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10269
R/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-02620 Rose Krapin, respondent, v William Krapin, appellant.
(Index No. 3225/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay stated portions of an order of the Supreme Court, Westchester County, dated March 22, 2004, 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.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10338
R/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
WILLIAM F. MASTRO, JJ.
|
2003-05381, 2003-08185 Michael Lardiere, respondent, v Choices Womens Medical Center, Inc., appellant.
(Index No. 0747/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of appeals from two orders of the Supreme Court, Queens County, dated May 16, 2003 and August 21, 2003, respectively.
Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic as the appeals have been placed on the calendar for Friday, April 23, 2004.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10270
S/sl
|
2003-09032
Ilias Lelekakis, f/k/a Elias Leckas, appellant, v Stanley Kamamis, et al., respondents.
(Index No. 28566/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated July 17, 2003.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on April 15, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10258
R/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2002-08318, 2002-08319 Mary Levine, respondent, v Infidelity, Inc., et al., appellants. (Index No. 26977/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated July 22, 2002, which was determined by decision and order of this court dated December 22, 2003, 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.
SMITH, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10259
R/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-01177 Aneta Magidenko, et al., respondents, v Consolidated Edison, defendant, City of New York, appellant.
(Index No. 44264/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated January 26, 2004, which determined an appeal from a judgment of the Supreme Court, Kings County, dated January 16, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10276
C/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-09754 Rose Malaga, a/k/a Rose Colombo, respondent, v Cesar A. Malaga, appellant. (Index No. 89/8328)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Suffolk County, entered September 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 granted; and it is further,
ORDERED that 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.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10279
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-07683 Howard Porter, appellant, v Annette Porter, respondent. (Index No. 5216/01)
| DECISION & ORDER ON MOTION |
Appeal by Howard Porter from a judgment of the Supreme Court, Richmond County, dated June 17, 2003. By decision and order on motion of this court dated January 23, 2004, the appellant's motion for leave to prosecute the appeal as a poor person was denied and his time to perfect the appeal was enlarged until February 26, 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 (see 22 NYCRR 670.4), and prior order of this court dated January 23, 2004.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10309
PL/sl
|
2003-09230 Roslyn Rockowitz, et al., appellants, v Robert Greenstein, et al., respondents. (Index No. 8858/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated September 10, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 19, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10238
O/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-06680 Flora H. Scher, respondent, v Eric Stropoli, et al., appellants. (Index No. 18494/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings, including the trial, in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated June 25, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10272
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-09392 Carmello Sturiale, et al., respondents, v Eveready Battery Company, Inc., appellant. (Index No. 9504/02)
| DECISION & ORDER ON MOTION |
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 September 30, 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 June 15, 2004, 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.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M01314
S/sl
|
2004-01589 ORDER ON APPLICATION Alan Wiener, appellant, v Carolyn Wiener, respondent.
(Index No. 6375/93)
|
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated February 9, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 23, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10310
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-04918 Mikhail Zervos, et al., respondents, v City of New York, et al., appellants.
(Index No. 12904/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated September 22, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10311
Y/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-06757 In the Matter of Hager Grossett Grenion, appellant, v Arnulfo Grossett, respondent. (Docket No. F-09404-02)
| DECISION & ORDER ON MOTION |
Appeal by Hager Grossett Grenion from an order of the Family Court, Kings County, dated June 24, 2003. By order to show cause dated March 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 5, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and 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 scheduling order dated January 5, 2004 (see 22 NYCRR 670.4[5]).
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10283
S/sl
|
2003-06603, 2003-06604 ORDER ON APPLICATION In the Matter of Janice Hall, a/k/a Janice Hall Reyes, deceased. David M. Reyes, etc., appellant; Arthur A. Reyes, et al., respondents.
(File No. 60/01)
|
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order of the Surrogate's Court, Westchester County, dated June 13, 2003, and a decree of the same court, also dated June 13, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 30, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10275
R/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-06390 In the Matter of Independent Master Plumbers of Westchester County, Inc., appellant, v Westchester County Board of Plumbing Examiners, respondent.
(Index No. 4464/02)
| DECISION & ORDER ON MOTION |
Motion by Associated Builders & Contractors, Inc., for leave to file an amicus curiae brief on an appeal from a judgment of the Supreme Court, Westchester County, entered June 18, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10282
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-09821 In the Matter of Charles Jackson, respondent, v Cynthia Rice, appellant. (Docket No. V-12689/99)
| DECISION & ORDER ON MOTION |
Appeal by Cynthia Rice from an order of the Family Court, Kings County, dated September 30, 2003. By decision and order on motion of this court date February 19, 2004, that branch of the appellant's motion which was for leave to prosecute the appeal as a poor person was denied, with leave to renew on or before March 29, 2004. The appellant has not renewed that motion.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated February 19, 2004.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10302
E/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-09820, 2003-10803, 2003-10806 In the Matter of Tatyana Kondratyeva, respondent, v Joseph Yapi, appellant. (Docket No. F-04378/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Family Court, Kings County, dated September 25, 2003, and two orders of the same court dated October 22, 2003, inter alia, to stay enforcement of the order dated September 25, 2003, pending hearing and determination of the appeals therefrom, for leave to prosecute the appeals as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is dismissed, as the appellant's affidavit of service does not indicate that it was served on the respondent's attorneys.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10284
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-07836 In the Matter of Larry O. (Anonymous), Jr. Suffolk County Department of Social Services, respondent; Tunisia I. (Anonymous), et al., appellants. (Docket Nos. N 1236-03, N-1240-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant Larry O. for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 24, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the renewed motion and the papers filed in relation thereto, it is
ORDERED that the renewed motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Arza Rayches Feldman, Esq.
200 Rabro Drive
Hauppauge, New York 11788
(631) 272-5207
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10277
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-00017 In the Matter of Coleen Rupp-Elmasri, respondent, v Mohamed Elmasri, appellant. (Docket No. V-05-01)
| DECISION & ORDER ON MOTION |
Appeal by Mohamed Elmasri from an order of the Family Court, Suffolk County, dated October 25, 2002. By decision and order on motion of this court dated March 2, 2004, the appellant's time to perfect the appeal was enlarged until March 22, 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 (see 22 NYCRR 670.4) and prior order of this court dated March 2, 2004.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10327
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02784
In the Matter of Abdus Shahid, et al., petitioners, v Jesus Rosado, et al., respondents. (Index No. 54602/01)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the respondent Altagracia Rosado for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated January 29, 2004, which reversed a judgment of the Civil Court, Kings County, entered June 11, 2003.
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.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M10285
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-05173 In the Matter of David Wissink, respondent, v Jane Wissink, appellant.
(Docket No. 691/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to assign new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated May 9, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on August 27, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
Gilbert West, Esq.
174 Wickham Avenue
Middletown, New York 10904
(845) 344-01170;
by decision and order on motion of this court dated February 20, 2004, the above-named attorney was relieved and the appellant was granted leave to proceed pro se.
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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Gary Eisenberg, Esq.
129 Brooks Ave
Monroe, New York 10950
(914) 782-6715
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10085
L/
THOMAS A. ADAMS, J.
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2004-01902 The People, etc., plaintiff, v Edwin Lawrence, defendant. (Ind. No. 13132/89)
| 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
M10319
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
WILLIAM F. MASTRO, JJ.
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2001-04769 The People, etc., respondent, v Jerry McBee, appellant. (Ind. No. 1026/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 22, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
01 A 3236
Auburn Corr. Fac.
Box 618
Auburn, N.Y. 13024
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10092
K/sl
THOMAS A. ADAMS, J.
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2004-01979 The People, etc., respondent, v Jeffrey Rudell, appellant. (Ind. No. 1485/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered March 9, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10266
Y/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
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2002-03088, 2002-03089 The People, etc., respondent, v Anthony Wayne Smith, appellant. (Ind. Nos. 332/01, 905/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on appeals from two judgments of the County Court, Suffolk County, both rendered March 13, 2002, to include pages 718-727 from the trial transcript relating to a judgment rendered May 2, 1979, under Indictment No. 1176/78.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the County Court, Suffolk County, to hear and report on whether that court considered the pages from the 1979 transcript at issue when sentencing the appellant on the judgments rendered March 13, 2002, and the motion is held in abeyance in the interim. The County Court, Suffolk County, shall file its report with all convenient speed.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk