Appellate Division: Second Judicial Department
M24159
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2004-09085
David Bregman, appellant, v Douglas Finn, etc., et al., respondents.
(Index No. 23048/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 16, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 6, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24180
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2004-07662
Francine Cannizzaro, et al., appellants, v Simco Management Co., et al., respondents. (Index No. 11336/02)
| ORDER ON APPLICATION |
Application by the respondent Westbury Garden Center 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 July 29, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until May 2, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24214
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2004-07573, 2004-08259
Adelaide Cohen, appellant, v Daniel Kretzschmar, et al., respondents. (Index No. 208/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated August 11, 2004, and a judgment of the same court dated August 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until May 30, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24224
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2004-07587
Michelle Ericson, respondent, v Susan M. Palleschi, etc., et al., appellants. (Index No. 9159/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 30, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 3, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24199
Y/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-04883, 2004-04885 Joan E. Evans, respondent, v Bret A. Evans, appellant. (Index No. 3567/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Suffolk County, dated April 30, 2004, and May 20, 2004, 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; and it is further,
ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]), and prior orders of this court.
H. MILLER, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24220
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2004-07355
Mark Haynes, respondent, v City of New York, et al., appellants. (Index No. 7503/99)
| ORDER ON APPLICATION |
Application by the appellants 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 August 2, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 17, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24163
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2004-07506
Frances Hennington, appellant, v Lenore Ellington, et al., respondents. (Index No. 10830/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 18, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24207
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2004-09282
Arlene Hoilett, respondent, v Baron Daewoo, Inc., et al., appellants. (Index No. 3599/02)
| 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 June 8, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 13, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24173
R/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2003-03390 Icy Splash Food & Beverage, Inc., et al., respondents, v Felix Henckel, et al., appellants.
(Index No. 9447/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated March 5, 2003, which was determined by decision and order of this court dated January 24, 2005.
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 denied.
FLORIO, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24165
E/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-03211 Incorporated Village of Hempstead, respondent, v Village Video, Inc., et al., appellants.
(Index No. 16009/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated March 23, 2005, pending hearing and determination of an appeal therefrom.
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 denied.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24182
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
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2004-09896 John Kramer, respondent, v Angela Kramer, appellant. (Index No. 10872/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated September 20, 2004, on the original papers.
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 appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until May 31, 2005.
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24218
S/sl
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2004-05577
Patricia LaPierre, appellant, v Allen D. Efron, etc., et al., respondents. (Index No. 16568/00)
| 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 a judgment of the Supreme Court, Queens County, dated June 9, 2004.
ORDERED that the application is granted and the reply brief must be served and filed on or before May 2, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24162
E/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-05235 Midlantic Commercial Leasing Corp., respondent, v Isaac Levin, appellant, et al., defendants. (Index No. 4034/88)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 24, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.
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.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24183
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2004-06434
Deborah Miller, respondent, v Allan B. Miller, appellant. (Index No. 14658/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Suffolk County, dated June 15, 2004
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 28, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24181
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2004-07246 Frida Muniz, respondent, v New York City Transit Authority, appellant. (Index No. 5705/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated July 19, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 18, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24213
S/sl
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2004-09665
David Myers III, et al., appellants-respondents, v BMR Building Inspections, Inc., respondent, Bart Rodi, et al., respondents-appellants. (Index No. 301/01)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated October 4, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until July 25, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24140
PL/sl
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2004-09474
NGR, LLC, appellant, v General Electric Company, respondent. (Index No. 17358/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 2, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24227
Y/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
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2004-02078 Alan Neidereger, appellant, v Salvatore V. Misuraca, et al., respondents (and a third-party action). (Index No. 5444/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2004 Calendar", dated November 3, 2004, as dismissed an appeal from a judgment of the Supreme Court, Nassau County, entered February 11, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated November 3, 2004, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 19, 2005, and the record on 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.
H. MILLER, J.P., KRAUSMAN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24172
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2004-09223
Jean Philippe, appellant, v Town of Clarkstown, et al., respondents. (Index No. 8798/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated September 30, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 13, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24217
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2004-07288
William Quinn, Jr., et al., appellants, v William J. Mich, Jr., et al., defendants-respondents, J. Petrocelli Contracting, Inc., defendant third-party plaintiff-respondent; McAvoy Construction, third-party defendant-respondent. (Index No. 12567/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 28, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 16, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24167
E/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2004-05137 Marion Woszczyna, respondent, v BJW Associates, et al., appellants, et al., defendants. (Index No. 3357/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 13, 2004.
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 appellants' time to perfect the appeal is enlarged until June 13, 2005, 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 no further enlargements of time shall be granted.
FLORIO, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24154
Y/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-09643 In the Matter of Khadrek Leroy B. (Anonymous). Administration for Children's Services, et al., respondents; Winston Leroy B. (Anonymous), appellant. (Docket No. B-15810/03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated July 7, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before April 29, 2005, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before May 20, 2005, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24179
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2005-01443 In the Matter of Leonard D. B. (Anonymous), appellant. (Docket No. D-13715-04)
| SCHEDULING ORDER |
Appeal by Leonard D. B. from an order of the Family Court, Nassau County, dated January 12, 2005. By decision and order on motion of this court dated April 5, 2005, the following attorney was assigned as counsel on the appeal:
Gail Jacobs, Esq.
47 Rose Avenue
Great Neck, New York 11021
(516) 773-3107
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated April 5, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M24177
M/nal
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
WILLIAM A. MASTRO
ROBERT A. SPOLZINO, JJ.
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2004-09520, 2004-09620
In the Matter of Alexis C. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Cheyenne C. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Justin N. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-15008-01, N-15009-01, N-15010-01)
| DECISION & ORDER ON MOTION |
Appeals by Valerie C. from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004, respectively, and separate appeal by Damien N. from the order dated September 27, 2004. By order to show cause dated March 28, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal by Damien N. in the above-entitled proceedings for failure to comply with a scheduling order dated January 24, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal by Damien N. is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated January 24, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24178
M/nal
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2004-05374, 2004-05575 In the Matter of Tyreek F. (Anonymous), a/k/a Joseph F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) (Docket No. B-17617-00) In the Matter of Tylasis Maryetta F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket No. B-720-00)
| SCHEDULING ORDER |
Appeals by Audrey F. from two orders of the Family Court, Kings County, both dated February 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 9, 2005, and the law guardian's brief was served and filed on April 4, 2005 Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until May 20, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23274
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2004-03009, 2004-10441 In the Matter of Keith B. Greene, appellant, v Cindy Holmes, respondent. (Docket No. F-02012-95)
| SCHEDULING ORDER |
Appeals by Keith B. Greene from two orders of the Family Court, Orange County, dated March 10, 2004, and September 24, 2004, respectively. By decision and order on motion of this court dated March 22, 2005, the following attorney was assigned as counsel on the appeals:
Janet Gandolfo, Esq.
174 Webber Avenue
Sleepy Hollow, New York 10591
(914) 332-0505
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated March 22, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are 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 of the Court
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
M24168
J/sl
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2004-09994
In the Matter of Michael S. Kornfeld, respondent, v County of Nassau, appellant. (Index No. 17500/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered July 6, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 7, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M24166
S/sl
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2004-06356
In the Matter of Lakeside Manor Home for Adults, Inc., appellant, v Antonia C. Novello, etc., et al., respondents.
(Index No. 8724/03)
| 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, Richmond County, dated May 21, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 26, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24032
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
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2005-00863
In the Matter of Juliane M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matthew M. (Anonymous). Administration for Children's Services, respondent; Andrew M. (Anonymous), appellant. (Proceeding No. 2)
(Docket Nos. N-16712/01, N-16713/01)
| DECISION & ORDER ON MOTION |
Appeal by Andrew M. from an undated order of the Family Court, Queens County issued in 2004. By order to show cause dated March 8, 2005, 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 proceedings for failure to comply with a scheduling order dated February 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 31, 2005.
COZIER, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24175
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
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2004-11324 In the Matter of James M. Miotto, respondent, v Katherine Kytoski, appellant. (Docket Nos. V-4466/03, V-4467/03)
| DECISION & ORDER ON MOTION |
Appeal by Katherine Kytoski from an order of the Family Court, Nassau County, dated December 23, 2004. By order to show cause dated March 10, 2005, 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 24, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Cross application by the appellant to withdraw the appeal.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24223
C/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-00546 In the Matter of Katherine Oliphant, respondent, v Bryan Oliphant, appellant. (Docket No. F-10331/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Westchester County, dated December 9, 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., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24153
R/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-07328, 2004-07329 In the Matter of Daisy Rodriguez, appellant, v Mark Guerra, respondent. (Docket No. V-10165-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to vacate an order of the Family Court, Queens County, dated June 30, 2004, and to remit the matter to the Family Court, Queens County, for a new hearing, or in the alternative, to enlarge the time to perfect an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to vacate the order dated June 30, 2004, and to remit the matter to the Family Court, Queens County, for a new hearing, is denied; and it is further,
ORDERED that on the court's own motion, on or before May 31, 2005, the parties shall settle the transcript of the proceedings held before the Family Court, Queens County, in accordance with CPLR 5525, without prejudice to making a motion for a reconstruction hearing if the transcript cannot be settled; and it is further, ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court pursuant to § 670.4(a) of the rules of this court for the issuance of a scheduling order (see 22 NYCRR 670.4[a]).
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24174
J/sl
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2004-08995 In the Matter of Surinder Sandhu, etc., respondent, v Mercy Medical Center, et al., appellants. (Index No. 12882/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, entered August 3, 2004.
ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until May 16, 2005, and the joint record or joint appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24033
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
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2004-10939
In the Matter of Janeen Townsend, respondent, v Michael Veal, appellant. (Docket No. F-7305/04)
| DECISION & ORDER ON MOTION |
Appeal by Michael Veal from an order of the Family Court, Queens County, dated November 16, 2004. By order to show cause dated March 11, 2005, 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 February 8, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Cross application by the appellant to withdraw the appeal.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24170
M/nal
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-10312 In the Matter of Delores Wrighton, respondent, v Paul Wrighton, appellant. (Docket No. F-12654/03)
| SCHEDULING ORDER |
Appeal by Paul Wrighton from an order of the Family Court, Queens County, dated November 3, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 6, 2005; and it is further,
ORDERED that no further enlargement of time shall be granted.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24211
M/nal
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2004-00678 In the Matter of Jason Z. (Anonymous), appellant. (Docket No. D-6019-03)
| SCHEDULING ORDER |
Appeal by Jason Z. from an order of the Family Court, Orange County, dated December 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on February 4, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until April 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24222
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2004-09022
The People, etc., respondent, v Kevin Cioffi, appellant.
(Ind. No. 6467/01)
| 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 a judgment of the Supreme Court, Kings County, dated April 26, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M24084
F/
ROBERT W. SCHMIDT, J.
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2005-01254 The People, etc., plaintiff, v Christopher Daley, a/k/a Carl Henry, defendant. (Ind. No. 01-01036)
| 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, Westchester County, dated March 2, 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.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division : Second Judicial Department
M24090
F/
ROBERT W. SCHMIDT, J.
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2005-00691 The People, etc., plaintiff, v Jamel Heggs, defendant. (Ind. No. 9381/00)
| 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 17, 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.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M24176
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
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2002-05294 The People, etc., respondent, v Tully Hyman, appellant. (Ind. No. 1787/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered May 15, 2002, which was determined by decision and order of this court dated February 7, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24208
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FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
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2002-04926
The People, etc., respondent, v William Jiggets, appellant. (Ind. No. 5219/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 21, 2002.
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 the appellant's supplemental brief shall be served and filed on or before June 8, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24164
E/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-03714 The People, etc., respondent, v William Riley, a/k/a Ajamu Olutosin, appellant. (Ind. No. 5308/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental appendix on an appeal from a resentence of the Supreme Court, Queens County, rendered April 15, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
William Riley, a/k/a Ajamu Olutosin
87-B-0363
Attica Correctional Facility
Box 149
Attica, New York 14011
Appellate Division: Second Judicial Department
M24209
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2004-01447
The People, etc., respondent, v Richard W. Russillo, appellant. (Ind. No. 2486/02)
| 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 a judgment of the County Court, Suffolk County, rendered February 4, 2004.
ORDERED that the application is granted and the respondent's time to serve and file its brief is enlarged until May 5, 2005, and the respondent's brief shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M24089
F/
ROBERT W. SCHMIDT, J.
|
2005-00197 The People, etc., plaintiff, v Jose Santiago, defendant.
(Ind. No. 02-00511)
| 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, Westchester County, dated December 13, 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.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M24071
A/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
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2005-02581 The People, etc., ex rel. Walter J. Roache, petitioner, v S.A. Connell, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
FLORIO, J.P., ADAMS, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court