04-19-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR APRIL 19, 2005

TITLE	Case Number
Edelson v Placeway Construction Corporation	2005-01900
Fairfield Towers Condominium v Fairfield Pres	2004-06633 +2
Friedman v Marcus	2004-07436
Heartland Golf Park, Inc. v Field Turf Intern	2004-06587
Kaplan v Kaplan	2004-08847
Kingston v Breslin	2004-07277
Leibowtiz & Cinquemani, D.D.S., P.C. v Victor	2005-01126
Morgan v Chong Kwan Jun	2004-06351
Riverside Capital Advisers, Inc. v First Secu	2004-03240 +7
Serrano v Saint Joseph by Sea High School	2004-03358
Tyme v City of New York	2005-00616
Wolle-Gordon v Gordon	2004-11102
Mtr of B. (Anonymous), Davon; People of the S	2005-03530
Mtr of B. (Anonymous), Imani; Suffolk County	2005-02597
Mtr of B. (Anonymous), Sophia; Orange County	2005-03543
Mtr of C. (Anonymous), Corey; Corporation Cou	2004-04643
Mtr of Castillo v Castillo	2005-00403 +1
Mtr of Cohen v Cohen	2005-03503
Mtr of Cox v Cox	2003-10701
Mtr of Cutter v Feldman	2004-09470
Mtr of D. (Anonymous), Marc David	2004-06859 +5
Mtr of Fein v Gilchrist (Fein)	2005-03391
Mtr of Giliya v Warren	2005-03551 +1
Mtr of H. (Anonymous), Alfredo; Corporation C	2004-10031 +2
Mtr of H. (Anonymous), Children; Episcopal So	2004-07873 +1
Mtr of Lutz v Goldstone	2005-02024
Mtr of M. (Anonymous), Marcus; Corporation Co	2004-10089 +1
Mtr of Makhnovskaya v Nisenbaum	2005-01423
Mtr of Matos v Cruz	2005-01774
Mtr of McB. (Anonymous), Sarah Therese; Jewis	2005-03482
Mtr of McLaurin v New York State Board of Par	2004-11238
Mtr of McM. (Anonymous), Rohan; Presentment A	2005-03402
Mtr of Moreno v Cruz	2004-03428
Mtr of Morocco v Caporicci	2005-03390
Mtr of R. (Anonymous), Jimmy Jeremie; Heart S	2005-00300 +3
Mtr of Recard v Polite	2004-11002
Mtr of Rodriguez v Rodriguez	2005-01966
Mtr of S. (Anonymous), Maithsa Edourd; G., Er	2005-03505
Mtr of T. (Anonymous), Chauncey; Presentment	2004-07397
Mtr of Tabernuro v Jones	2004-06611 +1
Mtr of Thomas v Thomas	2005-03529
Mtr of Watson v Watson	2004-06019 +1
Peo v Armstead, Anthony	2002-03441
Peo v Bullis, Eric J.	2003-10280
Peo v Desulma, Chrisner	2003-10886
Peo v Hardy, Jermel	2003-08175

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Appellate Division: Second Judicial Department

M24241

E/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2005-01900
Lynn Edelson, et al., appellants,
v Placeway Construction Corporation,
et al., respondents.
(Index No. 19028/98)

DECISION & ORDER ON MOTION

Motion by the respondents Kent Iron Works, Inc., and Omar Molina to dismiss an appeal from an order of the Supreme Court, Westchester County, entered January 24, 2005, on the ground that the appellants failed to comply with 22 NYCRR 600.5(d).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24161

PL/sl

2004-06633, 2004-06634, 2004-06814
Fairfield Towers Condominium, respondent-
appellant, v Fairfield Presidential Associates,
et al., appellants-respondents.

(Index No. 19283/03)

ORDER ON APPLICATION

Application by the appellant-respondent Richardson, LLC pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Kings County, dated September 11, 2003, January 2, 2004, and July 19, 2004, respectively.

ORDERED that the application is granted and the appellants-respondents' time to perfect the appeals is enlarged until June 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ORDERED that the respondent-appellant shall serve and file its answering brief, including its 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

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Appellate Division: Second Judicial Department

M24124

PL/sl

2004-07436

Andrea Friedman, et al., appellants,
v Stephen H. Marcus, et al., respondents,
et al., defendant.
(Index No. 7519/98)

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, Nassau County, entered July 20, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 21, 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

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Appellate Division: Second Judicial Department

M24246

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2004-06587
Heartland Golf Park, Inc., respondent,
v Field Turf International, Inc., et al.,
appellants
(and a third party action).
(Index No. 20731/03)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 26, 2004.

Upon the stipulation of the attorneys for the respective parties, dated March 11, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

SMITH, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24200

M/nal

2004-08847
David Kaplan, appellant,
v Nicole Kaplan, respondent.
(Index No. 202833/01)

SCHEDULING ORDER

Appeal by David Kaplan from a judgment of the Supreme Court, Nassau County, dated August 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 18, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until May 13, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24235

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-07277
John Kingston, etc., respondent,
v Michael Breslin, et al., appellants.

(Index No. 17481/00)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, entered May 27, 2004.

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 respondent's time to serve and file a brief is enlarged until April 25, 2005, and the respondent'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., COZIER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24237

CF/

2005-01126
Leibowitz & Cinquemani, D.D.S., P.C.,
appellant, v Victoria Realty, LLC, respondent.
(Index No. 16522/04)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 23, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24039

PL/sl

2004-06351

Bruce Morgan, appellant,
v Chong Kwan Jun, et al., respondents.
(Index No. 13899/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated June 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 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

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Appellate Division: Second Judicial Department

M24185

PL/sl

2004-03240
Riverside Capital Advisers, Inc., etc., et al.,
plaintiffs-respondents, v First Secured Capital
Corporation, et al., defendants-appellants, Wet
Resources Corp., defendant-respondent, et al.,
defendant; Thomas Donovan, et al., nonparty-appellants.
(Appeal No. 1)

2004-06107, 2004-06108, 2004-06109,
2004-06110, 2004-06111, 2004-06843
Riverside Capital Advisers, Inc., etc., et al.,
respondents, v First Secured Capital Corporation,
et al., defendants-appellants, Wet Resources Corp., et al.,
defendants; Thomas Donovan, et al., nonparty-appellants.
(Appeals No. 2 through 6 and 8)
2004-06114
Riverside Capital Advisers, Inc., etc., et al.,
respondents, v First Secured Capital Corporation,
et al., defendants; Thomas Donovan, et al., nonparty-
appellants.
(Appeal No. 7)

(Index No. 20600/99)

ORDER ON APPLICATION

Application by the plaintiff-respondent Winchester Global Trust Company on appeals from eight orders of the Supreme Court, Nassau County dated March 9, 2004, May 24, 2004, May 25, 2004 (two orders), June 7, 2004, June 10, 2004, June 16, 2004, and July 27, 2004, respectively, to enlarge its time pursuant to 22 NYCRR 670.8(d)(2) to serve and file a brief on the appeals from the orders dated May 24, 2004 (Appellate Division Docket Number 2004-06107), May 25, 2004 (two orders) (Appellate Division Docket Numbers 2004-06108 and 2004-06109), June 7, 2004 (Appellate Division Docket Number 2004-06110), and June 10, 2004 (Appellate Division Docket Number 2004-06111), respectively.

ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until May 13, 2005, and the movant's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellants' time to serve and file their respective reply briefs is enlarged until June 7, 2005, and the appellants' respective reply briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24245

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2004-03358
Christopher L. Serrano, respondent,
v Saint Joseph by the Sea High School,
etc., et al., appellants.
(Index No. 13970/01)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 3, 2004.

Upon the stipulation of the attorneys for the respective parties, dated April 7, 2005, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24184

PL/sl

2005-00616
Evelyn Tyme, plaintiff-respondent,
v City of New York, defendant,
Arthur J. Schloerb, defendant-appellant,
Doreth Blair, defendant-respondent.
(Index No. 1040/04)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Queens County, dated November 23, 2004.

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until June 17, 2005, and the respondents' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24242

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2004-11102
Kathryn Wolle-Gordon, respondent,
v William Eric Gordon, appellant.

(Index No. 5284/03)

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, Westchester County, dated October 25, 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.

H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24233

M/nal

2005-03530
In the Matter of Davon B. (Anonymous), appellant.
(Docket No. E-22481-04)

SCHEDULING ORDER

Appeal by Davon B. from an order of the Family Court, Suffolk County, dated March 7, 2005. 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 of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M24191

M/nal

2005-02597
In the Matter of Imani B. (Anonymous).
Suffolk County Department of Social Services, respondent;
Vernon B. (Anonymous), appellant.
(Docket No. N- 21224-04)

SCHEDULING ORDER

Appeal by Vernon B. from an order of the Family Court, Suffolk County, dated March 9, 2005. By decision and order on motion of this court dated April 13, 2005, the following attorney was assigned as counsel on the appeal:

Karl E. Bonheim, Esq.

P.O. Box 145

431 Griffing Avenue

Riverhead, New York 11901

(631) 208-9007

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 13, 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,

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.

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Appellate Division: Second Judicial Department

M24230

M/nal

2005-03543
In the Matter of Sophia B. (Anonymous).
Orange County Department of Social Services, petitioner-respondent;
Joanne B. (Anonymous), appellant; et al., respondent.
(Docket No. N-3344-04 )

SCHEDULING ORDER

Appeal by Joanne B. from an order of the Family Court, Orange County, dated March 23, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M24212

M/nal

2004-04643
In the Matter of Corey C. (Anonymous), appellant.
(Docket No. D-19616-03 )

SCHEDULING ORDER

Appeal by Corey C. from an order of the Family Court, Queens County, dated May 19, 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 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24197

M/nal

2005-00403, 2005-00404
In the Matter of Michelle Castillo, respondent,
v Juan Castillo, appellant.
(Docket No. F-00180/00)

SCHEDULING ORDER

Appeals by Juan Castillo from two orders of the Family Court, Rockland County, dated September 7, 2004, and December 9, 2004, respectively. By decision and order on motion of this court dated April 13, 2005, the following attorney was assigned as counsel on the appeals:

Arlene Lewis, Esq.

P.O. Box 219

Blauvett, New York 10913

(845) 359-2149

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 April 13, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.

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Appellate Division: Second Judicial Department

M24229

M/nal

2005-03503
In the Matter of Chana Cohen, respondent,
v Efraim Cohen, appellant.
(Docket No. F-31759-03)

SCHEDULING ORDER

Appeal by Efraim Cohen from an order of the Family Court, Kings County, dated March 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M24203

M/nal

2003-10701
In the Matter of Kevin W. Cox, appellant,
v Julie Cox, respondent.
(Docket No. F-00432-96/03)

SCHEDULING ORDER

Appeal by Kevin W. Cox from an order of the Family Court, Suffolk County, dated August 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 12, 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 brief shall be served and filed within 45 days of the date of this order.

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.

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Appellate Division: Second Judicial Department

M24186

M/nal

2004-09470
In the Matter of Kathleen Cutter, respondent,
v Harry Feldman, appellant.
(Docket No. O-23574/03)

SCHEDULING ORDER

Appeal by Harry Feldman from an order of the Family Court, Kings County, dated October 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 15, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

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.

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Appellate Division: Second Judicial Department

M24202

M/nal

2004-06859, 2004-06861, 2004-06862
2004-06863, 2004-06864, 2004-06865
In the Matter of Marc David D. (Anonymous).
St. Vincent's Services, et al., respondents;
Ginette P. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Samuel D. (Anonymous).
St. Vincent's Services, et al., respondents;
Ginette P. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Shaminique Iris P. (Anonymous).
St. Vincent's Services, et al., respondents;
Ginette P. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Elijah Pierre D. (Anonymous).
St. Vincent's Services, et al., respondents;
Ginette P. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Ashley D. (Anonymous).
St. Vincent's Services, et al., respondents;
Ginette P. (Anonymous), appellant.
(Proceeding No. 5)
In the Matter of Tanisha Lovinia D. (Anonymous).
St. Vincent's Services, et al., respondents;
Ginette P. (Anonymous), appellant.
(Proceeding No. 6)
(Docket Nos. B-10122-01, B-10123-01, B-10124-01
B-10125-01, B-10127-01, B-10128-01)

SCHEDULING ORDER

Appeals by Ginette P. from six orders of the Family Court, Kings County, all dated June 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 23, 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 time of the respondent and the law guardian to serve and file their briefs on the appeals is enlarged until May 13, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M24228

M/nal

2005-03391
In the Matter of Michael Fein, appellant,
v Leigh Gilchrist (Fein), respondent.
(Docket No. F-17325-04)

SCHEDULING ORDER

Appeal by Michael Fein from an order of the Family Court, Suffolk County, dated March 4, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M24232

M/nal

2005-03551, 2005-03552
In the Matter of Ziva Giliya, appellant,
v Steven Warren, respondent.
(Docket No. P-00881/92)

SCHEDULING ORDER

Appeals by Ziva Giliya from two orders of the Family Court, Queens County, dated March 4, 2005, and March 7, 2005, 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 transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24195

M/nal

2004-10031, 2004-10032, 2004-10033
In the Matter of Alfredo H. (Anonymous),
appellant.
(Docket Nos. E-01625-04, D-21240-02,
D-09942-03)

SCHEDULING ORDER

Appeals by Alfredo H. from three orders of the Family Court, Kings County, all dated October 12, 2004. By decision and order on motion of this court dated April 12, 2005, the following attorney was assigned as counsel on the appeals:

Francine Shraga, Esq.

869 East 12th Street

Brooklyn, New York 11230

(718) 377-4894

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 April 12, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24198

M/nal

2004-07873, 2004-07874

In the Matter of H. (Anonymous) Children.
Episcopal Social Services, appellant;
Ada H. (Anonymous), et al., respondents.
(Docket Nos. B-16066/01, B-25284/02, B-25285/02,
B-25286/02)

ORDER TO SHOW CAUSE

Appeals by Episcopal Social Services from two orders of the Family Court, Kings County, dated March 31, 2004, and August 13, 2004, respectively. The transcripts were received by the appellant on February 7, 2005, and pursuant to the scheduling order of this court dated September 15, 2004, the appeals in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeals have not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with the scheduling order dated September 15, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 4, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24190

M/nal

2005-02024

In the Matter of Victoria Lutz, respondent,
v Bruce Goldstone, appellant.
(Docket No. F-00115-00)

ORDER TO SHOW CAUSE

Appeal by Bruce Goldstone from an order of the Family Court, Westchester County, dated January 6, 2005. By scheduling order dated March 14, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not 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; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are 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 the scheduling order dated March 14, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 4, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24210

M/nal

2004-10089, 2004-10091
In the Matter of Marcus M. (Anonymous), appellant.
(Docket No. E-4186/04)

SCHEDULING ORDER

Appeals by Marcus M. from two orders of the Family Court, Richmond County, dated October 19, 2004, and November 5, 2004, respectively. By decision and order on motion of this court dated April 11, 2005, the following attorney was assigned as counsel on the appeals:

Catherine S. Bridge, Esq.

1358 Clove Road

Staten Island, New York 10301

(718) 448-9600

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 April 11, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24226

M/nal

2005-01423
In the Matter of Dina Makhnovskaya, respondent,
v Mikhail Nisenbaum, appellant.
(Docket No. F-07391/03)

SCHEDULING ORDER

Appeal by Mikhail Nisenbaum from an order of the Family Court, Kings County, dated January 19, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24196

M/nal

2005-01774
In the Matter of Raul Matos, appellant,
v Nancy Cruz, respondent.
(Docket No. F-06868-02)

SCHEDULING ORDER

Appeal by Raul Matos from an order of the Family Court, Kings County, dated December 14, 2004. By decision and order on motion of this court dated April 13, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 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 and paid for, 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 of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24221

M/nal

2005-03482
In the Matter of Sarah Therese McB. (Anonymous),
Jewish Child Cars Association, respondent;
Maryellen McB. (Anonymous), appellant.
(Docket No. B-02032/00)

SCHEDULING ORDER

Appeal by Maryellen McB. from an order of the Family Court, Queens County, dated March 16, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24239

S/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2004-11238
In the Matter of Norris J. McLaurin, respondent,
v New York State Board of Parole, appellant.
(Index No. 2708/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 22, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent pro se to waive the filing fee on an appeal from a judgment of the Supreme Court, Orange County, dated October 28, 2004, and to vacate any automatic stay pursuant to CPLR 5519(a)(1) which may be in effect, or for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24215

M/nal

2005-03402
In the Matter of Rohan McM. (Anonymous), appellant.
(Docket No. D-3825/04)

SCHEDULING ORDER

Appeal by Rohan McM. from an order of the Family Court, Queens County, dated January 10, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24194

M/nal

2004-03428
In the Matter of Kenneth Moreno, respondent,
v Maria Cruz, appellant.
(Docket No. V-09793/99)

SCHEDULING ORDER

Appeal by Maria Cruz from an order of the Family Court, Kings County, dated March 18, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 13, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24216

M/nal

2005-03390
In the Matter of Salvatore Morocco, appellant,
v Tara Caporicci, respondent.
(Docket No. V-11289-04)

SCHEDULING ORDER

Appeal by Salvatore Morocco from an order of the Family Court, Suffolk County, dated March 16, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23526

M/nal

2005-00300, 2005-00601,
2005-00602, 2005-00603
In the Matter of Jimmy Jeremie R. (Anonymous).
Heart Share Human Services, respondent;
Hilda C. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Haydee R. (Anonymous).
Heart Share Human Services, respondent;
Hilda C. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Tatiana W. (Anonymous).
Heart Share Human Services, respondent;
Hilda C. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Iesha W. (Anonymous).
Heart Share Human Services, respondent;
Hilda C. (Anonymous), appellant.
(Proceeding No. 4)
(Docket Nos. B-08381-03, B-08382-03
B-10482-03, B-10483-03)

SCHEDULING ORDER

Appeals by Hilda C. from four orders of the Family Court, Kings County, all dated November 17, 2004. By decision and order on motion of this court dated March 23, 2005, the following attorney was assigned as counsel on the appeals:

Francine Shraga, Esq.

869 East 12th Street

Brooklyn, New York 11230

(718) 377-4894

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 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 23, 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 Mr. Rose. Please contact him at 718-722-6313 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24201

M/nal

2004-11002
In the Matter of Linda Recard, appellant,
v Anthony Polite, respondent.
(Docket No. F-06975/00)

SCHEDULING ORDER

Appeal by Linda Recard from an order of the Family Court, Kings County, dated November 15, 2004. By decision and order on motion of this court dated April 11, 2005, the appellant's motion for leave to reargue a prior motion to prosecute the appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 20 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 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 and paid for, 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 20 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24189

M/nal

2005-01966

In the Matter of Nelson Rodriguez, appellant,
v Zamarra Rodriguez, respondent.
(Docket No. V-16328-04)

ORDER TO SHOW CAUSE

Appeal by Nelson Rodriguez from an order of the Family Court, Queens County, dated December 20, 2004. By scheduling order dated March 14, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24219

M/nal

2005-03505
In the Matter of Maithsa Edourd S. (Anonymous).
Administration for Children's Services, respondent;
Rose P. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Ernesto G. (Anonymous).
Administration for Children's Services, respondent;
Rose P. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. N-06160-04, N-06161-04)

SCHEDULING ORDER

Appeal by Rose P. from an order of the Family Court, Kings County, dated March 23, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected 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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24188

M/nal

2004-07397
In the Matter of Chauncey T. (Anonymous),
appellant.
(Docket No. D-06890-04)

SCHEDULING ORDER

Appeal by Chauncey T. from an order of the Family Court, Queens County, dated August 2, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24192

M/nal

2004-06611, 2004-06613
In the Matter of Gail Tabernuro, respondent,
v Reginald Jones, appellant.
(Docket No. V-12964-02, V-27181-01,
O-34251-03)

SCHEDULING ORDER

Appeals by Reginald Jones from two orders of the Family Court, Kings County, both dated July 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 12, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24225

M/nal

2005-03529
In the Matter of Kristine J. Thomas, respondent,
v Gregory M. Thomas, appellant.
(Docket No. O-3208-05)

SCHEDULING ORDER

Appeal by Gregory M. Thomas from an order of the Family Court, Suffolk County, dated March 4, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M23612

M/nal

2004-06019, 2004-06021
In the Matter of Belinda Watson, respondent,
v James Watson, appellant.
(Docket No. F-0577-01)

SCHEDULING ORDER

Appeals by James Watson from two orders of the Family Court, Kings County, both dated June 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on February 1, 2005. By decision and order on motion of this court dated March 30, 2005, the following attorney was assigned to represent the respondent on the appeals:

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11201

(718) 284-3575

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 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24236

R/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2002-03441
The People, etc., respondent,
v Anthony Armstead, appellant.
(Ind. No. 1646/01)

DECISION & ORDER ON MOTION

Application by the counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2002, to withdraw the brief previously filed and for leave to serve and file a new brief.

Upon the papers filed in support of the motion and in relation thereto and upon the papers filed in opposition to the motion by the appellant pro se, it is

ORDERED that the motion is denied.

H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24244

E/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-10280
The People, etc., respondent,
v Eric J. Bullis, appellant.
(Ind. No. 03-00562)

DECISION & ORDER ON MOTION

Motion by John R. Lewis, Esq., the attorney assigned to represent the appellant on an appeal from a judgment of the County Court, Orange County, rendered November 17, 2003,to be relieved. By decision and order on motion of this court dated March 7, 2005, the appellant was directed to show cause why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, and the motion by John R. Lewis, Esq., to be relieved was held in abeyance.

On the court's own motion, and no papers having been filed in response thereto, and upon the papers filed in support of the motion of John R. Lewis, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion of John R. Lewis, is denied as academic.

H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24243

E/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

STEPHEN G. CRANE

PETER B. SKELOS, JJ.

2003-10886
The People, etc., respondent,
v Chrisner Desulma, appellant.
(Ind. No. 5579/88)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant on an appeal from a resentence of the Supreme Court, Kings County, rendered November 21, 2003, to amend the notice of assignment of counsel to include the judgment rendered May 22, 1989.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M24238

PL/sl

2003-08175

The People, etc., respondent,
v Jermel Hardy, appellant.
(Ind. No. 3482/00)

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 Supreme Court, Queens County, rendered October 3, 2002.

ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on April 18, 2005, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court