Appellate Division: Second Judicial Department
M24259
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-06639 Joseph Altmann, respondent-appellant, v Mary Ellen Finger, appellant-respondent.
(Index No. 1213/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Putnam County, dated June 29, 2004, to strike stated portions of the reply brief of the appellant-respondent on the ground that they refer to matter dehors the record.
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
Appellate Division: Second Judicial Department
M24252
CF/
|
2004-09891 American Safety Razor Company, respondent, v Package All Corporation, appellant. (Index No. 13828/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Suffolk County, dated October 1, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
Appellate Division: Second Judicial Department
M24255
S/sl
|
2004-05847
Beverage Marketing USA, Inc., plaintiff, Hornell Brewing Company, Inc., appellant, v South Beach Beverage Company, Inc., et al., respondents.
(Index No. 265/02)
| 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, Nassau County, dated April 5, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before April 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24295
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-06100 Leroy Delaney, respondent, v National Amusements, Inc., appellant (and a third-party action). (Index No. 13340/94)
| 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, Suffolk County, dated May 28, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until June 21, 2005, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24249
CF/
|
2005-02019 Kathleen Donish, respondent, v Brookhaven Memorial Hospital Medical Center, et al., defendants, Shlomo Piontkowski, appellant. (Index No. 2464/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 28, 2005.
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
Appellate Division: Second Judicial Department
M24263
CF/
|
2004-10544 Justin Firmes, respondent, v Chase Manhattan Automotive Finance Corp., et al., appellants. (Index No. 16655/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from a judgment of the Supreme Court, Nassau County, dated November 23, 2004.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24256
S/sl
|
2004-07510
Marcia Goldstein, etc., respondent, v Sandra Diamond Tucker, a/k/a Sandra Tucker, etc., et al., appellants-respondents, Bank of America, NA, respondent-appellant, et al., defendants. (Index No. 31520/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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 April 29, 2004.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until April 18, 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 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
Appellate Division: Second Judicial Department
M24268
CF/
|
2004-10845 Toniann Grossman, appellant, v Bell Atlantic Corp., respondent. (Index No. 19465/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 14, 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
Appellate Division: Second Judicial Department
M24273
CF/
|
2005-02525 Leona Hilton, et al., appellants, v Independent Coach Corporation, et al., respondents. (Index No. 6948/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated February 8, 2005.
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
Appellate Division: Second Judicial Department
M24248
CF/
|
2004-09644 Hye Lim Chun, etc., respondent, v Bridgestone/Firestone, Inc., appellant, et al., defendants. (Index No. 20183/02)
| 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 September 8, 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
Appellate Division: Second Judicial Department
M24266
CF/
|
2005-01032 Indra Kaurate, et al., respondents, v Nicholas V. Bartolo, et al., appellants. (Index No. 52865/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 10, 2005.
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
Appellate Division: Second Judicial Department
M24254
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2005-03208 Marton Klepp, appellant, v Anita Klepp, respondent.
(Index No. 6050/69)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Westchester County, dated March 3, 2005, and all proceedings in the above-entitled action, including the hearing scheduled for April 21, 2005, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24265
CF/
|
2004-08746 Bruce A. Latham, appellant, v Christine Latham, respondent. (Index No. 18074/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 18, 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
Appellate Division: Second Judicial Department
M24258
CF/
|
2005-02199 John Madara, respondent, v Nada Madara, appellant. (Index No. 7457/04)
| 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 January 4, 2005.
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
Appellate Division: Second Judicial Department
M24275
S/sl
|
2004-09546
Raphael Marin, appellant, v Levin Properties, LP, et al., respondents.
(Ind. No. 6124/02)
| 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, Kings County, dated September 30, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 20, 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
M24264
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2005-02282 Theresa Newsam, et al., appellants, v Novitt & Sahr, Esqs., et al., respondents. (Index No. 49308/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enjoin the respondents from terminating their proprietary lease to the subject apartments pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 6, 2005. Cross motion by the respondents Novitt & Sahr and Donald S. Novitt, inter alia, to dismiss the appeal on the ground that the order appealed from is one denying reargument from which no appeal lies.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the order appealed from is not appealable is denied without prejudice to raising that issue in the respondents' briefs; and it is further,
ORDERED that the cross motion is otherwise denied.
RITTER, J.P., GOLDSTEIN, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24250
CF/
|
2004-06777 Dalen Palma, et al., appellants, v Gerald DiMarco, et al., respondents. (Index No. 1222/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated July 15, 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
Appellate Division: Second Judicial Department
M24231
Y/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-02579, 2005-02580
Maureen Peace, et al., plaintiffs, v Norma Slocombe, defendant third-party plaintiff; Reynold Persaud, et al., third-party defendants. (Index No. 1712/03)
| DECISION & ORDER ON MOTION Motions for Leave to Appeal to Appellate Division |
Motions by (1) Norma Slocombe for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated December 28, 2004, which reversed insofar as appealed from an order of the Civil Court, City of New York, Queens County, entered October 29, 2003, and from an order of the Appellate Term dated February 28, 2005, denying her motion for leave to appeal to this court from the order dated December 28, 2004, and (2) Reynold Persaud and Alfred A. Bachu for leave to appeal to this court from the order dated December 28, 2004.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are denied.
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24267
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-03538, 2005-03539, 2005-03540
Melissa Pinkava, etc., et al., appellants, v Annmarie Ramirez, et al., respondents. (Index No. 21551/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeals by the plaintiffs from two transcripts of the Supreme Court, Suffolk County, dated January 20, 2005 (Appellate Division Docket No. 2005-03538), and January 25, 2005 (Appellate Division Docket No. 2005-03539), respectively, and a judgment of the same court dated March 3, 2005.
Now, on the court's own motion, it is
ORDERED that the appeals from the transcripts are dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24261
CF/
|
2004-09618 Ajay P. Prasad, respondent, v Ratan Sharma, appellant. (Index No. 8450/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 17, 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
Appellate Division: Second Judicial Department
M24270
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-02160 Mary Quandt-Wormsby, respondent, v Sidney Wormsby, appellant. (Index No. 45063/01)
| DECISION & ORDER ON MOTION |
Appeal by Sidney Wormsby from a decision of the Supreme Court, Kings County, dated January 7, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24260
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2005-03332 Sindrich Foods, Inc., et al., appellants, v Kami Holding Corp., et al., respondents. (Index No. 16605/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay an eviction proceeding pending in the District Court, Nassau County, First District, under Index No. 5660-04, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated March 31, 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.
RITTER, J.P., GOLDSTEIN, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24253
S/sl
|
2004-06950
James M. Turnbull, et al., appellants, v MTA New York City Transit, respondent. (Index No. 26585/99)
| 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, Kings County, dated July 24, 2004.
ORDERED that the application is granted and the appellants' record and brief which were submitted to the Clerk of this court are accepted for filing; and it is further,
ORDERED that the respondent's brief shall be served and filed on or before May 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24271
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-03554 Teresita Wendt, respondent, v Joseph C. Wendt, appellant. (Index No. 9570/02)
| DECISION & ORDER ON MOTION |
Appeal by Joseph C. Wendt from a decision of the Supreme Court, Suffolk County, dated February 9, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24272
CF/
|
2005-01850 In the Matter of Anne E. Fulham, respondent, v Juan Borges, etc., appellant. (Docket No. F-4827-99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated February 22, 2005.
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
Appellate Division: Second Judicial Department
M24206
M/nal
|
2005-00097
In the Matter of John J. Paoli, Sr., appellant, v Jody Paoli, respondent. (Docket No. V-270597)
| ORDER TO SHOW CAUSE |
Appeal by John J. Paoli, Sr., from an order of the Family Court, Orange County, dated November 24, 2004. By decision and order on motion of this court dated March 3, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before April 7, 2005. The appellant has failed to do so. 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 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 5, 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
Appellate Division: Second Judicial Department
M24269
CF/
|
2004-09675 In the Matter of Sprint Spectrum, L.P., respondent, v John Duffy, et al., appellants. (Index No. 8634/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated September 20, 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
Appellate Division: Second Judicial Department
M24204
M/nal
|
2005-01770
In the Matter of Bronc Stallings, appellant, v Glenda Stallings, respondent. (Docket No. F-5004-96)
| ORDER TO SHOW CAUSE |
Appeal by Bronc Stallings from an order of the Family Court, Kings County, dated January 10, 2005. By scheduling order dated March 3, 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 3, 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 5, 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
Appellate Division: Second Judicial Department
M24193
M/nal
|
2004-04638 In the Matter of Suffolk County Department of Social Services, respondent, v Maria Conley, appellant. (Docket No. F-02209-01)
| SCHEDULING ORDER |
Appeal by Maria Conley from an order of the Family Court, Suffolk County, dated April 26, 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 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24257
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2005-02080, 2005-02082 In the Matter of Mary Tolkan, respondent, v James Morin, appellant. (Docket No. F-2358/00)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Queens County, both dated January 31, 2005, to grant the appellant leave to prosecute the appeals as a poor person, and for a preference in the calendaring of the appeals.
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 relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before May 2, 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 23, 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; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521).
RITTER, J.P., GOLDSTEIN, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24296
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
1997-01445, 1999-11289 The People, etc., respondent, v Vincent Alexandrini, appellant. (Ind. No. 140/95, 335/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Richmond County, rendered January 15, 1997, as abandoned.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted unless, on or before May 27, 2005, the appellant makes a proper motion for leave to prosecute the appeal as a poor person, including an affidavit setting forth the amount and source of funds paid to retained counsel and the source of the $200,000 bail money.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24247
S/sl
|
2001-04492
The People, etc., respondent, v Frank Baylor, Jr., appellant. (Index No. 2494/98)
| 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 County Court, Nassau County, dated April 17, 2001.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 29, 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
M24274
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-03489
The People, etc., respondent, v Joseph Berry, appellant. (Ind. No. 1556/85)
| ORDER TO SHOW CAUSE |
Appeal by Joseph Berry from an order of the Supreme Court, Queens County, dated March 17, 2005.
Now, upon the court's own motion, it is
ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated March 17, 2005, is not appealable by right or by permission (see CPL 450.10; 450.15) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 13, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by ordinary mail pursuant to CPL 470.60(2), and upon the appellant's attorney and the District Attorney, by regular mail.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M24283
F/
HOWARD MILLER, J.
|
2005-00632 The People, etc., plaintiff, v Arthur Blanco, defendant. (Ind. No. 02-00554)
| 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, Westchester County, dated January 26, 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.
HOWARD MILLER
Associate Justice
Appellate Division : Second Judicial Department
M24276
F/
ROBERT A. LIFSON, J.
|
2005-02387 The People, etc., plaintiff, v Hector Figueroa, defendant. (Ind. No. 10708/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated December 23, 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 A. LIFSON
Associate Justice
Appellate Division : Second Judicial Department
M24278
F/
BARRY A. COZIER, J.
|
2004-11069 The People, etc., plaintiff, v Anthony Maraia, Jr., defendant. (Ind. No. 97-01910)
| 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, Westchester County, dated October 1, 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.
BARRY A. COZIER
Associate Justice
Appellate Division : Second Judicial Department
M24281
F/
BARRY A. COZIER, J.
|
2004-11212 The People, etc., plaintiff, v Deshaw Smith, a/k/a Darryl Swindell, defendant. (Ind. No. 4573/90)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 16, 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.
BARRY A. COZIER
Associate Justice
Appellate Division : Second Judicial Department
M24280
F/
BARRY A. COZIER, J.
|
2004-11258 The People, etc., plaintiff, v Herman Victor, defendant. (Ind. No. 11587/96)
| 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 8, 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.
BARRY A. COZIER
Associate Justice