04-21-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR APRIL 21, 2004

TITLE	Case Number
Bobinski v Bobinski	2004-00815
Cantos v Kaourani	2003-02227
Cruz v Long Island Rail Road Company	2003-06860
Dembitzer v Dembitzer	2004-02404
Grigoli v Passantino	2003-06519
Kleynshvag v GAN Insurance Company, d/b/a	2003-10428
Nieves v Admiral Cooling & Heating, LLC	2003-04552
Ryan v Ryan	2004-02322
Shimel v 5 South Fulton Ave. Corporation	2003-09210
Smulczeski v Smulczeski	2003-10159 + 1
Wright v Evanston Insurance Company	2003-09064
Yorktown 202 Realty Associates, Limited	2003-08971 + 1
Mtr of A. (Anonymous), Luis	2004-03036
Mtr of B. (Anonymous), Jordan Amir	2003-08887 + 3
Mtr of B. (Anonymous), Susan	2004-03128 + 1
Mtr of B. (Anonymous), Takylia	2004-02662
Mtr of DeSousa v Department of Social Services	2004-01736
Mtr of G. (Anonymous), Anthony Jr.	2004-03321
Mtr of Henry v Skratt	2003-05528 + 1
Mtr of Morgan v King	2004-03255
Mtr of N. (Anonymous), John Jr.	2004-02595 + 1
Mtr of Powell v Lewis	2003-04280
Mtr of R.R. v Y.R.	2004-03049
Mtr of Richardson v Domingo	2003-11324
Mtr of Rivera v Quinones-Rivera	2004-03065 + 1
Mtr of Shannon	2004-01814
Mtr of TMG Services, Inc., d/b/a A-1 Baldwin	2003-10250
Mtr of Town of Eastchester v New York State	2003-08799
Mtr of Westchester County Department of Social	2004-03019
Mtr of Williams v Westchester County Court	2003-02096
Peo v Bennett, Frank	2003-10472
Peo v Brooks, David, a/k/a Ames, Theo	1998-06542
Peo v Brown, Fred	2004-01846
Peo v Spragion, Darrell	2004-01903
Peo v Thomas, Frederick	2004-02526
Peo v Thomas, Joseph	2004-01825
Peo v Thon, Frank	2004-02077
Peo v Williams, Jomo	2004-02076
Peo v Zimmerman, Nicholas	2004-00715

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

Appellate Division: Second Judicial Department

M10463

S/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2004-00815
Joyce Bobinski, appellant, v
John Bobinski, respondent.
(Index No. 13008/96)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 11, 2004, in the above-entitled case is amended by (1) deleting from the third decretal paragraph thereof the date "April 16, 2004" and substituting therefor the date "May 5, 2004", and (2) deleting from the fourth decretal paragraph thereof the date "April 23, 2004" and substituting therefor the date "May 12, 2004".

RITTER, J.P., SMITH, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial DepartmentM10386

A/sl

A. GAIL PRUDENTI, P.J.

NANCY E. SMITH

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2003-02227
Joshua Cantos, etc., et al., respondents,
v Yasser A. Kaourani, et al., defendants,
Pierce Coach Lines, et al., appellants.
(Index No. 6731/00)

DECISION & ORDER ON MOTION
Motion To Withdraw Appeal

Motion by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2003.

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

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

PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial DepartmentM10473

S/sl

2003-06860

Antonio Cruz, respondent, v Long Island Rail
Road Company, appellant.
(Index No. 16038/00)

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, dated July 15, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 28, 2004, and the respondent'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

M10377

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2004-02404
Naftali Z. Dembitzer, appellant,
v Malka N. Dembitzer, respondent.
(Index No. 3971/01)

SCHEDULING ORDER

Appeal by Naftali Z. Dembitzer from a judgment of the Supreme Court, Kings County, dated February 24, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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.

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Appellate Division: Second Judicial Department

M10466

S/sl

2003-06519

Angelo Grigoli, respondent,
v Thomas Passantino, appellant.
(Index No. 11225/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 17, 2003.

ORDERED that the application is granted and the respondent's time to file a brief is enlarged until April 26, 2004, and the respondent's brief must be filed on or before that date; and it is further,

ORDERED that the appellant's reply brief, if any, shall be served and filed on or before May 6, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10432

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-10428
Georgiy Kleynshvag, appellant-respondent,
v Gan Insurance Company, d/b/a Western
Continental Insurance Company,
respondent-appellant.

(Index No. 18736/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 30, 2003, to strike pages three through six from the respondent-appellant's brief on the ground that they refer to matter dehors the record, and for an award of costs on the motion.

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

ORDERED that the branch of the motion which is to strike pages three through six from the respondent-appellant's brief is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10364

A/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2003-04552
Steven Nieves, appellant, v Admiral
Cooling & Heating, LLC, et al., respondents.
(Index No. 20542/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 1, 2003.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until May 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10474

S/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

DANIEL F. LUCIANO

STEPHEN G. CRANE, JJ.

2004-02322
John Ryan, respondent, v
Marylou Ryan, appellant.
(Index No. 5015/97)

DECISION & ORDER ON MOTION

Appeal by Marylou Ryan from a "Notice of Preliminary Conference" of the Supreme Court, Richmond County, dated February 5, 1997.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as a "Notice of Preliminary Conference" is not appealable either by right or by permission (see CPLR 5701).

ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10461

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-09210
Helaine Shimel, et al., respondents, v
5 South Fulton Ave. Corp., appellant, et al.,
defendants.
(Index No. 12657/02)

DECISION & ORDER ON MOTION

Motion by the respondent 17 S. Fulton, Inc., on an appeal from an order of the Supreme Court, Westchester County, entered September 18, 2003, in effect, to strike portions of the appellant's appendix on the ground that it contains matter dehors the record, to direct the appellant to serve and file a supplemental appendix containing certain material, to strike the appellant's brief on the ground that it does not contain references to the appendix, and to enlarge the time of all the respondents to serve and file their respective briefs.

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

ORDERED that the matter is remitted to the Supreme Court, Westchester County, to hear and report on the issue of whether it considered (1) the reply affirmation of Joseph R. Daniels dated May 25, 2003, and the accompanying exhibits, or (2) the affidavit of Thorton J. Meacham, Jr., dated May 24, 2003, the affidavit of Wayne Charles dated May 21, 2003, and the affidavit of Gwen Lyons dated May 23, 2003, attached to the instant motion papers as Exhibit E, in rendering the order entered September 18, 2003, and the motion is held in abeyance in the interim. The Supreme Court, Westchester County, shall file its report with all convenient speed.

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10333

M/nal

2003-10159, 2003-10160
Susan Smulczeski, appellant,
v Richard Smulczeski, respondent.
(Index No. 26989/00)

SCHEDULING ORDER

Appeals by Susan Smulczeski from a judgment and an order of the Supreme Court, Suffolk County, both dated October 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 12, 2004. 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.

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Appellate Division: Second Judicial Department

M10431

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-09064
Toni Wright, etc., respondent,
v Evanston Insurance Company, appellant,
et al., defendants.

(Index No. 4830/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 12, 2003.

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

ORDERED that the motion is denied.

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10460

O/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-08971, 2004-02751
Yorktown 202 Realty Associates, Limited
Partnership, appellant, v Natick Yorktown
Realty Corp., et al., respondents.
(Index No. 4585/98)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered August 22, 2003, and March 18, 2004, respectively, inter alia, to stay any further discovery by the respondents in the above-entitled action pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.

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., SMITH, H. MILLER and GOLDSTEIN, 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

M10457

E/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2004-03036
In the Matter of Luis A. (Anonymous), respondent.
Pilgrim Psychiatric Center, appellant.
(Index No. 6868/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated April 6, 2004, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted and enforcement of the order dated April 6, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 24, 2004; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 24, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10335

M/nal

2003-08887, 2003-08890,
2003-08891, 2003-08893
In the Matter of Jordan Amir B. (Anonymous).
Westchester County Department of Social Services,
respondent; Larkeia B. (Anonymous), appellant.
(Proceeding No. 1)
(Docket No. B-114/02)
In the Matter of Lafvorne Levi B. (Anonymous).
Westchester County Department of Social Services,
respondent; Larkeia B. (Anonymous), appellant.
(Proceeding No. 2)
(Docket No. B-136-01)
In the Matter of Tamell Rashod B. (Anonymous).
Westchester County Department of Social Services,
respondent; Larkeia B. (Anonymous), appellant.
(Proceeding No. 3)
(Docket No. B-136-01)
In the Matter of Lashawn Tajuana McL. (Anonymous).
Westchester County Department of Social Services,
respondent; Larkeia B. (Anonymous), appellant.
(Proceeding No. 4)
(Docket No. B-135-01)

SCHEDULING ORDER

Appeals by Larkeia B. from four orders of the Family Court, Westchester County, all dated August 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on

April 9, 2004. 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

M10349

M/nal

2004-03128, 2004-03130
In the Matter of Susan B. (Anonymous).
Nassau County Department of Social Services,
respondent; Janina B. (Anonymous), appellant.
(Docket No. B-90049/01)

SCHEDULING ORDER

Appeals by Janina B. from two orders of the Family Court, Nassau County, both dated March 10, 2004. 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 of the Family Court proceedings to be transcribed for the appeals; or

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

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered 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 appeals, a motion in this court for leave to prosecute the appeals 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 appeals; 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 appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

M10355

M/nal

2004-02662
In the Matter of Takylia B. (Anonymous).
Administration for Children's Services, et al.,
petitioners-respondents; Kimberly B. (Anonymous),
respondent-respondent; Monica Drinane, etc., et al.,
non-party-appellant; Doreather B. (Anonymous),
intervenor-appellant.
(Docket No. B-09162/02)

SCHEDULING ORDER

Appeal by Doreather B. from an order of the Family Court, Kings County, dated March 8, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

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

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

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

(4) if the appellant is indigent, 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 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

M10478

S/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

SONDRA MILLER

STEPHEN G. CRANE, JJ.

2004-01736

In the Matter of Albert DeSousa, appellant,
Department of Social Services, o/b/o Susan
DeSousa, et al., respondents.
(Docket No. F-00415-80/03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated January 28, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), the appellant's time to comply with the scheduling order dated March 10, 2004, issued in the above entitled appeal is enlarged until May 10, 2004.

RITTER, J.P., ALTMAN, S. MILLER and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10375

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2004-03321
In the Matter of Anthony G. (Anonymous), Jr.
Administration for Children's Services, et al.,
petitioners-respondents; Luz S. (Anonymous),
appellant, et al., respondent.
(Docket No. B-1880/02)

SCHEDULING ORDER

Appeal by Luz S. from an order of the Family Court, Kings County, dated March 26, 2004. 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M10337

M/nal

2003-05528, 2003-05552
In the Matter of Felicia A. Henry, appellant,
v Andrew A. Skratt, respondent.
(Docket No. O-14090-03)

SCHEDULING ORDER

Appeals by Felicia A. Henry from two orders of the Family Court, Kings County, dated May 20, 2003, and June 3, 2003, respectively. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until April 30, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10372

M/nal

2004-03255
In the Matter of Ruby Morgan, appellant,
v Moses King, respondent.

(Docket No. U-18391/98)

SCHEDULING ORDER

Appeal by Ruby Morgan from an order of the Family Court, Kings County, dated March 4, 2004. 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

M10370

M/nal

2004-02595, 2004-02618
In the Matter of John N. (Anonymous), Jr.
Administration for Children's Services, respondent;
John N. (Anonymous), Sr., et al., appellants.
In the Matter of Rahjeen N. (Anonymous).
Administration for Children's Services, respondent;
John N. (Anonymous), Sr., et al., appellants.
In the Matter of Angel N. (Anonymous).
Administration for Children's Services, respondent;
John N. (Anonymous), Sr., et al., appellants.
(Docket Nos. N-25040/02, N-25041/02, N-25042/02)

SCHEDULING ORDER

Appeals by Monique D. from two orders of the Family Court, Kings County, both dated March 5, 2004. 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 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 appeals; or

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

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

(5) an affidavit or an affirmation withdrawing the appeals; 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

M10411

M/nal

2003-04280
In the Matter of Elaine Powell, respondent,
v Kenneth Lewis, appellant.
(Docket No. F-365-00)

SCHEDULING ORDER

Appeal by Kenneth Lewis from an order of the Family Court, Kings County, dated April 15, 2003. The transcripts in the above-entitled appeal were received by the appellant in January 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that on or before May 10, 2004, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that counsel for the appellant is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, on or before that date; and it is further,

ORDERED that if the appeal has not been perfected or withdrawn on or before May 10, 2004, 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

M10344

M/nal

2004-03049
In the Matter of R.R., appellant,
v Y.R., respondent.
(Docket No. V-01219/99)

SCHEDULING ORDER

Appeal by R.R. from an order of the Family Court, Queens County, dated March 8, 2004. 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

M10458

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-11324
In the Matter of Gerard Richardson, appellant,
v Jocelyn Domingo, respondent.
(Docket No. V-5145/01)

DECISION & ORDER ON MOTION

Appeal by Gerard Richardson from an order of the Family Court, Queens County, dated November 21, 2003. By order to show cause dated March 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 9, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.

Upon the papers filed in support of the application and the papers filed in response to the order to show cause, it is

ORDERED that the application is granted and the appeal is marked as withdrawn; and it is further,

ORDERED that the order to show cause is denied as academic.

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, 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

M10366

M/nal

2004-03065, 2004-03068
In the Matter of Pedro L. Rivera, respondent,
v Marcia Quinones-Rivera, appellant.
(Docket No. O-2140-04)

SCHEDULING ORDER

Appeals by Marcia Quinones-Rivera from two orders of the Family Court, Queens County, both dated March 12, 2004. 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 appeals; or

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

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

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk 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

M10468

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-01814
In the Matter of Shannon.
Angelo A. (Anonymous), appellant;
Laurie L. (Anonymous), et al., respondents.
(Docket No. A-440-02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 6, 2004, in the above-entitled matter is amended by deleting from the second paragraph thereof the words "no papers having been filed in response", and substituting therefor the words "the papers filed in response".

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10471

S/sl

2003-10250
In the Matter of TMG Services, Inc., d/b/a
A-1 Baldwin Transmissions & Engine,
petitioner, v State of New York Department
of Motor Vehicles, respondent.
(Index No. 2004/03)

ORDER ON APPLICATION

Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Nassau County, dated September 2, 2003.

ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until May 11, 2004, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M10459

R/sl

DAVID S. RITTER, J.P.

NANCY E. SMITH

HOWARD MILLER

GLORIA GOLDSTEIN, JJ.

2003-08799

In the Matter of Town of Eastchester, et al.,
petitioners, v New York State Board of Real
Property Services, respondent.

DECISION & ORDER ON MOTION
Enlarge Time - File Answer

Motion by the respondent to enlarge the time to serve and file its answer in the above-entitled proceeding pursuant to CPLR article 78 pending in this court.

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 an answer is enlarged until May 7, 2004, and the respondent's answer must be served and filed on or before that date.

RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, 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

M10373

M/nal

2004-03019
In the Matter of Westchester County Department
of Social Services, o/b/o Lisa A. Sammons,
respondent, v Gregory Andrew Mordas, appellant.
(Docket No. F-04772-03)

SCHEDULING ORDER

Appeal by Gregory Andrew Mordas from an order of the Family Court, Westchester County, dated March 24, 2004. 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,

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 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

M10484

S/sl

DAVID S. RITTER, J.P.

MYRIAM J. ALTMAN

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE, JJ.

2003-02096
In the Matter of DeAndre Williams, a/k/a,
David Williams, petitioner, v Westchester
County Court, et al., respondents.

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 13, 2003, in the above-entitled matter is amended by (1) adding to the preamble thereof the following sentence: "Motion by the respondents to dismiss the proceeding .", and (2) adding after the second decretal paragraph the following third decretal paragraph: "ORDERED that the motion to dismiss the proceeding is held in abeyance in the interim."

RITTER, J.P., ALTMAN, KRAUSMAN and CRANE, 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

M10469

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-10472
The People, etc., respondent,
v Frank Bennett, appellant.
(Ind. No. 03-00151)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Rockland County, rendered October 21, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, 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

M10362

S/sl

DAVID S. RITTER, J.

1998-06542
The People, etc., respondent,
v David Brooks, a/k/a Theo Ames, appellant.
(Ind. No. 2273/96)

DECISION & ORDER ON MOTION

Motion by the appellant, pursuant to CPL 460.20, for a certificate granting leave to appeal to the Court of Appeals from a decision and order of this court, dated March 5, 2001, which affirmed a judgment of the Supreme Court, Queens County, rendered May 12, 1998.

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

ORDERED that the motion is denied.

DAVID S. RITTER

Associate Justice

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

Appellate Division: Second Judicial Department

M10348

SONDRA MILLER, J.

2004-01846
The People, etc., plaintiff,
v Fred Brown, defendant.
(Ind. No. 2217/96)

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, Queens County, dated January 15, 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.

SONDRA MILLER

Associate Justice

Go to Top. SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M10350

SONDRA MILLER, J.

2004-01903
The People, etc., plaintiff,
v Darrell Spragion, defendant.
(Ind. No. 9221/98)

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 January 13, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

SONDRA MILLER

Associate Justice

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

Appellate Division: Second Judicial Department

M10192

S/sl

WILLIAM F. MASTRO, J.

2004-02526
The People, etc., respondent,
v Frederick Thomas, appellant.
(Ind. No. 2516/02)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Suffolk County, rendered March 10, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.

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

ORDERED that the motion is denied.

WILLIAM F. MASTRO

Associate Justice

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Appellate Division: Second Judicial Department

M10351

SONDRA MILLER, J.

2004-01825
The People, etc., plaintiff,
v Joseph Thomas, defendant.
(Ind. No. 5876/84)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 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.

SONDRA MILLER

Associate Justice

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

Appellate Division: Second Judicial DepartmentM10472

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-02077

The People, etc., plaintiff,
v Frank Thon, defendant.

(Ind. No. 03-00029)

DECISION & ORDER ON MOTION
Motion for Leave to Serve
Late Notice of Appeal, for Poor
Person Relief & to Assign
Counsel - Appeal from Judgment

Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered December 11, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03 A 6611

Sing Sing Correctional Facility

354 Hunter Street

Ossining, New York 10562

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

Appellate Division: Second Judicial Department

M10470

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2004-02076
The People, etc., respondent,
v Jomo Williams, appellant.
(Ind. No. 02-01154)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered November 26, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, 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

M10346

BARRY A. COZIER, J.

2004-00715
The People, etc., plaintiff,
v Nicholas Zimmerman, defendant.
(Ind. No. 3296/98)

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 September 24, 2003, 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