Appellate Division: Second Judicial Department
M24297
S/sl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
STEVEN W. FISHER, JJ.
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2004-05490
Shaikh Ali, respondent, v Carlos Vasquez, et al., appellants. (Index No. 31201/99)
| DECISION & 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 May 7, 2004.
Upon the papers filed in support of the application and upon the stipulation of the parties, it is
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 22, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellants' reply brief, if any, shall be served and filed on or before May 2, 2005.
KRAUSMAN, J.P., CRANE, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24240
PL/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-10522 Folashade Boakye-Yiadom, respondent, v Anthony Boakye-Yiadom, appellant. (Index No. 201167/03)
| DECISION ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Nassau County, dated November 1, 2004.
Upon the papers filed on support of the application and no papers having been filed in opposition, there to it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24355
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-03740
Paul Cahill, etc., appellant, v County of Nassau, et al., respondents.
(Index No. 7721/02)
| DECISION & 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 March 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is denied in light of the determination of the appeal (see Cahill v Nassau, ______ AD3d _____ [2d Dept., Apr. 18, 2005]).
RITTER, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24303
CF/
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2004-06173 Michael Carey, et al., respondents, v City of New York, et al., appellants. (Index No. 47712/01)
| 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, Kings County, dated May 3, 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
M24316
A/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2003-06612 Frances Dobin, etc., et al., respondents, v Town of Islip, et al., appellants, et al., defendant (and a third-party action). (Index No. 26755/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant Town of Islip for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated June 17, 2003, which was determined by decision and order of this court dated October 18, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., ADAMS, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24359
O/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-11400 Maureen Dunleavy, appellant-respondent, v Hilton Hall Apartments Co., LLC, et al., respondents-appellants. (Index No. 3797/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants to resettle a decision and order of this court dated January 10, 2005, which determined an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated November 15, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24291
CF/
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2004-10922 Eastern Savings Bank, FSB, plaintiff-respondent, v Barbara Marvin, a/k/a Barbara Scolaro, defendant-appellant, Rosecliff Homeowners Association, Inc., et al., respondents. (Index No. 18934/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 26, 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
M24205
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-04073 Michael Esposito, appellant, v SPA Nightclub, et al., respondents, et al., defendant. (Index No. 9039/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered April 28, 2004, on the ground, among others, that the appellant failed to properly perfect the appeal in accordance with CPLR 5526.
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 dismiss the appeal on the ground that the appellant failed to properly perfect the appeal in accordance with CPLR 5526 is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
COZIER, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24294
Y/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02985 Stephen J. Gagliano, appellant, v County of Nassau, et al., respondents. (Index No. 6453/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated February 6, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 23, 2005, and the record or appendix on the appeal and the appellant'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
M24331
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2003-11096, 2004-04943 Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to amend its appendix on appeals from an order of the Supreme Court, Kings County, dated October 22, 2003, and a judgment of the same court, dated November 13, 2003, separate motion by the respondent to dismiss the appeal for failure to properly perfect the appeal in accordance with a decision and order of this court dated February 23, 2005, or, in the alternative, to strike the appellant's brief, appendix, and supplemental appendix, for sanctions and an attorney's fee, and to enlarge the time to serve and file a brief, and application by the appellant for costs and sanctions against the respondent.
Upon the papers filed in support of the motions, and application, and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is denied; and it is further,
ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 23, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent's motion is otherwise denied; and it is further,
ORDERED that the application is denied without prejudice to making a motion for the same relief (see CPLR 8022[b]).
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24325
C/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-06415 Ranjit Singh Gill, appellant, v Bowne Global Solutions, Inc., etc., respondent. (Index No. 7047/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated May 28, 2003, which was determined by decision and order of this court dated June 7, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., SANTUCCI, LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24317
A/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-08756 Goldsmith Motors Corp., respondent, v Chemical Bank, appellant. (Index No. 16310/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated June 28, 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.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24287
CF/
|
2004-07582 Gifton Grandison, respondent, v City of New York Triborough Bridge and Tunnel Authority, et al., defendants, Vincent Gucliucc, appellant. (Index No. 21106/03)
| 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 May 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
M24302
CF/
|
2004-03418 Bhardwaaj Harripersaud, appellant, v D. J. Air Services, Inc., et al., respondents. (Index No. 18872/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, dated March 4, 2004.
Upon the stipulation of the parties, dated March 17, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24311
S/sl
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2004-09558
Yvonne Hayes, appellant, v Nachelle Wilson, et al., respondents. (Index No. 12825/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated August 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 17, 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
M24286
PL/sl
|
2004-09545
Holy Name of Jesus Roman Catholic Church, respondent, v New York City Transit Authority, et al., appellant. (Index No. 14223/00)
| 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 10, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 23, 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
M24292
CF/
|
2005-01545 Steven Horn, appellant, v Laura Horn, respondent. (Index No. 9979/00)
| 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 February 16, 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
M24301
S/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2003-04069 Robert Hothan, respondent, v Metropolitan Suburban Bus Authority, et al., appellants. (Index No. 352/95)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 7, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered April 11, 2003, which was determined by decision and order of this court dated January 24, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order dated January 24, 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, with $100 costs.
KRAUSMAN, J.P., GOLDSTEIN, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24284
CF/
|
2004-10502 Theresa H. Isser, respondent, v Daniel C. Isser, appellant. (Index No. 3990/04)
| 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 November 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
M24318
S/sl
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2004-07840
Maria Korotun, et al., appellants, v Incorporated Village of Bayville, etc., et al., respondents. (Index No. 3134/02)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated April 13, 2005, in the above-entitled case is amended by deleting from the decretal paragraph thereof the date "May 9, 2005," and substituting therefor the date "June 8, 2005,".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24344
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-08742 Julie Levine, respondent, v Robert Levine, appellant.
(Index No. 9938/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered September 14, 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 the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24300
CF/
|
2004-09814 Christopher R. Lonner, appellant, v Simon Property Group, Inc., respondent. (Index No. 2246/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 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
M24288
CF/
|
2005-01242 Susan Jean Mason, appellant-respondent, v William Mason, respondent-appellant. (Index No. 203130/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 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 of the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24324
PL/sl
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2004-05235 Midlantic Commercial Leasing Corp., respondent, v Isaac Levin, appellant. (Index No. 4034/88)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated May 24, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 24, 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
M24313
S/sl
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2005-00437
Viola Morning, et al., respondents, v Riverhead Central School District, et al., appellants. (Index No. 7001/98)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 24, 2004.
ORDERED that the application is granted and the respondents' brief which has been submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the appellants' reply brief, if any, shall be served and filed on May 2, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24357
O/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-03954, 2004-09429 NYCTL 1997-1 Trust, etc., plaintiff-respondent, v Gerard T. Goonan, appellant, et al., defendants. (Index No. 10718/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a judgment of the Supreme Court, Queens County, dated September 2, 2003, and an order of the same court dated November 29, 2004, to recall and vacate a decision and order of this court dated February 3, 2005, which dismissed the appeals for failure to perfect in accordance with a prior decision and order on motion of this court dated November 29, 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., SANTUCCI, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24299
CF/
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2004-06536 New York City Transit Authority, appellant, v United States Fire Insurance Company, et al., respondents (and third and fourth party actions). (Index No. 47798/99)
| 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 April 5, 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
M24340
Y/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2003-03294 Estrella Ocasio, respondent-appellant, v Panagiota Zorbas, etc., appellant-respondent. (Index No. 14815/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated January 10, 2005, which determined an appeal and cross appeal from a judgment of the Supreme Court, Queens County, dated March 19, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24314
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-00633 David Pambianchi, appellant, v Jayne Goldberg, respondent. (Index No. 15375/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated November 23, 2004, as a poor person, to waive the filing fee, and for free transcripts.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., GOLDSTEIN, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24285
CF/
|
2005-00436 Clifford Rotunno, et al., appellants, v Gruhill Construction Corp., et al., respondents. (Index No. 7665/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 7, 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
M24320
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2002-00131 Frederick Siemon, appellant, v Kristen Useted, respondent. (Index No. 5085/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated January 24, 2005, which denied his motion, inter alia, pursuant to CPLR 5015(c) to vacate a decision and order on motion of this court dated September 13, 2004, which dismissed the appeal. Application by the respondent to prohibit further motion practice by the appellant pro se.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is denied.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24290
CF/
|
2004-08339 Thomas Slater, respondent, v Mark Schulam, appellant. (Index No. 2020/03)
| 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 6, 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
M24312
S/sl
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2004-09128
Monica Springer, appellant, v Lynton Arthurs, et al., respondents. (Index No. 4322/01)
| 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, Kings County, dated August 31, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until April 25, 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
M24356
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-05692 Rubin Sterngass, appellant, v Town Board of the Town of Clarkstown, et al., respondents. (Index No. 7695/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Rockland County, dated May 26, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on 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 motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's appendix is stricken, and on or before May 13, 2005, the appellant shall remove the appendix from the copies of the appendix and brief on file with this court, or file a new copy of the brief previously filed with this court, without the appendix; and it is further,
ORDERED that the appeal will proceed on the appendix filed by the respondents.
COZIER, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24305
CF/
|
2005-02935 In the Matter of Rashawn H. (Anonymous), appellant. (Docket No. D-16651-04)
| 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 24, 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
M24346
J/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2005-00609 In the Matter of Lori Hyman, respondent, v Paul Castagnini, appellant. (Docket Nos. V-17287-02, V-20398-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 8, 2005, in the above-entitled matter is amended by deleting from third decretal paragraph thereof the name "Pauline E. Brown, Esq.", and substituting therefor the name "Pauline E. Braun, Esq."; and it is further,
ORDERED that its scheduling order dated April 13, 2005, in the above-entitled matter is amended by deleting from the preamble thereof the name "Pauline E. Brown, Esq.", and substituting therefor the name "Pauline E. Braun, Esq.".
H. MILLER, J.P., KRAUSMAN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24368
S/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
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2005-00060 In the Matter of Clarence Norman, Jr., petitioner, v Charles J. Hynes, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner to stay the trial in a criminal action entitled People v Norman, pending in the Supreme Court, Kings County, under Indictment No. 5617/03, pending determination of the above-entitled proceeding pursuant to CPLR article 78.
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 the trial in the action entitled People v Norman, pending in the Supreme Court, Kings County, under Indictment No. 5617/03, is stayed pending determination of the above-entitled proceeding pursuant to CPLR article 78.
ADAMS, J.P., S. MILLER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24361
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-00934 In the Matter of Nathan Samuel, petitioner, v New York State Office of Temporary and Disability Assistance, et al., respondents. (Index No. 113561/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to the Court of Appeals from a decision and order of this court, dated February 7, 2005, which dismissed a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Kings County, dated January 7, 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.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24315
Y/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-05173 In the Matter of David Wissink, respondent, v Jane Wissink, appellant. (Docket No. O-691/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Family Court, Orange County, dated May 9, 2003, which was determined by decision and order of this court dated December 13, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24289
CF/
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2004-08265 The People, etc., respondent, v Danny Brown, appellant. (Index No. 603/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Orange County, rendered September 16, 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
M24326
PL/sl
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2003-02737
The People, etc., respondent, v Nelson Cruz, appellant. (Ind. No. 3669/98)
| 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 Supreme Court, Kings County dated March 5, 2003.
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
M24310
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2002-05412 The People, etc., respondent, v Stephen Hargroves, a/k/a Stephon Hargroves, appellant. (Ind. No. 2181/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered June 10, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until June 21, 2005.
COZIER, J.P., RITTER, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24366
S/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-04314, 2003-08947, 2004-08934
The People, etc., respondent, v Angel Maldonado, appellant. (Ind. Nos. 2340-99, 891-01)
| DECISION & ORDER ON APPLICATION |
Application by the appellant on appeals from two judgments of the County Court, Suffolk County both rendered April 25, 2003, and an appeal from an order of the same court dated August 24, 2004, to recall and vacate so much of a decision and order on motion of this court dated March 2, 2005, as directed that the appeals would be calendared together, and to calendar the appeals from the judgments separately.
Upon the papers filed in support of the application and no papers having been filed in relation thereto, it is
ORDERED that the application is granted and the appeals from the judgments (Appellate Division Docket Nos. 2003-04314 and 2003-08947) shall be calendared when all briefs are filed.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24323
PL/sl
|
2003-05509
The People, etc., respondent, v David Marcus, appellant. (Ind. No. 6553/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 16, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 10, 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
M24306
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2002-05698 The People, etc., respondent, v Peter McGrath, appellant.
(Ind. No. 01/00548)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered June 20, 2002, for leave to reargue a motion for leave to serve and file an addendum to his supplemental brief.
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 upon reargument, it is
ORDERED that the motion for leave to serve and file an addendum to the supplemental brief is granted to the extent that the reference to page 109 of the trial transcript on page 13 of the supplemental brief and the reference to page 875 of the trial transcript on page 17 of the supplemental brief are deemed corrected to reference page 190 and page 857, respectively, and the motion is otherwise denied.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24309
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-01006 The People, etc., respondent, v Nelson Nieves, appellant.
(Ind. No. 8703/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 26, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until May 27, 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
M24319
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2002-10945 The People, etc., respondent, v Robert A. WIlliams, appellant. (Ind. No. 02-00330)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Orange County, rendered August 28, 2002, which was determined by decision and order of this court dated January 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.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court