Appellate Division: Second Judicial Department
M10423
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
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2004-02937 Norman Annexstein, et al., respondents, v Gerald M. Cotter, et al., appellants. (Index No. 8782/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated March 23, 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 trial in the above-entitled action 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 respondents may move to vacate the stay, on three days notice.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10412
O/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-02857 Gloria Berzon, respondent, v D'Agostino Supermarkets, Inc., appellant. (Index No. 8456/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered February 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 21, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 21, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10486
S/sl
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2003-06807, 2003-06810
Anthony Del Maestro, et al., appellants, v Michael Grecco, etc., et al., respondents. (Index No. 13625/97)
| 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 appeals from two orders of the Supreme Court, Richmond County, dated June 23, 2003, and July 15, 2003, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 1, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10548
E/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-03045 Diana Errico, plaintiff, v Matilda Gupta, et al., defendants. (Index No. 11419/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant Matilda Gupta for leave to appeal to this court from an order of the Supreme Court, Nassau County, entered April 7, 2004, and to stay enforcement of the order pending hearing and determination of the appeal.
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 for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10495
C/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-05573 Jeffrey A. Gross, appellant, v Deborah Gross, respondent. (Index No. 11520)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, in effect, to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated June 10, 2003, on the grounds that the record is inadequate and the appeal is without merit, or, in the alternative, to direct the appellant to serve and file a supplemental record on appeal and to enlarge the time to serve and file a brief. Application by the appellant for costs on the motion and the imposition of a sanction.
Upon the papers filed in support of the motion and application 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 record is inadequate is denied on condition that on or before May 24, 2004, the appellant (1) deletes or removes page 399 from all of the copies of the record on appeal on file with this court, and (2) serves and files a supplemental record on appeal containing (a) the appellant's pay stub dated March 28, 2002, annexed to the motion papers as Exhibit D, (b) the exhibits to the appellant's affidavit in support of the motion dated January 17, 2003, annexed to the motion papers as Exhibit H, (c) the exhibits to the appellant's affidavit in opposition to the cross motion and in further support of the motion dated February 27, 2003, annexed to the motion papers as Exhibit J, and (d) the lease for the apartment occupied by the appellant annexed to the motion papers as Exhibit K; and it is further,
ORDERED that on the court's own motion, on or before May 24, 2004, the appellant shall (1) delete or remove from all of the covers of the copies of the record on appeal and the appellant's brief on file with this court and from all copies of the statement pursuant to CPLR 5531 in the briefs, Appellate Division Docket Number "2003-05574," and substitute therefor Appellate Division Docket Number "2003-05573," and (2) include, in the above-mentioned supplemental record on appeal a signed copy of the order and judgment (one paper) of the Supreme Court, Westchester County, dated June 10, 2003; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent shall serve and file a brief on or before June 28, 2004; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is dismissed without prejudice to the appellant making a formal motion for the same relief (see CPLR 8022[b]).
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10582
J/sl
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2003-07726
Allen Guippone, et al., respondents, v Florence Gaias, appellant.
(Index No. 11769/02)
| 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, Suffolk County, dated July 11, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10540
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
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2003-02257 Katina, Inc., et al., appellants, v Town of Hempstead, et al., respondents (Index No. 31967/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to supplement the record on an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2003, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to supplement the record is denied; and it is further,
ORDERED that the branch of the motion to enlarge the time to serve and file a reply brief is granted and the appellants shall serve and file their reply brief on or before May 4, 2004.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10552
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-10132, 2003-10747 Robert Madir, plaintiff-respondent, v 21-23 Maiden Lane Realty, LLC, et al., respondents-appellants, Molten Metal, Inc., appellant-respondent, et al., defendants. (Index No. 14676/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated September 8, 2003, and September 29, 2003, respectively. Cross motion by the respondents-appellants to stay the jury selection and the trial, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and cross motion and the papers filed in relation thereto, it is
ORDERED that the motion, and that branch of the cross motion which was for a stay are granted, and the jury selection and trial in the above-entitled action are stayed pending hearing and determination of the appeals; and it is further,
ORDERED that the cross motion is otherwise denied.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10578
J/sl
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2003-07062
Peter Marren, et al., appellants, v William Ludlam, et al., respondents.
(Index No. 25973/99)
| ORDER ON APPLICATION |
Application by the appellants 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, Suffolk County, dated July 21, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10554
R/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
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2003-08359, 2004-02753 Kevin McDonagh, etc., et al., v Richard McDonagh, et al., appellants.
(Ind. No. 20182/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Queens County, dated August 12, 2003, and February 23, 2004, respectively, and to enlarge time to perfect the appeal from the order dated August 12, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the branch of the motion which is to enlarge time to perfect the appeal from the order dated August 12, 2003, is granted; and it is further,
ORDERED that the appellants' time to perfect that appeal by serving and filing a record or appendix on appeal and their brief is enlarged up to and including June 7, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10521
S/sl
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2003-07880, 2004-01035
Antonia Rios, et al., respondents, v Johnson V.B.C., respondent-appellant, Nadel Industries, appellant-respondent. (Index No. 4863/98)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two judgments of the Supreme Court, Westchester County, dated July 23, 2003, and October 15, 2003, respectively.
ORDERED that the application is granted and the respondent-appellant's time to serve and file it's answering brief, including its arguments on its cross appeals (see 22 NYCRR 670.8[c][3]), is enlarged until May 20, 2004, and the respondent-appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents shall serve and file their brief on or before June 25, 2004; and it is further,
ORDERED that the appellant-respondent shall serve and file its reply brief on or before July 30, 2004; and it is further,
ORDERED that the respondent-appellant shall serve and file its reply brief on or before August 16, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10539
R/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02739 Geraldine Romano, etc., et al., respondents, v Frances Romano, et al., appellants.
(Index No. 2934/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants Frances Romano and Louis Romano 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 February 17, 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.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10197
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
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2003-02684 Britt Alexis Russ, plaintiff-respondent, v Investech Securities, Inc., et al., defendants- respondents, Mohammad Qari Zubair, appellant. (Index No. 1435/00)
| 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, Kings County, dated February 19, 2003.
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 as academic in light of the determination of the appeal (see Russ v Investech Securities, ___________AD3d___________ [Apr. 19, 2004]).
FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10467
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2004-01332 Dale Rebecca Schiffer, respondent, v Todd Jay Schiffer, appellant, et al., defendants.
(Index No. 2795/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated January 28, 2004, in effect, to modify a decision and order on motion of this court dated March 4, 2004, to provide that enforcement of so much of the judgment as awarded the respondent an attorney's fee is stayed in the entire amount of $ 145,000 pending hearing and determination of the appeal.
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, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10500
M/nal
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2003-08618
In the Matter of Tracey Ann A. (Anonymous). Administration for Children's Services, respondent; Hubert E. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-00401/02) In the Matter of Kerri Ann E. (Anonymous). Administration for Children's Services, respondent; Hubert E. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-00402/02)
| SCHEDULING ORDER |
Appeal by Hubert E. from an order of the Family Court, Kings County, dated September 17, 2003. 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 20, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10568
O/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
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2003-10981 In the Matter of Catherine A.-Y. (Anonymous). Suffolk County Department of Social Services, respondent; Kenneth Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Anthony A.-Y. (Anonymous). Suffolk County Department of Social Services, respondent; Kenneth Y. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Alexander A.-Y. (Anonymous). Suffolk County Department of Social Services, respondent; Kenneth Y. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Elizabeth A.-Y. (Anonymous). Suffolk County Department of Social Services, respondent; Kenneth Y. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-363-03, N-364-03, N-365-03, N-366-03)
| DECISION & ORDER ON MOTION |
Appeal by Kenneth Y. from an order of the Family Court, Suffolk County, dated November 12, 2003. By order to show cause dated March 31, 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 the scheduling order dated January 6, 2004, issued pursuant to 22 NYCRR 670.4(a).
Motion by assigned counsel to be relieved from representing the appellant.
Upon the papers filed in support of the motion and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 6, 2004 (see 22 NYCRR 670.4[a][5]); and it is further,
ORDERED that the motion is granted.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10389
A/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-00373 In the Matter of Stuart Ain, appellant, v Beverly Ain, respondent. (Docket No. F-10899/02)
| DECISION & ORDER ON MOTION |
Appeal by Stuart Ain from an order of the Family Court, Nassau County, dated December 4, 2003. By order to show cause dated March 8, 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 20, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.
Now, on the court's own motion and upon the papers filed in support of the application, and no other papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the order to show cause is denied as academic.
RITTER, J.P., H. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10534
M/nal
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2004-01742
In the Matter of Anastasia B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-17178-97) In the Matter of Maximillian B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-17179-97)
| ORDER TO SHOW CAUSE |
Appeal by Constantin B. from an order of the Family Court, Queens County, dated January 26, 2004. By scheduling order dated March 10, 2004, 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 proceedings for failure to comply with the scheduling order dated March 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 10, 2004; 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
M10518
M/nal
|
2004-00548 In the Matter of Theresa Carbone, respondent, v Frank Conti, appellant. (Docket No. F-00426/02)
| SCHEDULING ORDER |
Appeal by Frank Conti from an order of the Family Court, Richmond County, dated December 18, 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 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.
Appellate Division: Second Judicial Department
M10522
M/nal
|
2003-08091
In the Matter of Mary Carroll, respondent, v Ron Scott, appellant. (Docket No. F-05459/02)
| SCHEDULING ORDER |
Appeal by Ron Scott from an order of the Family Court, Queens County, dated August 26, 2003. 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 28, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10504
M/nal
|
2004-00068 In the Matter of Claude L. Charles, appellant, v Dario Charles, respondent. (Docket No. O-7491/03)
| SCHEDULING ORDER |
Appeal by Claude L. Charles from an order of the Family Court, Nassau County, dated November 24, 2003. By decision and order on motion of this court dated April 13, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Charles E. Holster, III, Esq.
100 E. Old Country Road, Suite 26
Mineola, New York 11501
(516) 747-2330
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated April 13, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M10511
M/nal
|
2003-09385 In the Matter of John Cichosz, appellant, v Teresa Cichosz, respondent. (Docket No. F-6406/02)
| SCHEDULING ORDER |
Appeal by John Cichosz from an order of the Family Court, Nassau County, dated September 24, 2003. 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 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10503
M/nal
|
2003-11208 In the Matter of Rosalie Dirma, respondent, v Walter Dirma, appellant. (Docket No. F-12605/03)
| SCHEDULING ORDER |
Appeal by Walter Dirma from an order of the Family Court, Suffolk County, dated November 18, 2003. By decision and order on motion of this court dated February 19, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. By decision and order dated April 19, 2004, the appellant's motion for leave to reargue was denied. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), it is
ORDERED that the appellant's time to comply with the scheduling order of this court dated February 27, 2004, is enlarged until May 17, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10546
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-11133, 2003-11134 In the Matter of Christopher Edwards, respondent, v Melania Rijfkogel, appellant. (Docket Nos. V-2172-02, V-2173-02, V-2440-02, V-2441-02, O-2171/02)
| DECISION & ORDER ON MOTION |
Appeals by Melania Rijfkogel from an order of the Family Court, Orange County, dated November 10, 2003. By order to show cause dated March 16, 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 in relation to the order to show cause, it is
ORDERED that the application is granted and appeal is deemed withdrawn without costs or disbursements; and it is further,
ORDERED that motion is denied as academic.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10514
M/nal
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2003-07278
In the Matter of John F. (Anonymous), appellant. (Docket No. D-16630-02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated July 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 16, 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 respondent's brief shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M10510
M/nal
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2003-01739, 2003-01742 In the Matter of Sandra C. Fischer-Holland, appellant, v Harold B. Walker, respondent. (Docket No. V-1149/01)
| SCHEDULING ORDER |
Appeals by Sandra C. Fischer-Holland from two orders of the Family Court, Rockland County, dated January 14, 2003, and February 4, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on April 16, 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.
Appellate Division: Second Judicial Department
M10520
M/nal
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2004-00159 In the Matter of John J. Fitapelli, respondent, v Wendy Fitapelli, appellant. (Docket Nos. V-1768/99, V-1769/99, V-1770/99)
| SCHEDULING ORDER |
Appeal by Wendy Fitapelli from an order of the Family Court, Nassau County, dated December 1, 2003. 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 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10512
M/nal
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2003-10141 In the Matter of Jose I. (Anonymous), Jr. Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-20947-00) In the Matter of Tiana E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-20948-00) In the Matter of Jessica E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-20949-00) In the Matter of Joseph N. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-20950-00) In the Matter of Deborah E. (Anonymous). Administration for Children's Services, respondent; Brenda E. (Anonymous), appellant. (Proceeding No. 5) (Docket No. N-20951-00)
| SCHEDULING ORDER |
Appeal by Brenda E. from an order of the Family Court, Kings County, dated October 9, 2003. By decision and order on motion of this court dated March 29, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Salvatore C. Adamo, Esq.
350 Fifth Avenue - Suite 3304
New York, New York 10118
(212) 964-7983
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated March 29, 2004, has been served upon the clerk of the court from which the appeal is taken, 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.
Appellate Division: Second Judicial Department
M10465
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2004-01210 In the Matter of Chris Jackson, petitioner, v Cornelia Robergeau, respondent. (Index No. 75828/01)
| DECISION & ORDER ON MOTION |
Motion by Cornelia Robergeau for leave to reargue a prior motion, inter alia, for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated December 9, 2003, which affirmed a judgment of the Civil Court, Kings County, entered April 25, 2002, which motion was determined by decision and order on motion of this court dated March 4, 2004, or in alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court, and to stay her eviction from the subject premises pending the hearing and determination of the appeal.
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.
RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10508
M/nal
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2002-10576, 2003-03942
In the Matter of Margaret Mateer, appellant-respondent, v Peter Field, respondent-appellant. (Docket No. U-46-02)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Family Court, Suffolk County, dated September 13, 2002, and separate appeal by Margaret Mateer from an order of the same court dated April 3, 2003. 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-respondent's time to serve and file a reply brief on the appeals is enlarged until May 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10516
M/nal
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2004-02468 In the Matter of Gary S. Mogel, respondent, v Amelia Mogel, appellant. (Docket No. O-9619-03 )
| SCHEDULING ORDER |
Appeal by Amelia Mogel, by permission, from an order of the Family Court, Nassau County, dated February 25, 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 and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial DepartmentM10388
A/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-09154 In the Matter of Cynthia Morales, respondent, v Juan Rodriguez, appellant. (Docket No. F-4369/02)
| DECISION & ORDER ON MOTION |
Appeal by Juan Rodriguez from an order of the Family Court, Queens County, dated July 16, 2003. By decision and order on motion dated January 16, 2004, that branch of the appellant's motion which was for leave to prosecute the appeal as a poor person was denied and the appellant was directed to perfect the appeal on or before February 25, 2004. By order to show cause dated March 10, 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 the appellant's failure to perfect the appeal on or before February 25, 2004 pursuant to the decision and order on motion dated January 16, 2004.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated January 16, 2004.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10464
M/nal
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2003-07836
In the Matter of Larry O. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; Larry O., Sr., (Anonymous), appellant, et al., respondent. (Docket Nos. N-1236-03, N-1240-03)
| SCHEDULING ORDER |
Appeal by Larry O., Sr., from an order of the Family Court, Suffolk County, dated July 24, 2003. By decision and order on motion of this court dated April 16, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Arza Rayches Feldman, Esq.
200 Rabro Drive
Hauppauge, New York 11788
(631) 272-5207
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated April 16, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M10477
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-02136
In the Matter of Racher P. (Anonymous), respondent, v Peter George A. (Anonymous), appellant. (Docket No. P-1128/03)
| 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, Kings County, dated February 6, 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 opposition or relation thereto, it is
ORDERED that the motion is denied with leave to renew on or before May 21, 2004, upon proper papers establishing that the appellant is entitled to poor person relief (see CPLR 1101).
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10515
M/nal
|
2003-07821, 2003-10992
In the Matter of Isabella Principato, et al., respondents, v Louis Lombardi, appellant. (Index No. 33504/02)
| SCHEDULING ORDER |
Appeals by Louis Lombardi from two orders of the Supreme Court, Kings County, dated July 24, 2003, and November 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 16, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M10566
PL/sl
|
2004-01837 In the Matter of Quadrozzi Equipment Leasing Corp., petitioner, v Raymond Martinez, respondent. (Index No. 16104/03)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Kings County, dated September 17, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 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
Appellate Division: Second Judicial Department
M10513
M/nal
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2004-00171
In the Matter of Joseph Scire, appellant, v Dorothy Simone, etc., et al., respondents. (Proceeding No. 1) (Docket No. V-10707-02) In the Matter of Dorothy Simone, etc., et al., respondents, v Joseph Scire, appellant. (Proceeding No. 2)
(Docket No. V-16732-02)
| ORDER TO SHOW CAUSE |
Appeal by Joseph Scire from an order of the Family Court, Suffolk County, dated December 1, 2003. By scheduling order dated January 12, 2004, 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 proceedings for failure to comply with the scheduling order dated January 12, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 6, 2004; 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
M10532
M/nal
|
2003-09155 In the Matter of Khierk T. (Anonymous). Child Development Support Corporation, respondent; Nabila T. (Anonymous), et al., appellants. (Docket No. B-3548/02)
| SCHEDULING ORDER |
Appeal by Macee P. from an order of the Family Court, Queens County, dated August 29, 2003. 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 June 14, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10537
M/nal
|
2004-01295
In the Matter of Viktorya Urovish, appellant, v Igor Krishtul, respondent. (Docket No. F-01851/98)
| ORDER TO SHOW CAUSE |
Appeal by Viktorya Urovish from an order of the Family Court, Kings County, dated January 16, 2004. By scheduling order dated March 9, 2004, 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 9, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 10, 2004; 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
M10535
M/nal
|
2004-00825, 2004-00852
In the Matter of Angellica V.-M. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Justin P. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Abraham C. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Trianna V. (Anonymous). Suffolk County Department of Social Services, petitioner- respondent; Tracey V. (Anonymous), respondent- respondent; Abraham C. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. N-15361/02, N-15364/02, N-15365/02, N-15366/02, N-15367/02, N-15368/02, N-15369/02, N-15370/02)
| ORDER TO SHOW CAUSE |
Appeals by the father Abraham C. from two orders of the Family Court, Suffolk County, both dated November 25, 2003. By scheduling order dated March 9, 2004, 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 appeals; 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 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; or
(5) an affidavit or an affirmation withdrawing the appeals.
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 appeals in the above-entitled proceedings for failure to comply with the scheduling order dated March 9, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 10, 2004; 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
M10565
O/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-03039 In the Matter of Westchester County Department of Social Services, o/b/o Melissa Boscia, appellant, v Robert W. Ross, respondent. (Docket No. F-04021-01)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from an order of the Family Court, Westchester County, dated April 8, 2004, and to stay enforcement of the order pending hearing and determination of the appeal.
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 for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is for a stay is granted to the extent that those portions of the order which directed the filing of the report for the genetic marker test results with the Family Court, Westchester County, and directed disclosure of the results to the parties are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 10, 2004, and that branch of the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 10, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10501
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-11436
In the Matter of Laurel Whyte, appellant, v Patricia Inniss, respondent. (Docket No. P-03984/03)
| DECISION & ORDER ON MOTION |
Appeal by Laurel Whyte from an order of the Family Court, Kings County, dated October 20, 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).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 9, 2004 (see 22 NYCRR 670.4[5]).
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10483
S/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2003-07393 In the Matter of DeAndre Williams, a/k/a David Williams, petitioner, v Barbara G. Zambelli, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated October 16, 2003, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated October 16, 2003, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10506
M/nal
|
2003-05173
In the Matter of David Wissink, respondent, v Jane Wissink, appellant. (Docket No. V-691/03)
| SCHEDULING ORDER |
Appeal by Jane Wissink from an order of the Family Court, Orange County, dated May 9, 2003. By decision and order on motion of this court dated April 16, 2004, the following named attorney was assigned to prosecute the appeal:
Gary Eisenberg, Esq.
129 Brooks Ave
Monroe, New York 10950
(914) 782-6715
The transcript was received on or about March 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that within 60 days of the date of this order, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that assigned counsel is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M10533
M/nal
|
2004-01735
In the Matter of James Yutesler, appellant, v Lois Parsons, respondent. (Docket No. V-14964/02)
| ORDER TO SHOW CAUSE |
Appeal by James Yutesler from an order of the Family Court, Suffolk County, dated January 20, 2004. By scheduling order dated March 10, 2004, 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 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 10, 2004; 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
M10456
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MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
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2002-10691
The People, etc., respondent, v Carlos Celleri, a/k/a Celleriegas, appellant.
(Ind. No. 2723-01)
| DECISION & ORDER ON MOTION |
Motion by Mark McBride, an attorney in good standing in the State of California, to be admitted pro hac vice to represent the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered October 21, 2002, to be substituted as counsel for the appellant, and to continue the appellant's poor person status on the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied with leave to renew upon proper papers, including an affidavit from local counsel, Joanne Rowland, that she is a member in good standing
of the New York Bar and has complied with 22 NYCRR § 118.1 concerning the registration of attorneys admitted to practice in New York State (see 22 NYCRR 118.1; 670.6[e]).
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Appellate Division: Second Judicial DepartmentM10480
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NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
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2003-01621 The People, etc., respondent, v Jean Estoine Dolbrun, appellant. (Ind No. 1304/02)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 23, 2003, and, in effect, to dismiss the appeal as abandoned. By order to show cause dated November 12, 2003, the appellant was directed to show cause why an order should not be entered dismissing the appeal as abandoned, and the motion was held in abeyance in the interim.
Now, on the court's own motion and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the branch of the motion which is to relieve assigned counsel is granted; and it is further,
ORDERED that the motion is otherwise denied as academic.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10347
L/
DANIEL F. LUCIANO, J.
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2003-08104 The People, etc., plaintiff, v Von Knowlden a/k/a Salim Abdul-Malik, defendant. (Ind. No. 2864/98)
| 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 August 12, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M10481
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NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
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2004-00824 The People, etc., respondent, v David Murphy, appellant. (Ind. No. 1847/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief |
Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated December 23, 2003, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as unnecessary, as the appellant was granted leave to proceed as a poor person and assigned counsel in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person and the assignment of counsel continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services.
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M10482
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DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
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2003-03316 The People, etc., respondent, v Edwin Pinero, appellant. (Ind. No. 6722/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to withdraw the brief previously filed with this court on an appeal from a judgment of the Supreme Court, Kings County, rendered April 4, 2003, and for leave to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the brief and the appeal are deemd withdrawn.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10499
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MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
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2001-09990 The People, etc., respondent, v James Simms, Jr., appellant. (Ind. No. 01-00173)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue his motion for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered October 31, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
01 A 6273
Attica Corr. Fac.
Box 149
Attica, New York 14011
Appellate Division: Second Judicial Department
M10505
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
SONDRA MILLER
REINALDO E. RIVERA, JJ.
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2003-08417 The People, etc., respondent, v Wai Chan, appellant. (Ind. No. 1873/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
PRUDENTI, P.J., RITTER, SANTUCCI, S. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court