Appellate Division: Second Judicial Department
M24469
CF/
|
2005-02602 Asma Ahmad, respondent, v Atefeh Pahlavan, et al., appellants. (Index No. 14252/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M24396
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-02966 Victoria Albert, respondent, v Paul M. Doherty, et al., appellants. (Action No. 1) (Index No. 1525/04) Sheran Albert, respondent, v Paul M. Doherty, et al., appellants. (Action No. 2) (Index No. 1526/04) Junia Albert, respondent, v Paul M. Doherty, et al., appellants. (Action No. 3) (Index No. 16699/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in Actions No. 1 and 2 pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated March 10, 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.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24422
PL/sl
|
2004-06014
Theresa Anzolone, respondent, v Long Island Care Center, Inc., et al., defendants, Flushing Hospital and Medical Center, appellant. (Index No. 25928/01)
| 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, Queens County, dated May 20, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24475
L/
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-05472
Dennis R. Billman, respondent-appellant, v CLF Management, et al., appellants-respondents. (Index No. 26483/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application by the respondent-appellant CLF Management, to withdraw its cross appeal from an order of the Supreme Court, Kings County, dated May 19, 2004.
Upon the stipulation of the attorneys for the respective parties, dated April 15, 2005, it is
ORDERED that the application is granted and the cross appeal by CLF Management is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., ADAMS, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24439
J/sl
|
2004-04469
Michael Bourbakis, respondent, v Jacek Boron, et al., appellants, et al., defendants.
(Index No. 10913/02)
| 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 an order of the Supreme Court, Kings County, dated April 30, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 6, 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
M24395
S/sl
|
2004-09049
Peter S. Chan, et al., appellants, v John Barry, et al., respondents. (Index No. 3574/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated August 17, 2004. Separate application by the appellants to withdraw the appeal.
Upon the papers filed in support of the applications and no papers having been filed in opposition thereto, it is
ORDERED that application to withdraw the appeal is granted and appeal is marked withdrawn; and it is further,
ORDERED that the application to enlarge time is denied as academic.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24304
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-03993, 2003-10177 Gerald Coviello, et al., plaintiffs-respondents, v J.J. Sisca Construction Corp., et al., defendants, J.J. Sisca Associates Building Corp., defendant- appellant, Albany Ladder, Inc., et al., defendants third-party and second third-party plaintiffs- appellants; Lakeview Associates, LLC, third- party defendant-respondent; Peter Oldani, P.E., second third-party defendant.
(Index No. 17236/00)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party and second third-party plaintiffs-appellants to stay the trial in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated March 21, 2003, and October 24, 2003, respectively.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeals.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24454
CF/
|
2005-02366 Victor Cruz, et al., respondents, v Asplundh Tree Expert Co., appellant. (Index No. 323/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated January 18, 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
M24321
PL/sl
|
2004-05856
Margarite Dingle, etc., et al., plaintiffs- respondents, v City of New York, et al., appellants, Child Development Support Corporation, et al., defendants-respondents. (Index No. 49855/97)
| ORDER ON APPLICATION |
Application by the plaintiffs-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, Kings County, dated May 7, 2004.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until May 25, 2005, and the plaintiffs-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
M24465
CF/
|
2004-08233 Alty Ferguson, et al., appellants, v Claudette W. Layne, respondent. (Index No. 28981/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated August 12, 2004.
Upon the stipulation of the parties, dated April 14, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24399
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00126 Cheryl Flynn, plaintiff, v Toys "R" Us, Inc., defendant third-party plaintiff-respondent; Cintas Corporation, third-party defendant- appellant. (Index No. 29215/02)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-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 October 29, 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 denied.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24438
J/sl
|
2004-07226 Jodi Catherine Gallagher, respondent, v Edward Walter Gallagher, appellant. (Index No. 11256/04)
| 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, Suffolk County, dated August 4, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 16, 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
M24417
O/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-01187 Patricia Donelley Gilbert, respondent, v Robert Randall Gilbert, appellant. (Index No. 38054/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 3, 2005, on the ground that the order was superseded by a judgment dated January 14, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from so much of the order as granted the respondent leave to enter a money judgment is deemed to be a notice of appeal from the judgment dated January 14, 2005 (see CPLR 5512); and it is further,
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
M24450
S/sl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
DAVID S. RITTER
PETER B. SKELOS, JJ.
|
2004-07239 Maria Isabel Gomez, appellant, v New York City Transit Authority, et al., respondents.
(Index No. 42769/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 7, 2004, to stay enforcement of that order and a subsequent order of the same court dated February 18, 2005, pending hearing and determination of the appeal.
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 the orders dated July 7, 2004, and February 18, 2004, are stayed pending hearing and determination of the appeal.
ADAMS, J.P., COZIER, RITTER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24481
CF/
|
2005-03493 David Gross, plaintiff-respondent, v Teitelbaum, Braverman & Borges, P.C., defendant-respondent, Braverman Warfield, LLP, defendant-appellant. (Index No. 8910/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Queens County, dated April 13, 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
M24471
L/
|
2004-09733 Carolyn Joan Hardin, appellant, v Cary Rubin, respondent. (Index No. 5725/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated September 21, 2004.
Upon the stipulation of the parties, dated March 7, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24470
L/
|
2004-03159 Leonard Hatfield, et al., appellants, v Bridgedale, LLC, et al., respondents, et al., defendants (and a third-party action). (Index No. 22502/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated February 16, 2004.
Upon the stipulation of the parties, dated February 18, 2005, it is
ORDERED that the appeal is marked withdrawn insofar as asserted against Ralph P. Albanese.
ENTER:
James Edward Pelzer
Clerk of the Court
April 25, 2005
HATFIELD v BRIDGEDALE, LLC
Appellate Division: Second Judicial Department
M24443
J/sl
|
2004-08693
Jaco Electronics, Inc., appellant, v M-Systems, Inc., respondent. (Index No. 25982/03)
| 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, Suffolk County, dated August 18, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 27, 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
M24464
CF/
|
2005-00537, 2005-00538 Gregory Larsen, appellant, v Carol Larsen, respondent. (Index No. 197/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Orange County, dated April 28, 2004, and June 22, 2004, respectively.
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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24478
S/sl
|
2004-05643
Gary Levine, appellant, v Barbara Levine, respondent. (Index No. 201713/00)
| 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 a judgment of the Supreme Court, Nassau County, entered June 3, 2004.
ORDERED that the application is granted and the appellant's reply brief shall be served and file on or before May 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24457
CF/
|
2005-01336 Robert Liu, appellant, v Xiao Fu Wu, et al., respondents. (Index No. 15872/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated 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
M24480
S/sl
|
2004-07411
Theresa Lombardi, appellant, v State of New York, respondent. (Claim No. 98863)
| 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 Court of Claims dated June 30, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 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
M24474
L/
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN J. CRANE
PETER B. SKELOS, JJ.
|
2004-04066 John Mancini, et al., respondents, v Pedra Construction, et al., defendants, Concrete Structures, Inc., appellant. (Index No. 4841/98)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 30, 2004.
Upon the stipulation of the attorneys for the respective parties, dated April 19, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24467
CF/
|
2004-09105 John Mandilas, et al., respondents, v City of New York, et al., appellants (and a third-party action). (Index No. 43723/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated 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
M24436
J/sl
|
2004-07332
Donna J. Morgan-Steele, appellant, v Montague Realty, LLC, respondent. (Index No. 25047/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated August 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 14, 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
M24460
CF/
|
2004-07282 Northbay Construction Co., Inc., et al., appellants, v Bauco Construction Corp., et al., respondents. (Index No. 13195/95)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 13, 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
M24455
CF/
|
2005-02967 Northpark Associates, LLP, respondent, v Westcon, Inc., et al., appellants. (Index No. 18653/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, entered March 2, 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
M24482
CF/
|
2004-02563 Sherry Occhino, appellant, v Gerald T. Black, respondent. (Index No. 4449/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Dutchess County, dated February 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24404
C/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-09535 Angel Osorio plaintiff-respondent, v Kenart Realty, Inc., et al., defendants; American Alliance Insurance Company, et al., defendants third-party plaintiffs-appellants; Tower Insurance Company, third-party defendants- respondents. (Index No. 47095/98)
| ORDER TO SHOW CAUSE |
Application by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 15, 2004.
Now, on the court's own motion, it is
ORDERED that the appellants and the respondents show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appellants are not aggrieved by the order dated July 15, 2004 (see CPLR 5511), by each filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 16, 2005; and it is further,
ORDERED that the application is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of the court, or his designee, is directed to serve a copy of this order to show cause upon the parties or their attorneys by regular mail.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24453
CF/
|
2005-00330 Stella Mitchell Porto, et al., plaintiffs-respondents, v Elrac, Inc., d/b/a Enterprise Rent-A-Car, defendant- appellant, Dena M. Scarpelli, defendant-respondent. (Index No. 11194/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated November 30, 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
M24459
CF/
|
2004-09657 Ina Rogovin, respondent, v Barry G. Simonson, etc., et al., defendants, Pro Fit Orthopedic and Sports Physical Therapy, appellant. (Index No. 16456/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 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
M24444
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2005-03047 Stacie Schwerner, respondent, v Constantion Sagonas, appellant. (Index No. 6134/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 11, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24463
CF/
|
2004-10588 Silvana Serravillo-Graci, etc., appellant, v Herbert S. Ingham, et al., respondents. (Index No. 12869/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 13, 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
M24458
CF/
|
2004-10135 Settlement Corporation, Inc., et al., respondents, v Paul DeCarlo, et al., appellants. (Index No. 14962/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 30, 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
M24476
L/
BARRY A. COZIER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-00988 Renee Stern, respondent, v Mitchell Stern, appellant. (Index No. 10729/91)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 5, 2003.
Upon the stipulation of the attorneys for the respective parties, dated April 19, 2005, it is
ORDERED that the application 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
M24413
O/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-02048 Story Book Homes, Inc., appellant, v Elva G. Commerdinger, respondents. (Index No. 04907/99)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a "decision in lieu of trial" of the Supreme Court, Suffolk County, dated January 4, 2005. By decision and order on motion dated March 15, 2005, the parties or their attorneys are directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the "decision in lieu of trial', dated January 4, 2005, is merely a decision from which no appeal lies (see Schicchi v Green Constr. Corp., 100 AD2d 509), by each filing an affirmation or affidavit on that issue with the Clerk of this court, on or before April 8, 2005.
On the court's own motion and upon the papers filed on response thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M21215
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-11138
Leonard Tallo, respondent, v Constantine Gianopoulos, et al., appellants (and another caption). (Index No. 11958/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the defendants from an order of the Supreme Court, Richmond County, dated November 18, 2003.
Now, on the court's own motion, it s
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the stay which was granted by decision and order on motion of this court dated March 16, 2004, is vacated forthwith.
FLORIO, J.P., ADAMS, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24397
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-10830 Baher Uddin, et al., respondents, v Three Brothers Construction Corporation, defendant, Corner Stone Baptist Church, appellant. (Index No. 2281/02)
| 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, Kings County, dated October 27, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeal.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24456
CF/
|
2005-00768 Margarette Vaval, appellant, v Jean Lionel Vaval, respondent. (Index No. 3898/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24433
J/sl
|
2004-09369
Thomas Vincente, et al., respondents, v Roy Kay, Inc., appellant (and a third-party action). (Index No. 13377/00)
| 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, Richmond County, dated January 4, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 21, 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
M24415
PL/sl
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2003-09669
John Wolff, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Index No. 1615/00)
| 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, Queens County, dated September 26, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24414
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-01122 In the Matter of Charmayne Coates, appellant, v Gregory Lee, respondent. (Docket No. V-21516-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated December 20, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and 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 the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24461
CF/
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2004-09221 In the Matter of E. G. Clemente Contracting Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 16079/04)
| ORDER ON APPLICATION Application to Withdraw Proceeding |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated October 19, 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 proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M23813
S/sl
HOWARD MILLER , J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
STEVEN W. FISHER , JJ.
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2005-01272 In the Matter of Joseph Fallarino, respondent, v Sharon Ayala, appellant. (Proceeding No. 1) In the Matter of Sharon Ayala, appellant, v Joseph Fallarino, respondent. (Proceeding No. 2) (Docket No. V-3132/02)
| DECISION AND ORDER ON MOTION |
Appeal by Sharon Ayala from an order of the Family Court, Nassau County, dated December 20, 2004. By order to show cause dated March 16, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated February 10, 2005, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the order to show cause and the papers filed in response thereto, and upon the motion of the appellant pro se and no papers having been in opposition or relation thereto, it is
ORDERED that the order to show cause is denied; and it is further,
ORDERED that the motion of the appellant pro se is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.
H. MILLER, J.P., KRAUSMAN, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24402
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-09936
In the Matter of Andrew F. Fisher, respondent, v Christine DeFlora, appellant. (Docket No. V-4274-98)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Suffolk County, dated October 8, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Edward J. Fox, P.O. Box 1354, Smithtown, New York 11787, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:
Arza Rayches Feldman, Esq.
626 EAB Plaza
West Tower - 6th Floor
Uniondale, New York 11556
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24445
O/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-03204 In the Matter of Jack Galati, appellant, v Lucy Galati, respondent. (Docket No. F-15318-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Westchester County, dated March 4, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24484
CF/
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2004-09614 In the Matter of Granite State Insurance Company, appellant, v Michael Brathwaite, et al., respondents. (Index No. 2165/04)
| 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 August 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
M24409
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-01854, 2005-01858
In the Matter of Chris L. (Anonymous), appellant. (Docket No. D-13931-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, dated November 4, 2004, and January 19, 2005, respectively, as a poor person, and for the assignment of counsel.
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 Law Guardian, Steven Greenfield, Esq., P.O. Box 220429, Great Neck, New York 11022, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Cynthia A. Lee, Esq.
418 St. Marks Place
Staten Island, New York 10301
(718) 720-3366
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
ADAMS, J.P., KRAUSMAN, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24472
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-05423
In the Matter of Maspeth Avenue Operating, petitioner, v Raymond P. Martinez, etc., respondent. (Index No. 7011/04)
| ORDER ON MOTION Withdraw Proceeding on Stipulation |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated June 2, 2004.
Upon the stipulation of the parties, dated April 6, 2005, it is
ORDERED that the proceeding is marked withdrawn.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24410
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-07856, 2004-11203 In the Matter of Dana R. Pedone, respondent, v Marcus Corpes, appellant. (Docket Nos. P-00464/95, F-03931/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to consolidate appeals from two orders of the Family Court, Suffolk County, dated July 26, 2004, and November 1, 2004, respectively, and to file a single brief in connection with both appeals. Application by the appellant to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and application and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to file a single brief in connection with both appeals is granted; and it is further,
ORDERED that the parties shall serve and file 10 copies of the briefs on the appeals; and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing 10 copies of his brief on the appeals is enlarged until May 24, 2005.
FLORIO, J.P., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24336
F/nl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2005-01487 In the Matter of Jose Rivera, appellant, v Glenn S. Goord, etc., et al., respondents. (Index No. 5167/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated January 20, 2005, as a poor person, for leave to proceed on the original papers, for free transcripts, to waive the filing fee, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are for free transcripts, to waive the filing fee, and for the assignment of counsel are 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
M24408
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-01300, 2005-01301
In the Matter of Michael S. (Anonymous), appellant. (Docket No. D-3824-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, dated November 29, 2004, and January 10, 2005, respectively, as a poor person, and for the assignment of counsel.
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 Law Guardian, Suzanne Blond, Esq., 90-50 Parsons Blvd., Suite 401, Jamaica, New York 11432, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Dawn Shammas, Esq.
89-31 161st Street - Suite 605
Jamaica, New York 11435
(917) 609-2975
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
ADAMS, J.P., KRAUSMAN, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24485
CF/
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2005-02242
In the Matter of Leanne St. M. (Anonymous). Administration for Children's Services, appellant; Leroy R. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Tiesha St. M. (Anonymous). Administration for Children's Services, appellant; Leroy R. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Jamel St. M. (Anonymous). Administration for Children's Services, appellant; Leroy R. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. N-30651/04, N-30652/04, N-30653/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated February 9, 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
M24466
CF/
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2004-09656 In the Matter of State Farm Mutual Automobile Insurance Company, appellant, v Eunice Gardner, respondent. (Index No. 8944/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 9, 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
M24483
CF/
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2004-07140 In the Matter of United Financial Casualty Company, petitioner-respondent, v Richard Hebrank, et al., respondents, ELRAC, Inc., appellant. (Index No. 1164/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated July 9, 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
M24322
C/sl
HOWARD MILLER, J.P.
SONDRA MILLER
DAVID S. RITTER
DANIEL F. LUCIANO, JJ.
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2004-05595, 2004-09378 In the Matter of Sambasiva Rao Venigalla, et al., respondents, v Alagappa Alagappan, et al., appellants. (Index No. 15676/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated June 10, 2004, and September 13, 2004, respectively, inter alia, for leave to reargue the respondents' prior motion, among other things, to strike portions of the appellants' brief, which was determined by decision and order on motion of this court dated February 1, 2005, for leave to appeal to the Court of Appeals if this court denies reargument, for leave to serve and file a supplemental record, and to enlarge the time to comply with the decision and order on motion of this court. Application by the respondents for the imposition of a sanction and an attorney's fee.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to reargue is granted to the extent that so much of the decision and order on motion of this court dated February 1, 2005, as struck point IV of the appellants' brief is recalled and vacated, that branch of the respondents' motion which was to strike point IV of the appellants' brief is denied, and that branch of the motion which is for leave to reargue is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted; on or before May 13, 2005, the appellants shall serve and file a supplemental record containing the two memoranda of law referred to on the first page of the order dated June 10, 2004; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellants' time to comply with the decision and order on motion dated February 1, 2005, is granted; the appellants' time to comply with the decision and order on motion dated February 1, 2005, by (1) serving and filing a new brief which does not contain points I, II, and III of the original brief, (2) removing from all copies of the record on appeal on file with this court pages R 231 through R242, and (3) replacing page R8 in all copies of the record on appeal on file with this court with a signed copy of the order of the Supreme Court, Queens County, dated September 13, 2004, is enlarged until May 13, 2005; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until June 13, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the application is denied without prejudice to making a motion for the same relief (see CPLR 8022[b]).
H. MILLER, J.P., S. MILLER, RITTER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24403
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-02016
In the Matter of Camille May Voutour, appellant, v Dianna S. Mazzarese, et al., respondents. (Docket No. V-25217-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated January 26, 2005, 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 thereto, it is
ORDERED that the motion is granted; 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said 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 pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Jeffrey C. Bluth, Esq.
415 Albermarle Road
Brooklyn, New York 11218
(718) 435-5357
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.
ADAMS, J.P., KRAUSMAN, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24473
S/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
WILLIAM F. MASTRO, JJ.
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2005-03504 In the Matter of Shanda Waters, petitioner, v Michael Waters, et al., respondents.
(Docket Nos. V-08653-05, V-08654-05)
| DECISION & ORDER ON MOTION |
Motion by Michael Waters for leave to appeal to this court from an order of the Family Court, Kings County, dated April 7, 2005, 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 motion is otherwise denied as academic.
SCHMIDT, J.P., S. MILLER, SANTUCCI and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24435
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HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-01286
The People, etc., respondent, v Jorge Baldeon, appellant. (Ind. No. 10375/95)
| DECISION & ORDER ON MOTION |
Appeal by Jorge Baldeon from a purported judgment of the Supreme Court, Queens County, rendered January 7, 2004. By order to show cause dated March 18, 2005, the appellant was ordered to show cause before this court why an order should or should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered November 27, 1995, to be brought to execution (see People v Crawford, 239 AD2d 515), by filing an affidavit on that issue with the Clerk of this court on or before April 14, 2005.
On the court's own motion and the papers filed on response thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from the purported judgment, (see People v Crawford, 239 AD2d 515).
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24416
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-02261 The People, etc., respondent, v Guy Coston, appellant. (Ind. No. 38/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Richmond County, rendered March 7, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24477
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2003-01016 The People, etc., respondent, v Oscar Donaldson, appellant. (Ind. No. 8443/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 27, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 16, 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
M24428
F/
REINALDO E. RIVERA, J.
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2005-00566 The People, etc., plaintiff, v Steven Finkelstein, defendant. (Ind. No. 344/01)
| 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 County Court, Nassau County, dated December 20, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
Appellate Division : Second Judicial Department
M24426
F/
REINALDO E. RIVERA, J.
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2005-02469 The People, etc., plaintiff, v Richard Holland, defendant. (Ind. No. 858-97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated February 17, 2005, 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M24441
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A. GAIL PRUDENTI, P.J.
HOWARD MILLER
DAVID S. RITTER
FRED T. SANTUCCI, JJ.
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2003-10258 The People, etc., respondent, v Garland Hughes, appellant. (Ind. No. 3969/84)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered May 24, 1985, which was determined by decision and order of this court dated July 18, 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.
PRUDENTI, P.J., H. MILLER, RITTER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M24118
K/sl
STEVEN W. FISHER, J.
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2005-01738 The People, etc., respondent, v Collin Marshall, appellant. (Ind. No. 2333/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered February 15, 2005, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M24448
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HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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1999-04230 The People, etc., respondent, v James M. Myron, appellant. (Ind. No. 97/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a reply brief on an appeal from judgment of the County Court, Rockland County, rendered March 26, 1999.
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 serve and file a reply brief is enlarged until June 27, 2005, and the reply 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
M24418
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-03281 The People, etc., respondent, v Juan G. Torres, appellant. (S.C.I. No. 2178/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Nassau County, rendered December 9, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Nassau County, rendered December 9, 2004.
ADAMS, J.P., KRAUSMAN, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court