Appellate Division: Second Judicial Department
M10555
S/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02417
Ioannis Amaxes, et al., plaintiffs respondents- appellants, v Newmark & Company Real Estate, Inc., et al., defendants third-party plaintiffs appellants-respondents, et al., defendant; D.P. Painting, Inc., third-party defendant respondent- appellant, et al., third-party defendant (and a fourth party action). (Index No. 17765/99)
| DECISION & ORDER ON MOTION |
Appeal and cross appeals from an order of the Supreme Court, Kings County, dated December 4, 2003. By decision and order on motion dated March 30, 2004, the appellants-respondents were directed to perfect the appeal by April 30, 2004.
Now, on the court's own motion, it is
ORDERED that the third-party defendant respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before June 7, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the plaintiffs respondents-appellants shall serve and file their answering brief, including their arguments on their cross appeal, on or before July 12, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the appellants-respondents shall serve and file their reply brief on or before August 17, 2004; and it is further,
ORDERED that the third-party defendant respondent-appellant shall serve and file its reply brief on or before September 2, 2004; and it is further,
ORDERED that the plaintiffs respondents-appellants shall serve and file their reply brief on or before September 17, 2004.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10528
S/sl
|
2003-09334 Federico Astudillo, et al., respondents, v St. Francis-Beacon Extended Care Facility, et al., appellants. (Index No. 5558/02)
| 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, Dutchess County, dated October 1, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 21, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10593
PL/sl
|
2003-09118
Marsha Davis, et al., respondents, v City of New York, appellant. (Index No. 18605/99)
| 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, entered September 30, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 15, 2004, 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
M10496
PL/sl
|
2003-07365 Adam Deja, etc., et al., appellants, v Geraldine Ortiz, et al., respondents. (Index No. 3934/03)
| 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, Nassau County, dated July 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 20, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10489
S/sl
|
2003-05809, 2003-10228 EDP Hospital Computer Systems, Inc., respondent, v Bronx-Lebanon Hospital Center, appellant. (Index No. 17086/92)
| 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 appeals from two orders of the Supreme Court, Queens County, dated May 5, 2003, and September 11, 2003, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 22, 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
M10570
Y/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2002-10879 Gabriel Ani Egwuonwu, etc., et al., respondents, v Evert Simpson, et al., appellants. (Index No. 14402/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated September 11, 2002, which was determined by decision and order of this court dated February 23, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., FLORIO, SMITH, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10509
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-11435 Estate of Olive May Hamilton, etc., appellant, v Nassau Suffolk Home Health Care, Inc., respondent, et al., defendant. (Index No. 14564/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated October 1, 2002, which was determined by decision and order of this court dated November 17, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10572
J/sl
|
2003-03727
Abena Evans, et al., respondents, v Louis Ellis, et al., defendants, Equicredit, appellant. (Action No. 1) (Index No. 8717/01) Fairbanks Capital Corp., plaintiff, v Esther Addison, et al., defendants. (Action No. 2) (Index No. 24460/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 25, 2004, 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
M10574
J/sl
|
2003-09004
Sharon J. Gaetner, etc., et al., respondents, v Tammy Benkovich, appellant. (Index No. 21275/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 4, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 15, 2004, 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 DepartmentM10571
A/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-09600 Tonya Johnson, respondent, v Robyn A. Weinstein, defendant third-party plaintiff-appellant; Carmen Rosario, third- party defendant-respondent. (Action No. 1) (Index No. 18548/00) Carmen Rosario, respondent, v Robyn A. Weinstein, appellant. (Action No. 2) (Index No. 18217/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled actions, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered June 23, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10598
PL/sl
|
2003-09848
Carl Kelly, plaintiff-respondent, v Grand Street Realty, LLC, defendant third- party plaintiff-appellant; New World Developers, Inc., third-party defendant-respondent. (Index No. 31233/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 1, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 26, 2004, 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
M10576
Y/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02094 Leisure Glen Homeowners Association, Inc., respondent, v Robert A. Torres, et al., appellants. (Index No. 31111/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated February 9, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10492
PL/sl
|
2003-10885
Thomas F. Liotti, etc., respondent, v Ernest J. Peace, etc., appellant, et al., defendant. (Index No. 8128/03)
| 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 on an appeal from an order of the Supreme Court, Nassau County, dated November 6, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 3, 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
M10634
A/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2004-02942 Edward Lubic et al., plaintiffs-respondents, v The Gap, Inc., et al., appellants, HTS Realty, defendant-respondent. (Index No. 976/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 March 9, 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.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10603
S/sl
|
2003-07970, 2003-10072 Mabbettsville Convenience Store, Inc., respondent, v William J. Shanks, Jr., et al., defendants, Barger, Day & Oswald, appellant. (Index No. 1630/00)
| ORDER ON APPLICATION |
Application by the appellant on appeals from two orders of the Supreme Court, Dutchess County, dated July 30, 2003, and November 10, 2003, respectively, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to perfect the appeal from the order dated July 30, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal from the order dated July 30, 2003, is enlarged until May 27, 2004, 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
M10575
J/sl
|
2003-08215
Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 1) (Index No. 14100/94) Chase Manhattan Mortgage Corporation f/k/a Chemical Residential Mortgage Corporation f/k/a Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 2) (Index No. 48255/98) Chase Manhattan Mortgage Corporation f/k/a Chemical Residential Mortgage Corporation f/k/a Margaretten & Company, Inc., appellant, v Eleanor Taubenblat, et al., respondents. (Action No. 3) (Index No. 36925/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 12, 2004, 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
M10602
S/sl
|
2003-09852
Dashamir Marku, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Index No. 14489/00)
| 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, Kings County, dated October 1, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 1, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10573
J/sl
|
2003-07729
Stanley C. Matusewicz, appellant, v Jeanine M. Prysock, respondent. (Index No. 10797/99)
| 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 June 11, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 10, 2004, 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
M10599
S/sl
|
2003-09939
David Bruce Murphy, respondent, v Stan Stuart, appellant. (Index No. 06480/89)
| 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 September 19, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 9, 2004, 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
M10526
J/sl
|
2003-09674 Frank Natoli, plaintiff-respondent, v City of New York, defendant-respondent, Malcolm Pirnie, Inc., defendant third-party plaintiff-appellant; Mueser Rutledge Consulting Engineers, et al., third-party defendants-respondents. (Index Nos. 6535/97, 350160/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 20, 2004, 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
M10531
S/sl
|
2003-09773
Gail Neugebauer, n/k/a Gail Olsen, appellant, v Mary Claire Gill, respondent. (Index No. 17114/96)
| 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, Nassau County, dated January 6, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 21, 2004, 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
M10569
PL/sl
|
2003-06735 New York City Transit Authority, respondent, v Windsor Leasing Corp., appellant. (Index No. 16961/00)
| 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 an order of the Supreme Court, Kings County, dated June 18, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 21, 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
M10502
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-10568 Pepsico, Inc., et al., respondents-appellants, v Winterthur International America Insurance Company, appellant-respondent, et al., defendant. (Index No. 17053/01)
| DECISION & ORDER ON MOTION |
Motion by Curt Vazquez, an attorney in good standing in the State of Pennsylvania, to be admitted pro hac vice to represent the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered October 29, 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.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10581
C/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-04883, 2003-06120, 2003-09876, 2003-09877 Stephanie Perell, respondent, v Clifford Krause, appellant. (Index No. 5586/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Westchester County, dated April 11, 2003, and three orders of the same court, one dated January 17, 2003, and two dated May 27, 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 to the extent that the appellant's time to perfect the appeal is enlarged until June 1, 2004, and the motion is otherwise denied; 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
M10614
PL/sl
|
2003-09616
Douglas Piazza, et al., respondents, v F.M. Esposito, et al., appellants. (Index No. 32205/02)
| 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, Suffolk County, dated September 22, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 28, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM10577
A/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-11182 Kent W. Profeta, et al., plaintiffs-respondents, v Choudhry G. Abbas, et al., appellants-respondents; Kent Profeta, plaintiff on counterclaim respondent- appellant. (Index No. 25752/00)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents on an appeal from an order of the Supreme Court, Kings County, dated November 3, 2003, to strike portions of the joint record on appeal and the appellants-respondents' brief, on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the plaintiffs-respondents' time to serve and file a brief is enlarged until May 28, 2004, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply briefs of the appellants-respondents and respondent-appellant, if any, shall be served and filed on or before June 14, 2004.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10490
S/sl
|
2003-08281
Marc Quezada, etc., et al., respondents, v Christopher P. O'Reilly-Green, etc., appellant, et al., defendants. (Index No. 721/00)
| 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, Westchester County, dated August 7, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 7, 2004, 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
M10580
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2003-10680 Mark S. Ricciardi, respondent, v Robert J. Aliano, et al., appellants. (Index No. 11230/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 17, 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 granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until June 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10567
PL/sl
|
2003-08335
George Thomas Riley, et al., respondents, v White Plains Hospital Center, et al., defendants, Jonathan Greenberg, etc., et al., appellants. (Index No. 12480/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated August 26, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 2, 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
M10527
S/sl
|
2003-09507
Mikhail Shneyderman, appellant, v Peter Ljutic, Jr., et al., respondents. (Index No. 001079/99)
| 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, Queens County, dated August 28, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 14, 2004, 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
M10525
S/sl
|
2003-10323
John Smart, et al., respondents, v Dale F. Adams, et al., appellants. (Index No. 878/02)
| 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, Dutchess County, dated October 22, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 19, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10600
S/sl
|
2003-09595 Stan Stuart, d/b/a Silver River Marina, appellant, v Shoreville Boat Haulers, Ltd., et al., respondents. (Index No. 16962/98)
| 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, Nassau County, dated September 26, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 23, 2004, 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
M10517
J/sl
|
2003-07538
Eugenia Torres, appellant, v State of New York, respondent. (Claim No. 102431)
| 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 Court of Claims, dated July 14, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 2, 2004, 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
M10592
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-07272
2M Realty Corp., et al., appellants, v Robert Boehm, etc., respondent. (Index No. 13642/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated April 21, 2003, for this court to take judicial notice of a decision and order of the same court dated February 17, 2004, on the ground that it renders a portion of the appeal from the order dated April 21, 2003, academic.
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 held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10623
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-04386 Lily Wang, appellant, v Lisa Houck, et. al., respondents. (Index No. 2393/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 26, 2003, for failure to timely perfect the same, and for an award of costs. Cross application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and cross application and the papers filed in opposition thereto, it is
ORDERED that the cross application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10485
S/sl
|
2003-09075
Waste Management of New York, Inc., respondent, v Bedford Stuyvesant Restoration Corporation, et al., appellants. (Index No. 6475/02)
| 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, Nassau County, dated February 25, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until May 21, 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
M10497
PL/sl
|
2003-09998 In the Matter of Allstate Insurance Company, appellant, v Faustino Albino, et al., respondents. (Index No. 17815/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 18, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 29, 2004, 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
M10585
C/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-04017, 2003-11271 In the Matter of Astoria Gas Turbine Power, LLC, appellant, v Tax Commission of the City of New York, et al., respondents. (Index No. 103911/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Queens County, dated March 10, 2003, and October 7, 2003, respectively, to enlarge the time to serve and file a brief, and to enlarge the time of the appellant to serve and file a reply brief.
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 respondents' time to serve and file a brief is enlarged until May 5, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief must be served and filed on or before May 24, 2004.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10564
R/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-10259 In the Matter of City of Yonkers, petitioner, v New York State Board of Real Property Services, respondent.
| DECISION & ORDER ON MOTION Enlarge Time - Proceeding |
Motion by the respondent to enlarge the time to serve and file an answer in a proceeding pursuant to RPTL § 1218.
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 it is further,
ORDERED that the respondent's time to serve and file an answer is enlarged until May 3, 2004, and the respondent's answer must be served and filed on or before that date.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10558
S/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-03183
In the Matter of Edouard Dubuisson, appellant, v Magda Chery, respondent. (Docket Nos. V-7778-03, V-7779-03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Edouard Dubuisson from a decision of the Family Court, Nassau County, dated March 8, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10604
S/sl
|
2003-05012
In the Matter of Jennifer G. (Anonymous), appellant. Administration for Children's Services, et al., respondents; Attorney General of the State of New York, intervenor-respondent. (Docket No. S-5583-98)
| ORDER ON APPLICATION |
Application by the intervenor-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 Family Court, Queens County, dated May 30, 2003.
ORDERED that the application is granted and the intervenor-respondent's time to serve and file a brief is enlarged until May 21, 2004, and the intervenor-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
M10606
Y/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-10162 In the Matter of Michael J. Kazimer, petitioner, v Glenn S. Goord, etc., respondent. (Index No. 3751/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, dated June 3, 2003, as dismissed the above-entitled proceeding for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.
Upon the papers filed in support of the motion and no papers having been filed in relation or 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
M10553
E/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-02993 In the Matter of Mary S. Kravitz, respondent, v Jeffrey P. Kravitz, appellant. (Docket Nos. V-98-1718, V-98-1719, V-98-1720, V-98-1721, O-01-815)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Nassau County, February 27, 2003, to include the transcript of certain minutes of a contempt hearing in the above-entitled matter held on June 25, 2001, and to enlarge the time to perfect 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 branch of the motion which is to enlarge the record on an appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 26, 2004.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10556
Y/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-00212 In the Matter of Paul C. Maggio, d/b/a Patchogue Nursing Center, respondent, v Barbara A. DeBuono, etc., et al., appellants. (Index No. 27327/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, which was determined by decision and order of this court dated February 4, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10543
R/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-05342
In the Matter of Angela Nelson, appellant, v Robin Martin, et al., respondents. (Docket Nos. V-3850-6/03, V-3813/03)
|
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated May 15, 2003, to direct an immediate hearing, regarding the constitutional issues raised in the conclusion of the appellant's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic as the appeal was dismissed by decision and order on motion of this court dated April 19, 2004.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10560
S/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-03131 In the Matter of Terence Quinn, appellant, v Patricia D'Arbanville, respondent. (Docket Nos. V-15537-02, V-15538-02, V-15539-02)
| DECISION & ORDER ON MOTION |
Appeal by Terence Quinn from an order of the Family Court, Nassau County, dated March 3, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered on the consent of the appealing party (see CPLR 5511).
KRAUSMAN, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10579
O/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02104 In the Matter of Mariana Rosato, respondent, v Mark Rosato, appellant. (Docket Nos. F-3241/02, F-722/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Rockland County, dated January 30, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10561
S/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-03182
In the Matter of Karla S. (Anonymous), appellant. (Docket Nos. D-17251-02, S-12988-02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Karla S. from a decision of the Family Court, Nassau County, dated March 19, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed,without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10529
S/sl
|
2003-09409 In the Matter of Adam T. Smiler, respondent, v Board of Education, a/k/a Department of Education, et al., appellants. (Index No. 16012/03)
| 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, Kings County, dated September 3, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 21, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10563
S/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-01805
The People, etc., respondent, v Tony Curtis, appellant. (Ind. No. 10552/00)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered January 26, 2004, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appellant is 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 appeals lie from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered October 5, 2001, 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 May 21, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion for poor person relief is held in abeyance in the interim.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M10597
L/
GLORIA GOLDSTEIN, J.
|
2004-02333 The People, etc., plaintiff, Luis Escobar, defendant. (Ind. No. 1206/85)
| 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 February 23, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M10586
Y/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-06558
The People, etc., respondent, v Arnold Fordham, appellant. (Ind. No. 288/02)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 3, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before June 24, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10551
E/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-01419 The People, etc., respondent, Terence Moon, appellant.
(Ind. No. 473/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Nassau County, rendered January 23, 2001, to include, inter alia, a transcript of certain minutes of Grand Jury proceedings on the above entitled action that are attached as an appendix to the supplemental pro se brief and to waive the certification requirements for the appendix to the supplemental pro se brief.
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 on the court's own motion, the respondent's time to serve and file a brief in response to the supplemental pro se brief is enlarged until June 10, 2004, and that brief must be served and filed on or before that date.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10562
R/sl
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02008 The People, etc., respondent, v Sharon Pannel, appellant. (Ind. No. 97/00637)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a purported judgment of the County Court, Westchester County, rendered January 22, 2004, on the ground that the purported judgment is nothing more than a proceeding to cause a judgment rendered March 30, 1998, to brought to execution (see People v Crawford, 239 AD2d 514).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M10591
L/
GLORIA GOLDSTEIN, J.
|
2003-11196 The People, etc., plaintiff, Richard Pena, defendant. (Ind. No. 1454/93)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of his prior application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 24, 2003, which was determined by me on January 20, 2004.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M10588
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2000-09842 The People, etc., respondent, v Lawrence Weygant, appellant.
(Ind. No. 99-00650)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered October 12, 2000, for leave to reargue a motion for leave to serve and file a supplemental brief, which was determined by decision and order of this court dated February 24, 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.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court