Appellate Division: Second Judicial Department
M24592
C/sl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-05490 Shaikh Ali, respondent, v Carlos Vasquez, et al., appellants. (Index No. 31201/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent 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.
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 as academic, as the respondent's brief was filed on April 22, 2005.
KRAUSMAN, CRANE, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24582
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2004-08519 Lillie J. Andrews, appellant, v Motor Leasing Corp., et al., respondents.
(Index No. 14056/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated August 23, 2004, to stay a traverse hearing in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24487
S/sl
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2004-09285
Deloris Avery, et al., appellants, v Alan S. Sirlin, etc., respondent. (Index No. 3764/97)
| 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 July 14, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 20, 2005, 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
M24307
S/sl
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2004-09956
Banc One Financial Services, Inc., respondent, v Rosa Carter, a/k/a Rosa B. Carter, etc., appellant. (Index No. 02471/02)
| 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, Nassau County, dated October 6, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 5, 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
M24579
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2005-03114 Beneficial Mortgage Corporation, respondent, v Carl Lawrence, et al., appellants, et al., defendants.
(Index No. 15880/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Westchester County, entered March 24, 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.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24546
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-07841 George Bisnoff, appellant, v Pammi Lazarus Bisnoff, respondent. (Index No. 7841/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 11, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 31, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24520
S/sl
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2004-09997
Edward Carlos, appellant, v City of New York, et al., respondents. (Index No. 15422/95)
| 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 July 16, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 1, 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
M24508
PL/sl
|
2004-09441
Thomas Eliopoulos, appellant, v CNA, respondent. (Index No. 3169/00)
| 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, Orange County, dated August 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 20, 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
M24541
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-01623 Laura Hahn, etc., respondent, v Paul Mahota, appellant.
(Index No. 5323/04)
| 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, Dutchess County, dated February 2, 2005.
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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 27, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 27, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24568
O/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-03068 John Hodge, et al., plaintiffs-respondents, v Trataros Construction, Inc., et al., defendants third-party plaintiffs-appellants; Navillus Contracting, third-party defendant-respondent, et al., third-party defendants. (Index No. 19648/01)
| 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, Kings County, dated February 16, 2005.
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.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24550
C/sl
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2005-03481 Lawrence Holzmuller, respondent, v Spring Valley Housing Development Fund Corp., defendant-appellant, County of Rockland, defendant third-party plaintiff; Boss Construction Co., Inc., defendant third-party defendant- appellant. (Index No. 5287/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant-appellant to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, entered March 22, 2005. Separate motion by the defendant third-party defendant-appellant and the defendant third-party plaintiff for the same relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24585
E/sl
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-02291, 2005-02292 Boris Koyenov, et al., respondents, v Twin-D Transportation, Inc., et al., appellants, et al., defendant.
(Index No. 36283/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from a decision of the Supreme Court, Kings County, dated September 14, 2004, and an order of the same court dated February 23, 2005, to stay all proceedings in the above-entitled action, including an inquest on damages, pending hearing and determination of the appeals.
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.
COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24547
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-05475 Inja Lee, plaintiffs-respondents, v Tracy Ratz, et al., defendants-respondents, Desmond Walsh, appellant. (Index No. 28990/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to serve and file a reply brief to the respondent's brief of Taek Kyung Lee on an appeal from an order of the Supreme Court, Kings County, dated February 13, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief to the respondent's brief of Taek Kyung Lee is enlarged until May 6, 2005, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24486
S/sl
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2004-10035
Florence P. McGee, etc., respondent, v Sebastian Lattuga, etc., et al., appellants. (Index No. 25453-03)
| ORDER ON APPLICATION |
Application by the appellants Erlinda Austria, "John" Nassar, and Mercy Medical Center pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated September 24, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 5, 2005, and the joint record or appendix on the appeal and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24449
O/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-04497 Sharon Menzel, appellant, v Columbus Construction Co., defendant third-party plaintiff-respondent, Village of Dobbs Ferry, et al., respondents; S-F Concrete Corp., third-party defendant- respondent. (Index No. 10716/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 14, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appellant's time to perfect the appeal is enlarged until June 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.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24594
E/sl
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08290 Baerbel G. Obermueller, respondent, v Reinhard W. Obermueller, appellant.
(Index No. 9923/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, entered September 3, 2004, to enlarge the record on appeal to include certain documents and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic as the respondent's brief was timely filed; and it is further,
ORDERED that the branch of the motion which is to enlarge the record on appeal to include certain documents is denied.
COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24511
PL/sl
|
2004-10709 Yohanny Ortiz, respondent, v Leo Batash, et al., appellants. (Index No. 26806/94)
| ORDER ON APPLICATION |
Application by the appellant Leo Batash 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 July 19, 2004.
ORDERED that the application is granted and the movant's time to perfect the appeal is enlarged until July 18, 2005, and the record or appendix on the appeal and the movant'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
M24596
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2004-06683
Chrislait Pierre, et al., respondents, v City of New York, appellant. (Index No. 11105/03)
| DECISION & 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, Queens County, dated April 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 27, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24580
L/
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-06572 Public Administrator of Kings County, etc., respondent, v Sarafino Tomassetti, et al., appellants, et al., defendant. (Index No. 41660/95)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an amended judgment of the Supreme Court, Kings County, dated June 19, 2003.
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 deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24522
K/nl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2003-06572 Public Administrator of Kings County, etc., respondent, v Sarafino Tomassetti, et al., appellants, et al., defendant. (Index No. 41660/95)
| ORDER TO SHOW CAUSE |
The defendants Sarafino Tomassetti and Maria Tomassetti having appealed to this court from an amended judgment of the Supreme Court, Kings County, dated June 19, 2003, having perfected the appeal on June 4, 2004, and the respondent having filed a brief on August 3, 2004, the appeal was placed on this court's calendar for April 18, 2005. By letter dated April 6, 2005, the respondent's counsel advised this court that the action had been settled. Thereafter, upon inquiry from the court, by letter dated April 11, 2005, the appellants' counsel requested leave to withdraw the appeal. Attached thereto was a letter from the respondent's counsel, also dated April 11, 2005, stating that the respondent had been paid in September 2004 and considered the matter resolved in full. A satisfaction of judgment dated April 11, 2005, was also submitted.
Now, on the court's own motion, it is
ORDERED that the parties and their counsel are directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against them pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on opposing counsel on or before May 27, 2005.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
The Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for the respective parties by regular mail.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24502
S/sl
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2004-06042
Ronald Reiss, appellant, v Stella Reiss, respondent. (Index No. 17137/03)
| 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, Westchester County, dated May 27, 2004.
ORDERED that the application is granted and the reply brief which has been submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24490
S/sl
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2004-09865
Julio Rios, et al., respondents-appellants, v City of New York, et al., defendants-respondents, New York City Transit Authority, appellant-respondent. (Index No. 13271/96)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Richmond County, dated October 6, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until June 24, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24551
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-09138, 2005-03178 Laura Rosvold, et al., appellants, v Ann Rosvold, et al., respondents. (Index No. 80910/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated September 29, 2004 (Appellate Division Docket No. 2004 9138), and for leave to consolidate that appeal with an appeal from an order of the same court entered March 21, 2005 (Appellate Division Docket No. 2005-03178).
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated September 29, 2004, is granted; the appellants' time to perfect that appeal is enlarged until June 27, 2005, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is for leave to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24488
S/sl
|
2004-10075
Richard Rubens, appellant, v Rodney Fund, et al., respondents. (Index No. 16725/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated September 16, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 13, 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
M24479
S/sl
|
2004-09781
David Semkus, et al., respondents, v Village of North Haven, appellant, et al., defendant. (Index No. 8454/02)
| 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 September 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 29, 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
M24545
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-08404 Thomas Shoemaker, respondent, v Cobble Heights Realty, Inc., appellant. (Index No. 47978/02)
| 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 August 11, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24549
C/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2004-08615 Thomas Shoemaker, plaintiff, v Hortensia Craigwell, etc., defendant third-party plaintiff-respondent; Cobble Heights Realty, Inc., third-party defendant-appellant. (Index No. 15077/02)
| 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 August 11, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24539
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2003-06059 Aida Soto, respondent, v City of Mount Vernon, appellant. (Index No. 19880/96)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 28, 2003.
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 deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24503
S/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
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2005-00017 Rayna E. Taylor, respondent, v Incorporated Village of Hempstead, appellant, et al., defendant. (Index No. 2164/00)
| DECISION & ORDER ON MOTION |
Appeal by the Incorporated Village of Hempstead from an order of the Supreme Court, Nassau County, dated November 24, 2003. By decision and order on motion dated February 4, 2005, the trial in the above-entitled action was stayed pending hearing and determination of the appeal on condition that the appeal was perfected on or before March 5, 2005. The appeal has not been perfected.
Now, on the court's own motion, it is
ORDERED that the stay granted by the decision and order on motion dated February 4, 2005, is vacated forthwith.
S. MILLER, J.P., RITTER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24489
S/sl
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2004-10598
Edward Trudel, appellant, v Eric P. Donnenfeld, etc., et al., respondents. (Index No. 4031/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated October 6, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 29, 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
M24588
E/sl
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-09081 Lorenzo Tugman, et al., respondents, v P J C Sanitation Service, Inc., appellant, et al., defendant.
(Index No. 50255/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated August 12, 2004, to stay the trial in the above-entitled action pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24507
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2005-03554 Teresita Wendt, respondent-appellant, v Joseph C. Wendt, appellant-respondent. (Index No. 9570/02)
| DECISION & ORDER ON MOTION |
Cross appeal by Teresita Wendt from a decision of the Supreme Court, Suffolk County, dated February 9, 2005. By decision and order on motion dated April 20, 2004, the appeal by Joseph C. Wendt was dismissed.
Now, on the court's own motion, it is
ORDERED that the cross appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24583
S/sl
|
2004-09736
Shirley Williams, et al., appellants, v Joseph D'Angelo, etc., et al., respondents. (Index No. 25800/86)
| 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 August 13, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until May 31, 2005, 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
M24542
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-03419 Dina Zingone, respondent, v Gennaro Zingone, appellant.
(Index No. 5708/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Westchester County, dated April 1, 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.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24533
F/
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-00669, 2005-00671 In the Matter of Joan Bavaro-Baldwin, respondent, v Paul Bavaro, appellant. (Docket No. F-4621-03)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in proceedings before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Richmond County, both dated December 20, 2004, and for leave to the appellant to prosecute the appeals as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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 appeals, 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 appeals:
Pauline E. Braun, Esq.
43 Edgewood Road
P.O. Box 9
Valley Stream, New York 11582-0009
(516) 872-4080
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 appeals are taken.
COZIER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24540
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-03488 In the Matter of Seasia D. (Anonymous). Mr. and Mrs. Anonymous, appellants; Kareem W. (Anonymous), et al., respondents.
(Docket No. A-17771-04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to stay all proceedings in the above-entitled matter, pending hearing and determination of an appeal from an order of the Family Court, Queens County, dated April 5, 2005.
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 all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 27, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 27, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24536
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-08689 In the Matter of Frances Ann Dougherty, deceased. Bank of America, N.A., respondent; Estate of Frances Ann Dougherty, appellant.
(File No. 1151/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from a decree of the Surrogate's Court, Suffolk County, dated August 18, 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 deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24519
F/
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
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 |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated April 25, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:
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:
Channing Kury, Esq.
15 Saratoga Street
Commack, New York 11725
(631) 499-0105
ADAMS, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24548
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-05616, 2004-05617 In the Matter of Joan Marie Fotiades, deceased. Gregory Fotiades, petitioner-respondent; David Moskoff, appellant, et al., respondent.
(File No. 519/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Surrogate's Court, Suffolk County, both dated June 23, 2004, inter alia, to supplement the record with an affidavit of John P. Graffeo, dated October 21, 2002, and to enlarge the time to serve and file a reply brief. Cross motion by the petitioner-respondent to dismiss the appeal on the ground that it has no merit, or, for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted and the reply brief shall be served and filed on or before May 11, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to supplement the record is held in abeyance and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the cross motion is denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24534
F/
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2005-02779 In the Matter of Olivia H. (Anonymous). Dutchess County Department of Social Services, respondent; Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 1) In the Matter of Nathaniel H. (Anonymous). Dutchess County Department of Social Services, respondent; Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 2) In the Matter of Maurice H. (Anonymous). Dutchess County Department of Social Services, respondent; Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 3) In the Matter of Matthew H. (Anonymous). Dutchess County Department of Social Services, respondent; Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 4) In the Matter of Autumn H. (Anonymous). Dutchess County Department of Social Services, respondent; Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 5) In the Matter of Ayanna R. (Anonymous). Dutchess County Department of Social Services, respondent; Kelvin M. (Anonymous), Sr., appellant. (Proceeding No. 6) (Docket No. NA-907-02/02A, NN-909-02, NN-910-02, NN-911-02, NN-912-02, NN-913-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Dutchess County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Dutchess County, dated February 24, 2005, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the paper filed in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Neal D. Futerfas, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
(914) 682-2171
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.
COZIER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24527
O/sl
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-11141 In the Matter of M & E Rubin, LLC, appellant, v New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 12484/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay enforcement of stated portions of an order of the New York State Division of Housing and Community Renewal dated May 19, 2004, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 26, 2004, and application by the respondents William Eisner and Janis Eisner to direct the appellant to post an undertaking in the amount of the excess rent owed pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion and the application are denied.
COZIER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24538
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-08091
In the Matter of Athinkakis Pericleous, appellant, v Moska Megaris, respondent. (Docket No. F-10572-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated July 13, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew on or before May 13, 2005, upon proper papers including a proper financial affidavit, setting forth appellant's total income, resources, and expenses.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24171
E/sl
A. GAIL PRUDENTI, P.J.
THOMAS A. ADAMS
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-03059 In the Matter of Andrei S. (Anonymous). Administration for Children's Services, petitioner-respondent; Raphael S. (Anonymous), appellant, et al., respondent. (Docket No. N-19664/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated March 8, 2005, to vacate stated portions of the order, to direct an immediate hearing pursuant to Family Court Act § 1028, for a preference in the calendaring of the appeal, 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 branches of the motion which are to vacate stated portions of the order and to direct an immediate hearing pursuant to Family Court Act § 1028 are denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521); and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 minutes 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:
Richard P. Reyes, Esq.
350 Broadway - Suite 701
New York, New York 10013
(212) 966-3761
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.
PRUDENTI, P.J., ADAMS, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24505
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-09526 In the Matter of Gregory Thompson, petitioner, v Barbara Zambelli, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated December 8, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated December 8, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24504
S/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-09258 In the Matter of Shawn West, petitioner, v People of the State of New York, et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated December 8, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated December 8, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24535
F/
BARRY A. COZIER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-11172
In the Matter of Winsome White, appellant, v Marc Brown, respondent. (Docket Nos. V-2463-04, V-2464-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated November 17, 2004, 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 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:
Daniel P. Moskowitz, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 812-8248
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.
COZIER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M24429
F/
STEPHEN G. CRANE, J.
|
2005-02123 The People, etc., plaintiff, v Darren Breeden, defendant. (Ind. No. 5421/91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 26, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division : Second Judicial Department
M24329
F/
ROBERT A. SPOLZINO, J.
|
2005-01659 The People, etc., plaintiff, v Lamont Clemons, defendant. (Ind. No. 8559/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 22, 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.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M24516
F/
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-02782
The People, etc., respondent, v Ernest Curry, appellant. (Ind. No. 1046/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated January 6, 2005, is recalled and vacated and the following decision and order on motion is substituted therefore:
Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January 5, 2004, as amended February 17, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Mitchell Dranow, Esq.
75 Main Street
Sea Cliff, New York 11579
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
.ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
KRAUSMAN, J.P., MASTRO, SPOLZINO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 A 0295
Cayuga Corr. Fac.
Box 1186
Moravia, New York 13118
Appellate Division : Second Judicial Department
M24279
F/
WILLIAM F. MASTRO, J.
|
2005-01988 The People, etc., plaintiff, v Javier Durecut, defendant. (Ind. No. 539/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 12, 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.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M24573
S/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2002-03772 The People, etc., respondent, v Jearmy Kennedy, appellant. (Ind. No. 207-01)
| DECISION & ORDER ON MOTION |
Motion by the assigned counsel for the appellant for leave to submit a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered March 20, 2002, raising issues relating to whether the appellant was denied his right to act as his own attorney at trial.
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 supplemental brief shall be served and filed on or before May 13, 2005; the respondent may serve and file a response to the supplemental brief on or before May 31, 2005; a reply, if any, shall be served and filed on or before June 10, 2005.
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M24537
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2002-04654 The People, etc., respondent, v William McMillon, appellant. (Ind. No. 2105/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 9, 2002.
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 respondent's time to serve and file a brief is enlarged until May 27, 2005, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M24328
F/
ROBERT A. SPOLZINO, J.
|
2005-01987 The People, etc., plaintiff, v Calvert Pierre, defendant. (Ind. No. 7552/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 2, 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.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division : Second Judicial Department
M24430
F/
STEPHEN G. CRANE, J.
|
2005-02796 The People, etc., plaintiff, v Christopher Rodriguez, defendant. (Ind. No. 3004/99)
| 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 10, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M24358
S/sl
HOWARD MILLER, J.
|
2004-00871 The People, etc., respondent, v Timothy Sweeney, appellant. (Ind. No. 659-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, pursuant to CPL 460.60 for a stay of execution of the judgment with bail, and other conditions, continued as previously set forth by decision and order on motion dated June 1, 2004, pending determination of an appeal to the Court of Appeals from a decision and order of this court dated March 21, 2005, which determined an appeal from a judgment of the County Court, Nassau County, rendered January 29, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that motion is denied in light of the denial of the appellant's motion, inter alia, for leave to appeal to the Court of Appeals.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M24354
S/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
WILLIAM F. MASTRO
ROBERT A. LIFSON, JJ.
|
2004-00871 The People, etc., respondent, v Timothy Sweeney, appellant. (Ind. No. 659-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to reargue an appeal from a judgment of the County Court, Nassau County, rendered January 29, 2004, which was determined by decision and order of this court dated March 21, 2005, or, pursuant to CPL 460.20, for a certificate granting 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.
H. MILLER, J.P., RITTER, MASTRO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M24544
K/nl
SONDRA MILLER, J.
|
2005-03926 The People, etc., respondent Thomas Thompson, appellant. (Ind. No. 111/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Suffolk County, rendered April 25, 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 upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is granted, execution of the judgement is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $5000 or by depositing the sum of $2500 as a cash bail alternative; and it is further,
ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
SONDRA MILLER
Associate Justice
Appellate Division : Second Judicial Department
M24330
F/
ROBERT A. SPOLZINO, J.
|
2004-04387 The People, etc., plaintiff, v William Wilson, defendant. (Ind. No. 2919/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 5, 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.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division : Second Judicial Department
M24332
F/
ROBERT A. SPOLZINO, J.
|
2004-03161 The People, etc., plaintiff, v Jay Young, defendant. (Ind. No. 01-01465)
| 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, Westchester County, dated March 5, 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.
ROBERT A. SPOLZINO
Associate Justice
Appellate Division: Second Judicial Department
M24506
S/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-09233 The People, etc., ex rel. DeAndre Williams, a/k/a David Williams, petitioner, v The People of the State of New York, respondent.
| DECISION & ORDER ON MOTION |
Application for a writ of habeas corpus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated December 3, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated December 3, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court