Appellate Division: Second Judicial Department
M10813
L/
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2004-01303, 2004-01304 Amco International, Inc., et al., appellants-respondents, v Long Island and Railroad Company, respondent-appellant. (Index No. 8381/97)
| ORDER ON APPLICATION Application to Withdraw Appeal Cross Appeal |
Separate applications by the appellants-respondents and the respondent-appellant to withdraw an appeals and cross appeals from a decision of the Supreme Court, Suffolk County, and an order of the same court, both dated January 12, 2004.
Upon the papers filed in support of the applications and no papers having been filed in opposition or relation thereto, it is
ORDERED that the applications are granted and the appeals and cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10816
L/
|
2003-10941 Sherdan Bethune, respondent, v Allstate Insurance Company, appellant. (Index No. 45214/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated November 6, 2003.
Upon the stipulation of the parties, dated April 19, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10724
Y/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-08677 Thomas Butti, appellant, v U.S. Bank Trust National Association, respondent. (Index No. 8680/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court,
Westchester County, dated August 12, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until June 1, 2004, and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10789
S/sl
|
2003-09892
Salvatore Ciafone, respondent, v Ibn Kenyatta, appellant. (Index No. 1080/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated September 19, 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
M10792
S/nal
|
2003-10177
Gerald Coviello, et al., appellants-respondents, v J. J. Sisca Construction Corp., et al., defendants-respondents, J. L. G. Industries, Inc., defendant respondent-appellant, Albany Ladder Company, Inc., s/h/a Albany Ladder, Inc., et al., defendants third-party-plaintiffs respondents-appellants; Lakeview Associates, LLC, third-party defendant respondent-appellant. (Index No. 17236/00)
| ORDER ON APPLICATION |
Application by the defendants third-party-plaintiffs respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Westchester County, entered October 24, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondent's time to perfect the appeal is enlarged until July 19, 2004, and the joint appendix or 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 defendants third-party-plaintiffs respondents-appellants and the defendant respondent-appellant shall serve and file their respective answerings brief, including their points of argument on their cross appeals, on or before August 24, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the third-party defendant respondent-appellant shall serve and file its answering brief, including its points of argument on its cross appeal, on or before September 29, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the defendants-respondents shall serve and file their respective briefs on or before November 3, 2004; and it is further,
ORDERED that the appellants-respondents shall serve and file their reply brief on or before December 8, 2004; the defendants third-party-plaintiffs respondents-appellants and the defendant respondent-appellant shall serve and file their respective reply briefs on or before December 23, 2004; and the third-party-defendant respondent-appellant shall serve and file its reply brief on or before January 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10805
CF/
|
2004-01793 Fremont Indemnity Company, respondent, v Construction Force Services, Inc., appellant. (Index No. 2781/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10827
Y/nal
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2002-01039
G&S Clam Bar, Inc., et al., appellants, v George A. Melillo, et al., respondents. (Index No. 17628/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated January 11, 2002, which was determined by decision and order of this court dated February 18, 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, with $100 costs.
SANTUCCI, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10808
CF/
|
2003-08999 Gellert & Rodner, appellant, v GEM Community Management, Inc., et al., respondents. (Index No. 9556/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 25, 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10840
Y/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-05857, 2003-06766
Aliza Halali, et al., respondents-appellants, v Evanston Insurance Company, appellant-respondent. (Index No. 51706/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on appeals and a cross appeal from two orders of the Supreme Court, Kings County, dated April 14, 2003, and June 18, 2003, respectively, to strike the addendum to the brief of the respondents-appellants on the ground that it contains material 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 as academic, as the addendum in question is not attached to the brief of the respondents-appellants on file with the Clerk of this court.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10803
CF/
|
2004-01273 Samuel L. Hall, respondent, v Raymond C. Jones, appellant. (Index No. 14026/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10730
C/mv
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2003-08051 Holyland Iron Works, appellant, v Keystone Construction Corp., et al., respondents. (Index No. 45310/02)
| DECISION & ORDER ON MOTION Motion to Withdraw Appeal |
Motion by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 1, 2003.
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 appeal is deemed withdrawn, without costs or disbursements.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10807
CF/
|
2004-00650 Hospital for Special Surgery, etc., et al., appellants, v Government Employees Insurance Company, respondent. (Index No. 7400/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 15, 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10809
CF/
|
2004-00330 Pastora Irrizary, et al., appellants, v Dong Eun Kim, respondent. (Index No. 11719/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 3, 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10811
CF/
|
2003-09957 Nancy Jacobs, appellant, v Robert W. Donahue, et al., respondents. (Index No. 7330/96)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 30, 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10791
S/sl
|
2003-07031, 2003-09637
Ethel Jones, et al., respondents, v New York City Housing Authority, appellant.
(Index No. 7500/97)
| 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 appeals from two orders of the Supreme Court, Kings County, both dated June 25, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10735
C/mv
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2004-02798 Zenaida Keselman, et al., appellants, v Park Avenue Gastroenterology, P.C., et al., respondents. (Index No. 7538/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 24, 2003, on the ground that the notice of appeal was never filed, and the appellants have taken no steps 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 motion is granted and the appeal is dismissed, without costs or disbursements.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10810
CF/
|
2003-09381 Ann LaGrassa, respondent, v County of Nassau, et al., defendants, Village of Mineola, appellant. (Index No. 12673/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 5, 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10801
CF/
|
2004-01849 Farida Lalani, respondent, v Hamid Lalani, appellant. (Index No. 16507/98)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated January 7, 2004.
Upon the stipulation of the parties, dated April 9, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10828
M/nal
|
2004-02092
Anthony Lomonaco, respondent, v Lisa Lomonaco, appellant. (Index No. 16239/97)
| ORDER TO SHOW CAUSE |
Appeal by Lisa Lomonaco from an order of the Supreme Court, Suffolk County, dated February 23, 2004. By scheduling order dated March 17, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 17, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M10796
CF/
|
2004-00601 Bartoli Massimiliano, respondent, v Asto Construction Corp., et al., appellants, et al., defendant. (Index No.45469/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10788
R/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-00329
Dean Nasca, et al., respondents, v Town of Brookhaven, et al., appellants. (Index No. 18052/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents pro se to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 2003, to impose sanctions against the appellants and their attorneys, and to enlarge the time to serve and file their brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to raising the issues presented in that branch of the motion in the respondents' brief; and it is further,
ORDERED that the branch of the motion which is to enlarge time is granted, the respondents' time to serve and file their respondents' brief is enlarged until May 28, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10815
L/
|
2003-08948 Frank Olivetto, respondent, v Victor Gaines, et al., appellants, et al., defendants. (Index No. 2199/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated September 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10523
J/sl
|
2003-09014
Calvin Perkins, et al., respondents, v City of New York, appellant. (Index No. 6346/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until May 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
M10795
Y/mv
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2002-11585
Lawrence Piquette, et al., respondents, v City of New York, et al., appellants, et al., defendants. (Index No. 44110/95)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated December 3, 2002, which was determined by decision and order of this court dated February 9, 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., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10804
CF/
|
2003-11020 Stacy Reich, appellant, v Ardsley Country Club, Inc., et al., respondents. (Index No. 11770/93)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an amended order of the Supreme Court, Westchester County, entered December 2, 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10821
L/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2001-07992
Susan Repack, respondent, v A & K Sanford Realty Corporation, appellant. (Index No. 1202/00)
| 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, Queens County, dated July 13, 2001.
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., SMITH, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
April 29, 2004
REPACK v A & K SANFORD REALTY CORPORATION
Appellate Division: Second Judicial Department
M10797
CF/
|
2003-07854 Channing Reuschenberg, et al., appellants- respondents, v Town of Huntington, respondent- appellant. (Index No. 11207/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Suffolk 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10794
Y/mv
GABRIEL M. KRAUSMAN, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-04347
Kenya Richardson, et al., respondents, v Yasuda Bank and Trust Company (USA), et al., appellants, et al., defendants. (Index No. 28861/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated April 3, 2003, which was determined by decision and order of this court dated March 8, 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.
KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10836
Y/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-07923
Tanya Robinson, appellant, v Marie Soutar, et al., respondents. (Index No. 8493/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 6, 2003, on the grounds that the record on appeal served and filed by the appellant is incomplete and includes material dehors the record, 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 dismiss the appeal is denied on condition that, on or before June 1, 2004, the appellant (1) serves and files a supplemental record containing the opposition papers of Francis Scholl dated July 31, 2003, and the exhibits thereto submitted in opposition to the appellant's motion to vacate, and (2) removes from all copies of the record on appeal on file with this court pages 209 through 216, 217, 218, and 221; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the respondents' time to serve and file a brief is enlarged until July 1, 2004, and the respondents' brief must be served and filed on or before that date.
KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10771
O/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2004-02962 Stanley Ross, appellant, v Sylvia Ross, respondent. (Index No. 201762/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated April 2, 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.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10778
Y/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-01827 Anthony Scardace, et al., respondents, v Mid-Island Hospital, Inc., et al., appellants. (Index No. 22223/92)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 4, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted to the extent that the respondents' time to serve and file a brief is enlarged until June 30, 2004, and the respondents' brief must be served and filed on or before that date, and the motion is otherwise denied.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10669
C/mv
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-03754 Matthew Schmiemann, et al., respondents, v State Farm Fire & Casualty Company, et al., appellants, Ezra Cubero, etc., et al., defendants. (Index No. 14349/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated March 4, 2003, to strike the brief submitted by the defendants Ezra Cubero and Victoria Cubero on the ground that they are not aggrieved by the order appealed from.
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
M10733
R/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2004-02512 Medhat Shenouda, plaintiff, v Lewis D. Cohen, defendant. (Index No. 8847/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated March 8, 2004, and for leave to prosecute the appeal as a poor person, to waive the filing fee, and for leave to serve and file less than nine copies of his brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied as unnecessary as the order is appealable as of right; and it is further,
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted; the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10765
C/mv
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-06782 Dawn Taylor, respondent, v Joel Saal, et al., appellants. (Index No. 3652/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Orange County, dated June 27, 2003, which was determined by decision and order of this court dated February 17, 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.
SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10824
L/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-02221 John Tkas, plaintiff-respondent, v Dominion Construction, Corp., appellant, Schnabel Roofing of Long Island, Inc., defendant- respondent. Index No. 12245/99)
| 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, Nassau County, dated January 27, 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.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10732
C/mv
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2003-07686 Town of Putnam Valley, respondent, v Ann Marie Sacramone, appellant. (Index No. 660/00)
| DECISION & ORDER ON MOTION |
Motion by David O. Wright, the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Putnam County, dated August 5, 2003.
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 David O. Wright is relieved from representing the respondent with respect to the instant appeal; and it is further,
ORDERED that on or before June 2, 2004, David O. Wright is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the respondent, without leave of the court, until the expiration of 30 days after service upon it of a copy of this decision and order; and it is further,
ORDERED that the respondent's time to serve and file a brief is extended until 30 days after service upon it of a copy of this decision and order.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10775
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-04667
Henry R. Weber, et al., plaintiffs-respondents, v Pathmark Stores, Inc., etc., defendant third-party plaintiff-respondent; D&D Elevator Maintenance, Inc., third-party defendant-appellant. (Index No. 23425/00)
| ORDER TO SHOW CAUSE |
The third-party defendant, D&D Elevator, having appealed to this court from an order of the Supreme Court, Queens County, dated March 28, 2003, and having perfected the appeal on October 2, 2003, and the respondents having filed their separate briefs on December 3, 2003, the matter was placed on this court's calendar for March 11, 2004. By letter dated March 3, 2004, counsel for the appellant advised this court that "the parties to the third-party action, including appellant D&D Elevator, have agreed to arbitration" and further requested that the appeal be removed from the court's calendar and advised that a stipulation withdrawing the appeal would be submitted. On March 4, 2004, counsel for the appellant forwarded to this court a copy of the "stipulation of discontinuance" of the action which was dated December 15, 2003, along with a copy of a release which had been executed on December 11, 2003. By order to show cause dated March 18, 2004, the parties or their counsel were directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now on the court's own motion, and upon the papers filed in opposition thereto, it is
ORDERED that within 20 days after the service upon it of a copy of this decision and order on motion, the law firm of Goldberg Segalla, LLP, counsel for the appellant, is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further, ORDERED that within 20 days after service upon them of a copy of this decision and order on motion the law firm of Sobel & Kelly, P.C., counsel for the defendant third-party plaintiff-respondent, and the law firm of Lipsig, Shapey, Manus & Moverman, P.C., counsel for the plaintiffs-respondents are each directed to pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Queens County, shall enter judgment accordingly (see 22 NYCRR 130-1.2)
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that "if any issues [on an appeal] are wholly or partially rendered moot * * * 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]).
Under the circumstances, the parties' failure to promptly advise this court that the action had been discontinued on December 15, 2003, warrants the imposition of a sanction in the amount indicated.
ALTMAN, J.P., FLORIO, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10762
O/mv
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-11273 Jomo Williams, appellant, v State of New York, respondent. (Claim No. 100879)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims, dated May 1, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., TOWNES, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10731
R/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2003-09262, 2003-09264 Linford Wilson, et al., appellants, v Power House Development Corp., respondent.
(Index No. 9280/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect appeals from a decision of the Supreme Court, Queens County, dated June 6, 2002 (Appellate Division Docket No. 2003-09264), and an order of the same court dated August 29, 2003 (Appellate Division Docket No. 2003-09262).
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal from the decision dated June 6, 2002, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the branch of the motion for an enlargement of time to perfect the appeal from the order dated August 29, 2003, is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal from the order dated August 29, 2003, is enlarged until June 30, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10645
A/nal
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-11386 In the Matter of Patricia Callan, respondent, v Joseph F. Kadillak, appellant. (Docket No. F-1193/01)
| DECISION & ORDER ON MOTION |
Appeal by Joseph F. Kadillak from an order of the Family Court, Nassau County, dated November 5, 2003. By order to show cause dated March 19, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above entitled proceeding for failure to comply with a scheduling order dated January 9, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.
Now, on the court's own motion and upon the papers filed in support of the application, and no other papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the order to show cause is denied as academic.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10833
M/nal
|
2003-09857
In the Matter of Evelyn Castiglione, appellant, v Ronald Castiglione, respondent. (Docket No. F-2429/01)
| ORDER TO SHOW CAUSE |
Appeal by Evelyn Castiglione from an order of the Family Court, Suffolk County, dated October 2, 2003. By order dated February 27, 2004, the appellant was granted until April 15, 2004, 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 a brief on the appeal. The appellant has failed to comply with the order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated, February 27, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10783
Y/mv
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-05444 In the Matter of Gregory Chrysler, appellant, v Town of Newburgh Police Department, et al., respondents. (Index No. 893/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Orange County, dated April 1, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10825
M/nal
|
2004-01917
In the Matter of Natale D'Altilio, appellant, v Joy I. D'Altilio, respondent. (Docket No. F-01816-03)
| ORDER TO SHOW CAUSE |
Appeal by Natale D'Altilio from an order of the Family Court, Orange County, dated January 30, 2004. By scheduling order dated March 15, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 15, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10691
C/mv
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-07633 In the Matter of DSMG Corp., respondent, v State of New York Division of Housing and Community Renewal, etc., appellant. (Index No. 50522/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to serve and file a supplemental record on an appeal from an order of the Supreme Court, Kings County, dated July 9, 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 on the court's own motion, the notice of appeal from the order dated July 9, 2003, is deemed an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that on or before May 28, 2004, the respondent shall serve and file a supplemental record containing copies of the photographs attached to the moving papers as Exhibit 2; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until May 28, 2004.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10822
M/nal
|
2003-10715
In the Matter of Ayinde Fair, appellant, v Children's Aid Society, et al., respondents. (Docket No. P-16829/03)
| ORDER TO SHOW CAUSE |
Appeal by Ayinde Fair from an order of the Family Court, Queens County, dated October 28, 2003. By decision and order on motion dated March 5, 2004, the appellant was granted until April 19, 2004, 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 a brief on the appeal. The appellant has failed to comply with the order dated March 5, 2004. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated March 5, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10774
Y/mv
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-08288 In the Matter of Foreclosure of Tax Liens. County of Dutchess, respondent; James Milano, appellant. (Index No. 2869/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated July 31, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, on condition that on or before June 4, 2004, the appellant files a supplemental record containing the "Petition and Notice of Foreclosure" dated December 11, 1998, and any exhibits thereto; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until July 5, 2004 , and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10793
S/sl
|
2003-08303 In the Matter of 49 Realty Company, a/k/a 49 Realty Company, LLC, appellant, v Commissioner of Finance, respondent. (Index No. 29609/90)
| 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 and judgment (one paper) of the Supreme Court, Kings County, dated August 4, 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
M10799
CF/
|
2004-01542 In the Matter of Government Employees Insurance Company, respondent, v Allen Gewirtz, appellant. (Index No. 23525/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10670
A/nal
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-10284, 2003-10285, 2003-10286, 2004-01737, 2004-01738
In the Matter of Ketevan Grigolava, respondent, v Gia Melikishvili, appellant.
(Docket No. F-8616-02/03C)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute appeals from five orders of the Family Court, Suffolk County, two dated September 25, 2002, and one each dated October 8, 2003, December 1, 2003, and January 30, 2004, respectively, as a poor person, and for the assignment of counsel, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]).
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10718
R/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2003-03385 In the Matter of Jessica M. Hutchison, appellant, v Albert J. Pirro, Jr., respondent. (Docket No. F-10801-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Family Court, Westchester County, dated March 18, 2003, to impose sanctions against the respondent and his counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until May 13, 2004, and the respondent's brief must be served and filed on or before that date.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10832
Y/nal
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-02380
In the Matter of Annie Keeling (Vincent Owens), appellant, v People of the State of New York, respondent. (Ind. Nos. 5730/93, 257/94, 258/94, 352/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 23, 2002, and to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 17, 2004, 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; and it is further,
ORDERED that the branch of the motion which is to waive the requirements regarding certification of the record is denied with leave to renew upon the perfection of the appeal.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10812
Y/mv
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN, JJ.
|
2003-04839 In the Matter of Eric Levande, respondent, v Devorah Levande, a/k/a Devorah Shabtai, appellant. (Docket No. V-9467/01)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian to dismiss an appeal from an order of the Family Court, Kings County, dated May 29, 2003, on the grounds that it has been rendered academic and the appeal is without merit.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is denied without prejudice to renew upon the entry of a final order of custody in the Family Court, Kings County, if this appeal has not been determined by that time, and the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the scheduling order of this court dated March 2, 2004, is amended to provide that the briefs of the respondent and Law Guardian shall be served and filed on or before May 20, 2004.
PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10814
CF
|
2003-05071 In the Matter of Gerald Leonard Levy, an attorney and counselor- at- law.
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 5, 2004, in the above-entitled matter is amended by deleting from the footer thereof the year "2003" and substituting therefor the year "2004."
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10829
M/nal
|
2004-01929
In the Matter of Destiny Diamond Porsha N.-R. (Anonymous). Episcopal Social Services, respondent; Juliann C. N. (Anonymous), appellant. (Docket No. B-11796/01)
| ORDER TO SHOW CAUSE |
Appeal by Juliann C. N. from an order of the Family Court, Kings County, dated January 8, 2004. By scheduling order dated March 17, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 17, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10826
M/nal
|
2004-00844, 2004-00845
In the Matter of Anjel Ohanian, respondent, v Gary Ohanian, appellant. (Docket No. F-00704/01)
| ORDER TO SHOW CAUSE |
Appeals by Gary Ohanian from two orders of the Family Court, Nassau County, dated August 19, 2003, and December 12, 2003, respectively. By scheduling order dated March 15, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated March 15, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10631
C/nal
FRED T. SANTUCCI, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-02775
In the Matter of Elesabif P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. In the Matter of Isabel P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. In the Matter of Tanya P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Docket No. NN-26038-40/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the enforcement of so much of an order of the Family Court, Kings County, dated April 1, 2004, as reinstated the respondent's unsupervised day visits with the subject children, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the enforcement of so much of the order of the Family Court, Kings County, dated April 1, 2004, as reinstated the respondent's unsupervised day visits with the subject children is stayed, pending hearing and determination of the appeal.
SANTUCCI, J.P., TOWNES, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10787
Y/mv
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-03894 In the Matter of Judith M. Pellegrino, petitioner, v Victoria Casey, et al., respondents. (Index No. 4616/02)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - January 2004 Calendar", dated February 6, 2004, as dismissed a proceeding pursuant to CPLR article 78 that had been transferred to this court by order of the Supreme Court, Orange County, dated April 9, 2003, pursuant to 22 NYCRR 670.8(e) 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 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
Appellate Division: Second Judicial Department
M10763
C/mv
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2004-00658 In the Matter of Plaza Homes, LLC, petitioner, v Sonia Cole, respondent. (Index No. 51314/01)
| DECISION & ORDER ON MOTION |
Motion by Sonia Cole, inter alia, in effect, for leave to reargue her motion for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, 2nd and 11th Judicial Districts, dated August 15, 2003, which dismissed an appeal from an order of the Civil Court, Queens County, dated May 29, 2001, and affirmed an order of the same court dated November 21, 2001, which was determined by decision and order on motion of this court dated February 20, 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.
ALTMAN, J.P., H. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10798
CF/
|
2004-02366 In the Matter of Joseph Presti, v Lori Presti, respondent. (Docket No. F-2876-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated February 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10776
O/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-02718 In the Matter of Abigail Roman, respondent, v Anthony Carnegie, appellant. (Docket No. F-100-01)
| DECISION & ORDER ON MOTION |
Appeal by Anthony Carnegie from an order of the Family Court, Suffolk County, dated March 3, 2003. By order to show cause dated March 16, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated December 23, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated December 23, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until June 28, 2004.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10806
CF/
|
2003-11325 In the Matter of Regina Smith, respondent, v American Transit Insurance Company, appellant. (Index No. 8507/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 31, 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 marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10671
A/nal
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-00809
In the Matter of Suffolk County Department of Social Services, etc., respondent, v Barbara Sass, appellant. (Docket No. F-3249/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Family Court, Suffolk County, dated December 16, 2002, to amend the caption, and to waive the filing fee for this motion.
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 waive the filing fee for this motion is granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the order of this court dated February 2, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until June 17, 2004; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10785
Y/mv
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-07178 In the Matter of Luis Torres, appellant, v Glenn Goord, etc., respondent. (Index No. 3902/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated January 29, 2004, which dismissed an appeal from an order of the Supreme Court, Dutchess County, dated February 4, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, 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 motion is denied.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10830
M/nal
|
2004-01930
In the Matter of Anthony Jerome W. (Anonymous). Episcopal Social Services, respondent; Juliann C. N. (Anonymous), appellant. (Docket No. B-18854/99)
| ORDER TO SHOW CAUSE |
Appeal by Juliann C. N. from an order of the Family Court, Kings County, dated January 8, 2004. By scheduling order dated March 17, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated March 17, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10834
M/nal
|
2004-00035
In the Matter of Christopher W. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 1) In the Matter of Destiny R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 2) In the Matter of Michael R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondent. (Proceeding No. 3) (Docket Nos. NN-3669/03, NN-3670/03, NN-3671/03)
| ORDER TO SHOW CAUSE |
Appeal by Kathleen W. from an order of the Family Court, Orange County, dated October 31, 2003. By decision and order on motion of this court dated March 25, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before April 15, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before May 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10800
CF/
|
2001-02174
The People, etc., respondent, v Vernon Gantt, appellant. (Ind. No. 2663/98)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered March 7, 2001.
Upon the stipulation of the parties, dated April 23, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10734
C/mv
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2003-04324 The People, etc., respondent, v Zakiy Hinds, appellant. (Ind. No. 1138/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered April 4, 2003.
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 respondent's time to serve and file a brief is enlarged until June 1, 2004, and the respondent's brief must be served and filed on or before that date.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10779
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-06561 The People , etc., respondent, DECISION & ORDER v Frank Nitti, appellant. (Ind. No. 683/01)
| ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 30, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 19, 2002, and to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to be provided with copies of the minutes which occurred before the Grand Jury on January 24, 2001, police reports, lab reports, and other material.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcripts of the proceedings, if any, is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion is otherwise denied.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., ADAMS, TOWNES, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02 R 3426
Cape Vincent Corr. Fac.
Route 12E - Box 739
Cape Vincent, New York 13618