Appellate Division: Second Judicial Department
M11418
CF/
|
2003-07917 Guillermo E. Alarcon, et al., appellants, v Stahl York Avenue Co., et al., respondents. (Index No. 2624/98)
| 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 June 16, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M11408
CF/
|
2003-10524 Ahron Benvenisti, et al., respondents, v Yingzhou Yang, appellant. (Index No. 46878/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 23, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M11420
CF/
|
2004-00177 Barbara Bolling, appellant, v John Neriam, et al., respondents. (Index No. 7902/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 1, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M11394
C/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-01473, 2004-03169 Janet Callaghan, respondent, v Gerard Callaghan, defendant; Allan J. Berke, nonparty-appellant. (Index No. 3094/01)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant, inter alia, to calendar appeals from two orders of the Supreme Court, Westchester County, entered February 10, 2004, and dated March 19, 2004, respectively, for the same day, and for a preference in the hearing and determination of the appeals. Cross motion by the respondent, inter alia, to enlarge the time to serve and file her briefs on both appeals.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to calendar the appeals for the same day is granted; the appeals shall be heard together, and shall be argued or submitted on the same day; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file her briefs on the appeals is granted, and the respondent's briefs on both appeals shall be served and filed on or before June 18, 2004; and it is further,
ORDERED that the cross motion is otherwise denied.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11406
CF/
|
2003-10118 Salvatore Cannizzo, appellant, v Phillip K. St. Amand, respondent. (Index No. 33523/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 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
M11456
J/sl
|
2003-10244
Allen Yao-Hung Chang, et al., appellants, v SDI International, Inc., et al., respondents. (Index No. 12816/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 22, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11452
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2003-11187
Cooper, Bamundo, Hecht & Longworth, LLP, respondent, v Gregory Kuczinski, et al., appellants. (Index No. 7605/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated October 13, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2003-11151.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11449
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-02012
Peter Cruciata, respondent, v Josephine Cruciata, appellant. (Index No. 5676/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the defendant from a judgment of the Supreme Court, Richmond County, dated December 19, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a judgment entered upon the stipulation of the appealing party (see Tongue v Tongue, 61 NY2d 809).
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11451
J/sl
|
2003-09016
Desert Storm Construction Corporation, respondent, v SSSS Limited Corporation, etc., et al., appellants. (Index No. 17148/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated September 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11458
J/sl
|
2003-07565 Elfriede Diel, appellant, v Gail Rosenfeld, respondent. (Index No. 2572/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated July 16, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 3, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11428
L/
|
2004-01082
Carol Esposito, respondent, v St. Vincent's Catholic Medical Center of New York, s/h/a St. Vincent's Hospital, appellant, et al., defendants. (Index No. 10489/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated October 23, 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
M11415
CF/
|
2003-10128 Michael Geoghean, et al., plaintiffs, v Yorktown Family Golf Center, Inc., et al., defendants-respondents; Anthony Golia, etc., et al., plaintiffs-appellants. (Index No. 5687/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated 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
M11417
CF/
|
2003-07594 Gino Giannuzzi, et al., respondents, v Anthony D'Agostino, appellant. (Index No. 7891/00)
| 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 August 8, 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
M11419
CF/
|
2004-02934 John Gravelli, plaintiff-respondent, v Lawrence Grillo, et al., defendants-respondents, Joseph Fiore, et al., defendants-appellants. (Index No. 13755/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated February 6, 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
M11392
PL/sl
|
2003-08355
Earl Greenberg, et al., appellants, v Astoria Federal Savings & Loan Association, et al., respondents. (Index No. 22030/97)
| 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, Queens County, dated August 13, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 14, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11414
CF/
|
2004-02918 Cynthia Hinds, respondent, v v Noel Rivera, et al., appellants. (Index No. 37388/01)
| 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 January 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11405
CF/
|
2003-10340 Mary Iammatteo, appellant, v Eger Health Care Center, respondent. (Index No. 10294/95)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Richmond County, dated October 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
M11402
CF/
|
2003-10120 Israel Jacobowitz, etc., et al., appellants, v Downstate Surgical Billing, Inc., et al., respondents. (Index No. 45395/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 9, 2003.
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
M11421
CF/
|
2004-01095 Mohammed Ashiq Khan, et al., appellants, v K & D Equipment Leasing Corp., et al., respondents. (Index No. 29878/01)
| 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 December 11, 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
M11407
PL/sl
|
2003-08790
Edward Deane Leonard, et al., appellants, v Clove Valley Rod & Gun Club, Inc., defendant, James Daly, et al, respondents. (Index Nos. 5642/99, 872/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated July 31, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 19, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11409
CF/
|
2004-01053 David Levison, appellant, v Susan Levison, respondent. (Index No. 18066/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 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
M11460
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-03555
Marian Levy, et al., appellants, v William Greenberg, etc., et al., respondents. (Index No. 42575/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the plaintiffs from a transcript of the Supreme Court, Kings County, dated December 10, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717) .
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11400
PL/sl
|
2003-09245
Lee Long, appellant, v State of New York, respondent.
(Claim No. 106274)
| 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 Court of Claims dated August 18, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 24, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11397
PL/sl
|
2003-10156 Louis Puccio Developments, Inc., respondent, v James Dean, et al., appellants. (Index No. 7834/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered September 16, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 13, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11423
CF/
|
2004-01074 Pierre Antoine Robert Louis, respondent, v Audi Financial Service, et al., appellants. (Index No. 5521/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated December 18, 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
M11312
CF/
|
2003-09035
Francis Madden, plaintiff, v 211 East 70th Street Co., et al., defendants third-party plaintiffs- appellants; James M. LaRossa, et al., third-party defendants-respondents (and another action). (Index No. 7394/97)
| 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 September 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
M11455
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2003-08223 Joshue Maldonado, respondent, v Ying Li, et al., appellants. (Index No. 8005/02)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from an order of the Supreme Court, Kings County, dated August 11, 2003. The appeal was perfected on May 10, 2004. The court has been advised that the attorney for the plaintiff has died.
THE PLAINTIFF IS HEREBY ADVISED
That CPLR 321(c) provides that if an attorney for a party dies "no further proceeding shall be taken in the action against the party for whom he [or she] appeared, without leave of court, until thirty days after notice to appoint another attorney has been served upon that party either personally or in such manner as the court directs."
On the court's own motion it is:
ORDERED that pursuant to CPLR 321(c) no further proceedings shall be taken on this appeal, without leave of the court, until the expiration of 30 days after service upon the plaintiff of a copy of this decision and order on motion; 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 on motion upon the plaintiff by regular mail, on or before May 20, 2004; and it is further,
ORDERED that the plaintiff's time to serve and file a respondent's brief is enlarged until June 25, 2004, and the respondent's brief shall be served and filed on or before that date.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11425
L/
|
2004-00795
Mary Ann Malone, et al., appellants, v Ram P. Sharma, respondent. (Index No. 11400/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 15, 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
M11413
CF/
|
2003-10433 Miguel A. Martinez, respondent, v Quan Fu Zhang, appellant. (Index No. 20521/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 22, 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
M11429
L/
|
2004-00940
Phyllis McKenzie, appellant, v New York City Transit Authority, respondent. (Index No. 1291/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated December 5, 2003.
Upon the stipulation of the parties, dated May 3, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11427
L/
|
2004-00497
Alina Mondel, respondent, v Margaret Wu, et al., appellants. (Index No. 53856/02)
| 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 December 15, 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
M11410
CF/
|
2004-00591 Montefiore Medical Center, etc., respondent, v Farm Family Casualty Insurance Company, appellant. (Index No. 6885/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated December 17, 2003.
Upon the stipulation of the parties, dated April 27, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11403
CF/
|
2004-01976 Larisa Mumarova, appellant, v Hilton Hotels Corporation, et al., respondents. (Index No. 18375/01)
| 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 10, 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
M11411
CF/
|
2004-00986 New York Hospital Medical Center of Queens, a/a/o Woonsak Kim, et al., appellants, v Progressive Casualty Insurance Company, respondent. (Index No. 11952/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated December 30, 2003.
Upon the stipulation of the parties, dated April 27, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11457
O/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-02743 Anthony Niceforo, respondent, v Roe Avenue Associates, Inc., et al., appellants, et al., defendants. (Index No. 24207/01)
| 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, Suffolk County, dated February 24, 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.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11404
S/sl
|
2003-02483, 2003-04542, 2003-07181
Mendel E. Ofman, appellant, v Martin Campos, et al, respondents. (Action No. 1) (Index No. 14119/00) Martin Campos, respondent, v Mendel E. Ofman, appellant. (Action No. 2) (Index No. 33007/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from three orders of the Supreme Court, Kings County, dated October 25, 2002, March 4, 2003, and June 16, 2003, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until May 17, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11396
S/sl
|
2003-10139
P. T. (Anonymous), etc., et al., appellants-respondents, v Children's Village, etc., respondent-appellant, Westchester County Health Care Corporation, etc., respondent, et al., defendants. (Index No. 1440/03)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Weschester County, dated October 14, 2003, and cross application by the respondent-appellant for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until May 27, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before July 6, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondent shall serve and file its brief on or before August 11, 2004; and it is further,
ORDERED that the reply briefs shall be served and filed 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
M11448
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-02399
Stephanie Perell, respondent, v Clifford Krause, appellant. (Index No. 5586/98)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the defendant from an order of the Supreme Court, Westchester County, dated January 27, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order was superseded by a judgment dated February 23, 2004, an appeal from which is pending under Appellate Division Docket No. 2003-02397 (see Matter of Aho, 39 NY2d 241, 248).
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11444
S/sl
|
2003-10318
John Purcell, et al., appellants, v Commonwealth Land Title Insurance Company, respondent. (Index No. 2392/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated October 7, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11399
CF/
|
2004-01337 Ray Riggs, respondent, v Ray Levine, et al., appellants. (Index No. 2071/03)
| 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 January 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11432
L/
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-08302
Donald Ritacco, et al., appellants, v John T. Villanova, Jr., et al., respondents. (Index No. 19641/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 12, 2003.
Upon the stipulation of the attorneys for the respective parties, dated August 12, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., ALTMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11398
CF/
|
2004-00933 Georgeana Rivera, respondent, v Ross Newcomb, et al., appellants. (Index No. 16698/02)
| 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 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
M11430
L/
|
2004-00516
Joseph Romano, respondent, v Anatoly Furmanov, appellant. (Index No. 11123/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 3, 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
M11412
CF/
|
2004-01733 Eli Salem, et al., appellants, v New York City Housing Authority, respondent. (Index No. 44807/03)
| 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 February 27, 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
M11426
L/
|
2003-10924
Diane Thomas, appellant, v Fuchsberg & Fuchsberg, respondent. (Index No. 35258/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 26, 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
M11431
L/
|
2004-00189
Johnnie Valladares, plaintiff-respondent, v Alvaro A. Orellana, defendant third- party plaintiff-appellant; Mary Denisco, et al., third-party defendants-respondents. (Index No.17123/01)
| 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 November 12, 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
M11434
E/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2003-01439 Pamela Vega, etc., et al., respondents, v Stimsonite Corporation, appellant, et al., defendants. (Index No. 6360/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated January 13, 2003, inter alia, to enlarge the record on appeal and for a preference in the calendaring of the appeal. Cross motion by the appellant, inter alia, for costs and sanctions.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11424
L/
|
2003-02238
Eugene L. Wasserman, respondent, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 47659/97 )
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated January 29, 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
M11461
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-03936
Marianna Zimmer, respondent, v 112 Glen Cove Avenue Corp., appellant. (Index No. 17006/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the defendant from a transcript of the Supreme Court, Queens County, dated March 31, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717).
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11453
J/sl
|
2004-00750 In the Matter of American Home Assurance Company, appellant, v Joyce Manzo, et al., respondents. (Index No. 26497/01)
| ORDER ON APPLICATION |
Application by the respondent Nationwide Mutual Insurance Company 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, Queens County, entered December 22, 2003.
ORDERED that the application is granted and the time of the respondent Nationwide Mutual Insurance Company to serve and file a brief is enlarged until June 11, 2004, and that 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
M11401
C/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-01020 In the Matter of Ronald Atkins, appellant, v New York State Board of Parole, respondent. (Index No. 7064/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue a motion for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated December 15, 2003, as a poor person, which was determined by decision and order on motion of this court dated March 12, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until August 2, 2004.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11462
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-03252
In the Matter of Dolares Banks, respondent, v Sears Breeden, appellant. (Docket No. U-13036-92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Sears Breeden from an order of the Family Court, Kings County, dated March 9, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11393
C/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2003-10481 In the Matter of Leslie Barnes, respondent, v Janette Mickelsen-Barnes, appellant. (Docket No. O-7954/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for poor person relief and the assignment of counsel on an appeal from an order of the Family Court, Westchester County, dated October 15, 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.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11360
M/nal
|
2003-07793, 2003-07794
In the Matter of Hilary Best, appellant, v Alma Belgrave, respondent. (Docket No. O-05234-03)
| SCHEDULING ORDER |
Appeals by Hilary Best from two orders of the Family Court, Queens County, dated July 10, 2003, and July 31, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on April 30, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11384
M/nal
|
2003-08103
In the Matter of Jose C. (Anonymous), appellant. (Docket No. D-19168-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated August 25, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until May 28, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11133
A/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-04594
In the Matter of Brandy Cambridge, appellant, v Scott Alan Cambridge, respondent. (Docket No. V-11733/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated May 13, 2003, inter alia, to strike portions of the respondent's brief on the ground that it refers to matter dehors the record, and to enlarge her time to serve and file a reply brief on the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to strike portions of the respondent's brief 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 branch of the motion which is to enlarge the time to serve and file a reply brief is granted; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until May 20, 2004, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11377
M/nal
|
2003-08307
In the Matter of Kristine Carlson, respondent, v Kenneth C. Carlson, appellant. (Docket No. F-538/00)
| SCHEDULING ORDER |
Appeal by Kenneth C. Carlson from an order of the Family Court, Westchester County, dated August 22, 2003. By decision and order of this court dated April 6, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied, with leave to renew on or before May 3, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11387
M/nal
|
2004-01794 In the Matter of Elizabeth Eggleton, appellant, v Geraldine Clark, respondent. (Docket Nos. V-16855-03, V-16856-03)
| SCHEDULING ORDER |
Appeal by Elizabeth Eggleton from an order of the Family Court, Suffolk County, dated January 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on May 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11381
M/nal
|
2003-11034 In the Matter of Rachael G. (Anonymous), etc., petitioner, v Radames G. (Anonymous), respondent. (Proceeding No. 1) (Docket No. O-18003/02) In the Matter of Davin G. (Anonymous). Administration for Children's Services, appellant; Radames G. (Anonymous), respondent. (Proceeding No. 2) (Docket No. N-1850/03) In the Matter of Daniel G. (Anonymous). Administration for Children's Services, appellant; Radames G. (Anonymous), respondent. (Proceeding No. 3)
(Docket No. N-1851/03)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated December 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed on or before June 7, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11379
M/nal
|
2003-11382 In the Matter of Sharon Gast, respondent, v Thomas Gast, appellant. (Docket No. V-352/91)
| SCHEDULING ORDER |
Appeal by Thomas Gast from an order of the Family Court, Suffolk County, dated December 9, 2003. By decision and order of this court dated April 12, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied, with leave to renew on or before May 3, 2004. The appellant has not renewed the motion. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 20 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 20 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11371
M/nal
|
2003-10713 In the Matter of Daffodil Graham, respondent, v Michael White, appellant. (Docket No. V-11769/02)
| SCHEDULING ORDER |
Appeal by Michael White from an order of the Family Court, Westchester County, dated October 28, 2003. By decision and order on motion of this court dated April 30, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
John F. DeChiaro, Esq.
2001 Palmer Road - Suite 204
Larchmont, New York 10538
(914) 834-4400
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated April 30, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11374
M/nal
|
2003-02079, 2003-02109 In the Matter of Dalzelle Monique H. (Anonymous). Child Development Support Corp., respondent; Zenobia H. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-2646/01) In the Matter of Fernando Ricardo H. (Anonymous). Child Development Support Corp., respondent; Zenobia H. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-2647/01)
| SCHEDULING ORDER |
Appeals by Zenobia H. from two orders of the Family Court, Kings County, both dated January 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 4, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11383
M/nal
|
2003-05652
In the Matter of Stephone H. (Anonymous), appellant. (Docket No. D-906-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Orange County, dated May 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11380
M/nal
|
2002-09833 In the Matter of Debra L. Herman, respondent, v Robert J. Herman, appellant. (Docket No. F-1624-98)
| SCHEDULING ORDER |
Appeal by Robert J. Herman from an order of the Family Court, Nassau County, dated September 11, 2002. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until June 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11373
M/nal
|
2003-11006 In the Matter of Susan B. Huddleston, respondent, v Norman Huddleston, appellant. (Docket No. F-13645/02)
| SCHEDULING ORDER |
Appeal by Norman Huddleston from an order of the Family Court, Westchester County, dated November 7, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until June 21, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11362
M/nal
|
2004-02527
In the Matter of Kelly M. King-Smith, respondent, v James E. Smith, appellant. (Docket No. O-19626-03)
| ORDER TO SHOW CAUSE |
Appeal by James E. Smith from an order of the Family Court, Suffolk County, dated February 20, 2004. By scheduling order dated April 2, 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 April 2, 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 June 1, 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
M11422
CF/
|
2004-01859 In the Matter of Arthur Krakower, appellant, v Elisa Rosenberg Krakower, respondent. (Docket No. F-5729-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated February 27, 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
M11382
M/nal
|
2001-00651 In the Matter of Besthani M. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Pedro M. (Anonymous), appellant; Ana S. (Anonymous), nonparty- respondent. (Docket No. N-08105/98)
| SCHEDULING ORDER |
Appeal by Pedro M. from an order of the Family Court, Kings County, dated December 14, 2000. The appellant's brief was filed in the office of the Clerk of this court on May 11, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11378
M/nal
|
2004-00380 In the Matter of Franklin M. (Anonymous), appellant. (Docket No. D-10089-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Nassau County, dated January 2, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until May 26, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11369
M/nal
|
2004-00472 In the Matter of Lorraine Montez, respondent, v Santiago Montez, appellant. (Docket No. F-15540/02)
| SCHEDULING ORDER |
Appeal by Santiago Montez from an order of the Family Court, Westchester County, dated December 8, 2003. By decision and order on motion of this court dated April 30, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11368
M/nal
|
2004-01616, 2004-01619 In the Matter of Distiny Angelina N. (Anonymous). Administration for Children's Services, petitioner- respondent; Luis N. (Anonymous), appellant, et al., respondent. In the Matter of Tabettha Wanda N. (Anonymous). Administration for Children's Services, petitioner- respondent; Luis N. (Anonymous), appellant, et al., respondent (Docket Nos. B-10330/01, B-10331/01)
| SCHEDULING ORDER |
Appeals by Luis N. from two orders of the Family Court, Kings County, both dated January 27, 2004. By decision and order on motion of this court dated April 30, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Richard Herzfeld, Esq.
555 Fifth Avenue - 14th Floor
New York, N.Y. 10017
(212) 818-9019
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated April 30, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11450
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-03571
In the Matter of Juliet Nash, petitioner- respondent, v Administration for Children's Services-Queens, et al., respondents; Sonia M. Cole, appellant. (Docket No. V-02896-04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Sonia M. Cole from an order of the Family Court, Queens County, dated March 22, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511).
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11361
M/nal
|
2004-02529
In the Matter of Francisco Perez, appellant, v Suffolk County Department of Social Services, respondent. (Docket No. V-10-03) In the Matter of Maria Papano, appellant, v Suffolk County Department of Social Services, et al., respondents. (Docket Nos. V-17452-02, V-17453-02, V-17454-02)
| ORDER TO SHOW CAUSE |
Appeal by Francisco Perez and Maria Papano from an order of the Family Court, Suffolk County, dated March 16, 2004. By scheduling order dated April 2, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated April 02, 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 June 1, 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
M11385
M/nal
|
2003-08071, 2003-09719
In the Matter of Miral Plovnick, respondent, v Avi Klinger, appellant. (Docket No. V-03614/01)
| SCHEDULING ORDER |
Appeals by Avi Klinger from two orders of the Family Court, Nassau County, dated August 6, 2003, and October 1, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 3, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11359
M/nal
|
2000-02137, 2000-02138 In the Matter of Dishana R. (Anonymous). Orange County Department of Social Services, respondent; Nadine R. (Anonymous), appellant. (Docket No. N-97-99)
| SCHEDULING ORDER |
Appeals by Nadine R. from two orders of the Family Court, Orange County, dated January 11, 2000, and January 20, 2000, respectively. The appellant's brief was filed in the office of the Clerk of this court on May 3, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11395
PL/sl
|
2003-11296
In the Matter of Carmen Rivera, petitioner, v Brian Wing, et al., respondents. (Index No. 15066/03)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Suffolk County, dated September 19, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 11, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11370
M/nal
|
2004-00408 In the Matter of James D. Senetto, appellant, v Julie Putnam, respondent. (Docket No. U-03495/03)
| SCHEDULING ORDER |
Appeal by James D. Senetto from an order of the Family Court, Suffolk County, dated December 4, 2003. The transcripts in the above-entitled appeal were received by the appellant on or about May 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that within 60 days of the date of this order, the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that the appellant is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when the appellant's brief is served upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11372
M/nal
|
2004-01877 In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Khalil W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. NN-2601/03, NN-2602/03, NN-2603/03, NN-04342/03, NN-04343/03)
| SCHEDULING ORDER |
Appeal by Suwauney W.-W. from an order of the Family Court, Dutchess County, dated January 30, 2004. By decision and order on motion of this court dated April 30, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated April 30, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11262
F/
MYRIAM J. ALTMAN, J.
|
2004-01070
The People, etc., plaintiff, v Ja'Far Abbas, f/k/a Buford Byrd, defendant. (Ind. No. 1479-82)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated December 9, 2002, 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.
MYRIAM J. ALTMAN
Associate Justice
Appellate Division: Second Judicial Department
M11258
F/
DANIEL F. LUCIANO, J.
|
2004-00744
The People, etc., plaintiff, v Sammy Aponte, defendant. (Ind. No. 3934/00)
| 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 November 18, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M11447
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-03031 The People, etc., respondent, v Hoblin Bulayana, appellant. (S.C.I. No. 797/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Westchester County, dated February 10, 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 relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11442
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02099
The People, etc., respondent, v Michael Dames, appellant.
(Ind. No. 03-01162)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Westchester County, rendered February 6, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in 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 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 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:
Brendan O'Meara, Esq.
10 Winchester Avenue - 1B
Yonkers, New York 10710
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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 3303
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M11389
C/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2000-04055 The People, etc., respondent, v Eric DeBerry, appellant. (Ind. No. 6281/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered March 28, 2000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until June 1, 2004.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11416
CF/
|
2003-08025 The People, etc., respondent, v Leon Gadson, appellant. (Ind. No. 3979/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered August 11, 2003.
Upon the stipulation of the parties, dated April 28, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11391
F/
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-02582 The People , etc., respondent, DECISION & ORDER v Leo Marino, appellant. (Ind. No. 2469/01)
| ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 13, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SANTUCCI, J.P., SMITH, GOLDSTEIN, and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 1563
Five Points Corr. Fac.
Route 96 - Box 119
Romulus, New York 14541
Appellate Division: Second Judicial Department
M11437
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-01196
The People, etc., respondent, v Leila McLucas, a/k/a Marie McLucas Stover, appellant. (Ind. No. 100/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 27, 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 and in 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 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 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:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 G 0124
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M11386
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2001-05785, 2004-01734
The People, etc., respondent, v Tresa McPherson, appellant. (Ind. No. 1490/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 3, 2004, in the above-entitled case is amended by deleting from the section entitled "Appellant's Address" the following address: 99-A-6894, Elmira Correctional Facility, P.O. Box 500, Elmira, New York 14902-0500" and substituting therefor the following address: 01-G-0749, Box 1000, Bedford Hills, New York 10507".
ALTMAN, J.P., S. MILLER, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M9573
F/
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-04026, 2003-04028, 2003-04282 The People, etc., appellant, DECISION & ORDER v Jasper Rutledge, respondent. (Ind. No. 1101/01)
| ON MOTION |
Renewed motion by the respondent pro se for leave to defend appeals from two orders of the Supreme Court, Queens County, dated February 28, 2003, and April 8, 2003, respectively, and an amended order of the same court dated May 2, 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 relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as attorney for the respondent to respond to the appeals from said orders:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
and it is further,
ORDERED that the respondent's time to serve and file a respondent's brief is enlarged until June 14, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent is directed to serve one copy of his brief and to file nine copies thereof.
ALTMAN, J.P., S. MILLER, CRANE, and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11436
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-02792 The People, etc., respondent, v Jonathan D. Smith, appellant. (Ind. No. 106/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate a decision and order on motion of this court, dated February 5, 2004, which granted his application for leave to serve and file a supplemental brief on his appeal from a judgment of the County Court, Dutchess County, rendered March 13, 2003, and to deem the application withdrawn.
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, the decision and order on motion dated February 5, 2004, is recalled and vacated, and the appellant's application for leave to serve and file a supplemental brief is deemed withdrawn.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11435
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2002-08867 The People, etc., respondent, v Rasheem Thomison, appellant. (Ind. No. 37/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated December 10, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Dutchess County, rendered September 19, 2002, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11440
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-00090
The People, etc., respondent, v Robert Torres, appellant.
(Ind. No. 03-00154)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 16, 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 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 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 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:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
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.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 6731
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M11390
F/
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2003-03781, 2003-03911 The People, etc., respondent, DECISION & ORDER v Annette Vogelfang, appellant.
(Ind. Nos. 249-02, 358-02)
| ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered April16, 2003, and for assignment of new counsel.
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 denied.
SANTUCCI, J.P., SMITH, CRANE, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11454
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2002-02355 The People, etc., respondent, v Jeffrey L. Watkins, appellant (Ind. No. 34/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by the defendant from a judgment of the County Court, Dutchess County, rendered March 5, 2002.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2002-02877.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court