Appellate Division: Second Judicial Department
M11501
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2003-10066
Gurpartap S. Bajaj, et al., appellants, v Joseph Muniz, respondent. (Index No. 17400/99)
| 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 July 6, 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
M11506
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2003-09057, 2003-09383 Debbie Bernstein, respondent, v Drew Bernstein, appellant. (Appeals No. 1 and 2) 2004-00811, 2004-00812 Debbie Bernstein, respondent-appellant, v Drew Bernstein, appellant-respondent. (Appeals No. 3 and 4) 2004-00814 Debbie Bernstein, respondent, v Drew Bernstein, appellant. (Appeal No. 5) (Index No. 204519/00)
| DECISION & ORDER ON MOTION |
Application by Drew Bernstein on appeals from two orders of the Supreme Court, Nassau County, dated August 26, 2003, and September 24, 2003, respectively (Appellate Division Docket Nos. 2003-09057 and 2003-09383), and an appeal and cross appeal from a decision of the same court dated March 21, 2003 (Appellate Division Docket No. 2004-00812), an appeal and cross appeal from a judgment of the same court dated November 20, 2003 (Appellate Division Docket No. 2004-00811), and an appeal from qualified domestic relations order of the same court dated November 20, 2003 (Appellate Division Docket No. 2004-00814), pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals from the decision dated March 21, 2004, the judgment dated November 20, 2003, and the qualified domestic relations order dated November 20, 2003, and to enlarge the time of Debbie Bernstein to serve and file her briefs on the appeals and cross appeals.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal and cross appeal from the decision dated November 20, 2003, is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is granted and the time of Drew Bernstein to perfect the appeals from the judgment dated November 20, 2003, and the qualified domestic relations order dated November 20, 2003, is enlarged until September 20, 2004, and the joint record or appendix on those appeals and the brief of Drew Bernstein must be served and filed on or before that date; and it is further,
ORDERED that the time of Debbie Bernstein to serve and file (1) her brief on the appeals from the orders dated August 26, 2003, and September 24, 2003, and (2) her brief on the appeal and cross appeal from the judgment dated November 20, 2003, and the appeal from the qualified domestic relations order dated November 20, 2003, including her points of argument on her cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until November 22, 2004, and her brief shall be served and filed on or before that date.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11540
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2003-05663, 2003-07760 James BiLello, et al., respondents, v Genesis Seafood, Inc., et al., defendants; Elsie Rocket, nonparty-appellant.
(Index No. 2607/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two orders of the Supreme Court, Nassau County, dated May 13, 2003, and August 4, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until June 17, 2004, and the respondents' brief must be served and filed on or before that date.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11536
E/nl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-09838 Alan Cardozo, et al., appellants-respondents, v Mayflower Center, Inc., et al., respondents- appellants, Lady L. Charters, Inc., respondent. (Index No. 5743/01)
| DECISION & ORDER ON MOTION |
Motion by Agelo L. Reppas, an attorney in good standing in the State of Illinois, on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 21, 2003, to be admitted pro hac vice to represent Abaco Management Corporation, the defendant third-party plaintiff-respondent-appellant.
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.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11543
Y/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2004-03466
Coram Isle, LLC, plaintiff, v Greg Barshov, defendant. (Index No. 56/03)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Greg Barshov for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated December 10, 2003, which affirmed an order of the Sixth District Court, Suffolk County, entered December 11, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11505
CF/
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2003-10193 Rickford Edwards, respondent, v Board of Education of City of New York, appellant. (Index No. 2996/01)
| 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 August 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11529
Y/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2004-01657 Frederick Goldberg, et al., respondents, v New York Central Mutual Fire Insurance Company, appellant. (Index No. 16299/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated February 2, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11496
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2003-08372, 2003-08375 Sidney Hayes, etc., plaintiff-respondent, v Ideal Quiet Heat Fuel Corporation, defendant third-party plaintiff-respondent; ITT Industries, Inc., third-party defendant-appellant. (Action No. 1) (Index No. 26825/97) John Bynum, etc., plaintiff-respondent, v Sidney Edward Hayes, defendant-respondent, Ideal Quiet Heat Fuel Corporation, defendant third-party plaintiff-respondent; ITT Industries, Inc., third-party defendant-appellant. (Action No. 2) (Index No. 7171/97)
| ORDER ON APPLICATION |
Application by the defendant third party plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, both dated August 13, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until June 10, 2004, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11504
CF/
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2003-11306 John Hughes, respondent, v Fili Martinez, et al., appellants. (Index No. 18351/00)
| 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 November 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
M11502
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2003-09040
Joseph M. Leone, respondent, v Jean Leone, etc., et al., appellants.
(Index No. 8649/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated September 22, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 28, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11489
PL/sl
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2003-10654
David Levitan, respondent, v Levitan-Robbins, Inc., et al., appellants. (Index No. 4537/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 29, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 19, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11535
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2003-07988 Edmund D. Mann, et al., respondents, v NYLCARE 65, et al., defendants, Mitul Patel, etc., appellant. (Index No. 16541/98)
| DECISION & ORDER ON APPLICATION |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 18, 2003. Cross application by the respondent Edmund D. Mann to impose a sanction upon the appellant.
Upon the papers filed in support of the application and the cross application, and the papers filed in opposition thereto, it is
ORDERED that the application is granted, and the appeal is deemed to be withdrawn, without costs or disbursements; and it is further,
ORDERED that the cross application is denied, without prejudice to making a formal motion for the same relief (see CPLR 8022).
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11528
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-09996 Deborah Murray, plaintiff-respondent, v City of New York, defendant-respondent, New York City Housing Authority, appellant. (Index No. 2529/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 10, 2003. Cross application by the plaintiff-respondent to enlarge the time to serve and file a brief
Upon the papers filed in support of the motion and the cross application and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross application is granted; and it is further,
ORDERED that the time of the plaintiff-respondent to serve and file a brief is enlarged until June 14, 2004.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11498
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2003-08478
Steven Oettinger, appellant, v Amerada Hess Corporation, et al., defendants third-party plaintiffs- respondents; Manhattan Beer Distributors, LLC, third-party defendant-respondent. (Index No. 723/01)
| ORDER ON APPLICATION |
Application by the third-party defendant-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, Putnam County, dated August 27, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until June 1, 2004, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11500
CF/
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2003-10570 One Beacon Insurance Company, f/k/a CGU Insurance Company, respondent, v BCA Mechanical Systems, Inc., appellant. (Index No. 3518/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 29, 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
M11481
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2003-06185
Elizabeth Pelaez, etc., appellant, v Westchester Medical Center, etc., et al., respondents. (Index No. 8879/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated May 29, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 1, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11512
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HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2004-03670 Marc Quezada, etc., et al., plaintiffs-respondents, v Christopher P. O'Reilly-Green, etc., appellant, St. Joseph's Medical Center, et al., defendants- respondents. (Index No. 721/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Westchester County, entered April 5, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the judgment entered April 5, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 21, 2004, and on further condition that the appellant post the undertaking pursuant to CPLR 5519(g) with the clerk of the Supreme Court, Westchester County; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 21, 2004, or the appellant fails to post the undertaking pursuant to CPLR 5519(g) the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11552
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DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2003-08398 Nhaomi Raymond, et al., appellants, v Clifton Rutherford, respondent. (Index No. 14188/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated August 11, 2003, to enlarge the record on appeal and to enlarge the time to perfect the appeal.
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellants' time to perfect the appeal is enlarged until June 21, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11508
CF/
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2003-07945 Republic Franklin Insurance Company, appellant-respondent, v Michael Pistilli, et al., respondents-appellants. (Index No. 23118/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11511
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-07854
Channing Reuschenberg, et al., respondents, v Town of Huntington, appellant. (Index No. 11207/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 28, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11532
Y/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-11376 Edward Rios, respondent, v Public Administrator of Kings County, etc., appellant, et al., defendants. (Index No. 29581/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated June 12, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until June 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11541
E/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-09885 Paljo Saljanin, appellant, v Malote Malota, et al., respondents. (Index No. 19835/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered September 29, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11503
PL/sl
|
2003-07473
Nancy Uzo, respondent, v Uzo, appellant. (Index No. 12381/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated July 25, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11494
S/sl
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2003-07535
Ann Marie Willis, et al., appellants, v New York Racing Association, Inc., respondent.
(Index No. 9035/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated February 10, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before May 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11479
M/nal
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2004-04023 In the Matter of Francis Biunno, respondent, v David Biunno, appellant. (Docket No. F-3371-03)
| SCHEDULING ORDER |
Appeal by David Biunno from an order of the Family Court, Orange County, dated April 22, 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 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 in 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, 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
M11475
M/nal
|
2004-03857 In the Matter of Sophia Amsellem Cohen, respondent, v Jacques Amsellem, appellant. (Docket No. F-14907-03)
| SCHEDULING ORDER |
Appeal by Jacques Amsellem from an order of the Family Court, Nassau County, dated March 16, 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 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 in 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, 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
M11507
CF/
|
2004-02464 In the Matter of Detrich E. (Anonymous). Carol E. (Anonymous), appellant; Nassau County Department of Social Services, respondent. (Docket No. B-5880-03)
| 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 2, 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
M11499
CF/
|
2003-08386 In the Matter of Antonio Fokas, et al., respondents-appellants, v North Fork Bank, appellant-respondent. (Index No. 30729/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 25, 2003.
Upon the stipulation of the parties, dated March 25, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11477
M/nal
|
2004-03961 In the Matter of Joshua Halpern, respondent, v Frances Halpern, appellant. (Docket Nos. V-28306-02, V-28307-02)
| SCHEDULING ORDER |
Appeal by Frances Halpern from an order of the Family Court, Kings County, dated April 19, 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 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 proceedings 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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
M11478
M/nal
|
2004-04021 In the Matter of Nicholas C. Hoffman, appellant, v Theresa Debello-Teheny, respondent. (Docket No. F-011361-03)
| SCHEDULING ORDER |
Appeal by Nicholas C. Hoffman from an order of the Family Court, Suffolk County, dated March 22, 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 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 in 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, 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
M11530
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2004-01299 In the Matter of Victor Nelson, appellant, v Dionne Seale, respondent.
(Docket No. P-1132-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue a motion for leave to prosecute an appeal from an order of the Family Court, Kings County, dated November 26, 2003, as a poor person, and for the assignment of counsel, which was denied by decision and order on motion of this court dated April 6, 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.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11473
M/nal
|
2004-03861 In the Matter of Anthony O. (Anonymous). Westchester County Department of Social Services, respondent; Lillian O. (Anonymous), appellant. (Docket No. N-103-02)
| SCHEDULING ORDER |
Appeal by Lillian O. from an order of the Family Court, Westchester County, dated March 29, 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 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 proceedings 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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
M11537
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-09301 In the Matter of Juan Manuel Ortiz Alvear, petitioner, v William Phillips, etc., respondent. (Index No. 2204/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to prosecute a proceeding which was transferred to this court by order of the Supreme Court, Dutchess County, dated October 8, 2003, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dispense with printing is granted; and it is further,
ORDERED that the proceeding will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the petitioner'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 branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11474
M/nal
|
2004-03890 In the Matter of Rosario S. (Anonymous), appellant. (Docket No. D-1876/03)
| SCHEDULING ORDER |
Appeal by Rosario S. from an order of the Family Court, Queens County, dated April 20, 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 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 in 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, 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
M11531
C/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-04948 The People, etc., respondent, v Balal Ahmr, appellant. (Ind. No. 641/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 12, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 12, 2004, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11521
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2003-11043
The People, etc., respondent, v Roger T. Mosely, defendant. (Ind. No. 03-01027)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the County Court, Westchester County, rendered October 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the County Court, Westchester County, rendered October 29, 2003.
H. MILLER, J.P., GOLDSTEIN, LUCIANO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11517
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2004-03721
The People, etc., respondent, v Paul Pepe, appellant.
(Ind. No. 00-00616)
| 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 an amended judgment of the County Court, Orange County, rendered March 14, 2002, 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:
Gary Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
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.
H. MILLER, J.P., GOLDSTEIN, LUCIANO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 R 1403
Gowanda Corr. Fac.
Box 311
Gowanda, New York 14070
Appellate Division: Second Judicial Department
M11519
F/
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
1994-06467 The People, etc., respondent, v Eddie Ricks, appellant. (Ind. No. 9153/92)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 15, 1994.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
H. MILLER, J.P., GOLDSTEIN, LUCIANO, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11524
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-01687
The People, etc., respondent, v Vernon Roper, appellant.
(Ind. No. 208/01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated May 6, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 9, 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:
Leon Tracy, Esq.
366 N. Broadway - Suite 310
Jericho, New York 11753-2826
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 R 4016
Cape Vincent Corr. Fac.
Route 12E - Box 739
Cape Vincent, New York 13618