05-25-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR MAY 25, 2004

TITLE	Case Number
Barer v Kasper	2003-10686
Duratech Industries, Inc. v Continental Insur	2003-05879 + 1
Fusco v Khandbur	2004-03746
Gihon, LLC v 501 Second Street, LLC	2003-11096
Kopsidas v Krokos	2004-01977
Lomonaco v Lomonaco	2004-02092
Mulladzanov v Faye Enterprises Corp.	2003-10112
Operative Cake Corp. v Nassour	2003-09503
P.T. (Anonymous) v Children's Village	2003-10139
Pagello v Pagello	2004-03606
Schiff v Schiff	2004-03881 + 1
Shelvin Plaza Associates v Lew Leiberbaum Hol	2003-09606
South Nassau Communities Hospital v Allstate	2004-00579
Tsabari v Haye	2003-10790
Wade v Steinfeld	2003-08019
Mtr of A. (Anonymous), Ricky	2003-06514
Mtr of C. (Anonymous), Kayla	2004-04305
Mtr of Carro, Mildred Jeraldine	2003-06446
Mtr of Cooper-Winfield, a/k/a Winfield v Gary	2003-01470
Mtr of D'Altilio v D'Altilio	2004-01917
Mtr of Fair v Children's Aid Society	2003-10715
Mtr of Fischer-Holland v Walker	2003-01739 + 1
Mtr of J. (Anonymous), Malik	2003-05779 + 1
Mtr of Kraft v Kraft	2004-04304
Mtr of L. (Anonymous), Eureko	2004-01721
Mtr of L. (Anonymous), Daniel	2003-11437
Mtr of LaForge v LaForge	2004-04009
Mtr of Mateer v Field	2002-10576 + 1
Mtr of Mazzilli v Mazzilli	2004-03107
Mtr of Nelson v Seale	2004-01299
Mtr of Peri v Peri	2004-02412
Mtr of Powell v Blumenthal	2004-04416
Mtr of T. (Anonymous), Christian	2004-02791
Mtr of Valentin v Carrero	2004-00632
Peo v Johnson, Oba	2000-03320
Peo v Mitchiner, Nathaniel	2004-01844
Peo v Simons, Nadir	2004-02179

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11807

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FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2003-10686
Harvey S. Barer, respondent, v
Bernard Kasper, et al., appellants.
(Index No. 16473/94)

DECISION & ORDER ON APPLICATION

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 28, 2003.

Upon the papers filed in support of the application and upon the stipulation of the parties, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further

ORDERED that the stay of the judgment entered on or about January 24, 1995, which was granted by decision and order on motion of this court dated January 12, 2004, is vacated.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11751

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HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2003-05879
Duratech Industries, Inc., respondent-appellant,
v Continental Insurance Company, et al.,
appellants-respondents, et al., defendants.
2003-06792
Duratech Industries, Inc., respondent, v
Continental Insurance Company, et al.,
appellants, et al., defendants.
(Appeal No. 2)
(Index No. 26189/98)

Motion by Duratech Industries, Inc., on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2003, and an appeal from an order of the same court dated June 11, 2003, for leave to serve and file one brief on its cross appeal from the order dated May 12, 2003, and three separate briefs responding to each of the briefs served and filed by the appellants, and to enlarge the time to serve and file the briefs.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for leave to file multiple briefs is denied without prejudice to seeking leave to serve and file an oversized brief pursuant to 22 NYCRR 670.10.3(e); and it is further,

ORDERED that the branch of the motion which is for an enlargement of time is granted, the time of Duratech Industries, Inc., to serve and file a brief, including his points of argument on its cross appeal (see 22 NYCRR 670.8 [c] [3]), is enlarged until June 24, 2004, and its 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

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Appellate Division: Second Judicial Department

M11802

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DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-03746
Peggy Ann Fusco, et al., respondents, v
Rajiuh Khandbur, defendant, Louis G.
Kalogerakos, appellant.

(Index No. 17391/02)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay all proceedings, including the trial, in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered March 18, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11798

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2003-11096

Gihon, LLC, respondent,
v 501 Second Street, LLC, appellant.
(Index No. 3446/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 22, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 16, 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

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Appellate Division: Second Judicial Department

M11774

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2004-01977

Stamata Kopsidas, appellant,
v Steven Krokos, et al., respondents.
(Index No. 11291/97)

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 and judgment (one paper) of the Supreme Court, Queens County, entered February 9, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 25, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11823

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DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-02092

Anthony Lomonaco, respondent,
v Lisa Lomonaco, appellant.
(Index No. 16239/97)

DECISION & ORDER ON MOTION

Appeal by Lisa Lomonaco from an order of the Supreme Court, Suffolk County, dated February 23, 2004. By order to show cause dated April 29, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 17, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and upon the papers filed in relation to the order to show cause, it is

ORDERED that the appeal by Lisa Lomonaco is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 17, 2004 (see 22 NYCRR 670.4[a][5]).

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11755

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2003-10112

Hurshed Mulladzanov, et al., plaintiffs-respondents,
v Faye Industries Corp., et al., respondents-appellants,
Bruce Holloway, d/b/a Speedy Concrete Pumping,
appellant-respondent, Chaim Ostreicher, et al.,
respondents, et al., defendants.
(Index No. 4529/00)

ORDER ON APPLICATION

Application by the respondents-appellants Faye Industries Corp. and Fay Schwimmer pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect their cross appeals from an order of the Supreme Court, Kings County, dated September 23, 2003.

ORDERED that the application is granted; and it is further,

ORDERED that the respondents-appellants' shall serve and file their answering briefs, including their points of argument on their cross appeals, on or before July 6, 2004 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11806

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2003-09503

Operative Cake Corp., appellant,
v Edward Nassour, et al., defendants,
Aharon Nutovics, respondent.
(Index No. 21402/01)

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, Queens County, dated August 11, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 18, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11813

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2003-10139
P. T. (Anonymous), etc., et al., plaintiffs-appellants,
v Children's Village, etc., defendant-appellant,
Westchester County Health Care Corporation, etc.,
respondent, et al., defendants.
(Index No. 1440/03)

ORDER ON APPLICATION

ORDERED that the order on application of this court dated May 14, 2004, in the above-entitled action is recalled and vacated and the following order on application is substituted therefor:

Application by the plaintiffs-appellants 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 defendant-appellant for the same relief.

ORDERED that the application and cross application are granted; and it is further,

ORDERED that the time of the plaintiffs-appellants and the defendant-appellant to perfect their appeals is enlarged until July 6, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the movants' respective briefs must be served and filed on or before that date; and it is further,

ORDERED that the respondent's brief and the reply briefs shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[b]).

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11799

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DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

STEPHEN G. CRANE, JJ.

2004-03606
Andrea M. Pagello, appellant, v
Gerard A. Pagello, respondent.
(Index No. 3600/01)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Westchester County, entered April 13, 2004, pending the hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11476

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2004-03881, 2004-03882
Russell J. Schiff, respondent,
v Ann Marie Schiff, appellant.
(Index No. 23839/00)

SCHEDULING ORDER

Appeals by Ann Marie Schiff from a judgment of the Supreme Court, Suffolk County, and an order of the same court, both dated March 10, 2004. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeals in the above-entitled action shall be perfected 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 Supreme Court action 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 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 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.

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Appellate Division: Second Judicial Department

M11797

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2003-09606

Shelvin Plaza Associates, respondent,
v Lew Leiberbaum Holdings Co., Inc.,
et al., appellants.
(Index No. 22999/99)

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, Nassau County, dated September 16, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 30, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11824

R/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-00579
South Nassau Communities Hospital, etc.,
plaintiff, v Allstate Insurance Company,
respondent.

(Index No. 3077/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated December 11, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11758

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2003-10790

Abe Tsabari, respondent,
v Louise Haye, appellant.
(Index No. 7405/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated October 24, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11804

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2003-08019
Jane A. Wade, respondent, v
Sheldon Steinfeld, appellant.
(Index No. 17276/99)

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 a judgment of the Supreme Court, Suffolk County, dated April 18, 2003.

ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M10855

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2003-06514

In the Matter of Ricky A. (Anonymous),
appellant.
(Docket No. D-844-03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Orange County, dated June 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 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 30 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11763

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2004-04305
In the Matter of Kayla C. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Daria C. (Anonymous),
appellant, et al., respondent.
(Docket Nos. N-14856-03, N-14864-03)

SCHEDULING ORDER

Appeal by Daria C. from an order of the Family Court, Suffolk County, dated April 14, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

M11805

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2003-06446

In the Matter of Mildred Jeraldine Carro.
Elaine Carro, appellant; Geraldine Carro
Flaven, respondent.
(Index No. 245/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 10, 2003.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11780

M/nal

2003-01470
In the Matter of Niena Cooper-Winfield,
a/k/a Niena Winfield, respondent, v
Herman Gary, appellant.
(Docket No. O-01702/02)

SCHEDULING ORDER

Appeal by Herman Gary from an order of the Family Court, Kings County, dated January 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on March 31, 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 law guardian's time to serve and file a brief on the appeal is enlarged until June 25, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11822

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DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-01917

In the Matter of Natale D'Altilio, appellant,
v Joy I. D'Altilio, respondent.
(Docket No. F-0816-03)

DECISION & ORDER ON MOTION
Motion To Dismiss Appeal

Appeal by Natale D'Altilio from an order of the Family Court, Orange County, dated January 30, 2004. By order to show cause dated April 29, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 15, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).

Upon the court's own motion, and upon the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated March 15, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until June 21, 2004.

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11803

E/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-10715

In the Matter of Ayinde Fair, appellant,
v Children's Aid Society, et al., respondents.
(Docket No. P-16829/03)

DECISION & ORDER ON MOTION

Appeal by Ayinde Fair from an order of the Family Court, Queens County, dated October 28, 2003. By order to show cause dated April 29, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with an order dated March 5, 2004, which amended the scheduling order dated January 6, 2004, and enlarged his time to perfect the appeal.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the order dated March 5, 2004 (see 22 NYCRR 670.4[a][5]).

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11599

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DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-01739, 2003-01742

In the Matter of Sandra C. Fischer-Holland,
appellant, v Harold B. Walker, respondent.
(Docket No. V-1149/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on appeals from two orders of the Family Court, Rockland County, dated January 14, 2003, and February 4, 2003, respectively.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 7, 2004, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11785

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2003-05779, 2004-00618
In the Matter of Malik J. (Anonymous).
St. Christopher Ottilie, respondent;
Donna F., etc. (Anonymous), appellant.
(Proceeding No. 1)

In the Matter of "Female" G., etc. (Anonymous).
St. Christopher-Ottilie, respondent;
Donna F., etc. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. B-13537-99, B-5103-00)

SCHEDULING ORDER

Appeals by Donna F. from two orders of the Family Court, Queens County, both dated April 22, 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 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M11764

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2004-04304
In the Matter of Angela J. Kraft, respondent,
v Wayne D. Kraft, appellant.
(Docket No. O-15057-03)

SCHEDULING ORDER

Appeal by Wayne D. Kraft from an order of the Family Court, Suffolk County, dated March 24, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11808

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-01721
In the Matter of Eureko L. (Anonymous).
Queens Administration for Children's Services,
appellant; Tienna L. (Anonymous), et al.,
respondents.
(Docket No. NN-3148/04)

DECISION & ORDER ON APPLICATION

Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated February 27, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further

ORDERED that the stay granted by decision and order of this court dated March 10, 2004, is vacated.

RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11784

M/nal

2003-11437
In the Matter of Daniel L. (Anonymous),
appellant.
(Docket No. D-3653/03)

SCHEDULING ORDER

Appeal by the juvenile from an order of the Family Court, Queens County, dated December 4, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 21, 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11492

M/nal

2004-04009
In the Matter of Arthur D. LaForge, respondent,
v Gladys Hume LaForge, appellant.
(Docket No. F-7078-99)

SCHEDULING ORDER

Appeal by Gladys Hume LaForge from an order of the Family Court, Orange County, dated April 1, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11777

M/nal

2002-10576, 2003-03942

In the Matter of Margaret Mateer,
appellant-respondent, v Peter Field,
respondent-appellant.
(Docket No. U-46-02)

SCHEDULING ORDER

Appeal and cross appeal from an order of the Family Court, Suffolk County, dated September 13, 2002, and separate appeal by Margaret Mateer from an order of the same court dated April 3, 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 respondent-appellant's time to serve and file a reply brief on the appeals is enlarged until June 17, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11201

M/nal

2004-03107
In the Matter of Christine Mazzilli, appellant,
v Paul Mazzilli, respondent.
(Docket No. F-8451/92)

SCHEDULING ORDER

Appeal by Christine Mazzilli from an order of the Family Court, Kings County, dated March 22, 2004. By decision and order of this court dated May 4, 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11783

M/nal

2004-01299
In the Matter of Victor Nelson, appellant,
v Diane Seale, respondent.
(Docket No. P-01132/01)

SCHEDULING ORDER

Appeal by Victor Nelson from an order of the Family Court, Kings County, dated November 26, 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, and a motion for leave to reargue was denied by decision and order dated May 18, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11781

M/nal

2004-02412

In the Matter of Rita M. Peri, respondent,
v Salvatore Peri, appellant.
(Docket Nos. F-18449-02, F-02046-02)

ORDER TO SHOW CAUSE

Appeal by Salvatore Peri from an order of the Family Court, Nassau County, dated February 23, 2004. By scheduling order dated April 19, 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 19, 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 15, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11760

M/nal

2004-04416
In the Matter of Daniel B. Powell, appellant,
v Allison J. Blumenthal, respondent.
(Docket Nos. V-03571-01, V-03572-01)

SCHEDULING ORDER

Appeal by Daniel B. Powell from an order of the Family Court, Nassau County, dated April 16, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11199

M/nal

2004-02791
In the Matter of Christian T. (Anonymous).
Administration for Children's Services, respondent;
Luther T. (Anonymous), appellant.
In the Matter of Adreen T. (Anonymous).
Administration for Children's Services, respondent;
Luther T. (Anonymous), appellant.
(Docket Nos. N-3806-02, N-3807-02)

SCHEDULING ORDER

Appeal by Luther T. from an order of the Family Court, Queens County, dated December 3, 2003. By decision and order on motion of this court dated May 7, 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:

Seymour Zager, Esq.

300 E. 74th Street - Suite 28C

New York, New York 10021

(212) 772-6006

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 May 7, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11782

M/nal

2004-00632
In the Matter of Alberto Valentin, appellant,
v Luz Carrero, respondent.
(Docket No. O-24783/03)

SCHEDULING ORDER

Appeal by Alberto Valentin from an order of the Family Court, Kings County, dated December 19, 2003. By decision and order on motion of this court dated March 29, 2004, the following named attorney was assigned to prosecute the appeal:

Richard Cardinale, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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 45 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 20 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 March 29, 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 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11754

J/sl

SONDRA MILLER, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

SANDRA L. TOWNES, JJ.

2000-03320
The People, etc., respondent,
v Oba Johnson, appellant.
(Ind. No. 60/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 1, 2004, in the above-entitled matter is amended by deleting from the recitation paragraph thereof the words "the papers filed in opposition," and substituting therefor the words "no papers having been filed in opposition or relation thereto."

S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11709

DAVID S. RITTER, J.

2004-01844

The People, etc., plaintiff,
v Nathaniel Mitchiner, defendant.
(Ind. No. 15088/95)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 6, 2004, which has been referred to me for determination.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

DAVID S. RITTER

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M11666

MYRIAM J. ALTMAN, J.

2004-02179

The People, etc., plaintiff,
v Nadir Simons, defendant.
(Ind. No. 9566/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 2, 2004, which has been referred to me for determination.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

MYRIAM J. ALTMAN

Associate Justice