Appellate Division: Second Judicial Department
M11847
PL/sl
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2003-10795, 2003-10984
ADC Orange, Inc., respondent, v Coyote Acres, Inc., appellant. (Index No. 2458/02)
| 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, Orange County, dated November 25, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 6, 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
M11833
J/sl
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2003-10334
Maria Beatriz Bedoya, et al., appellants, v St. Johns Queens Hospital, etc., et al., respondents. (Index No. 10126/99)
| 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 September 25, 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
M11839
J/sl
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2003-10344
Providencia Bejarano, et al., respondents, v City of New York, defendant, New York City Transit Authority, appellant. (Index No. 10797/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 2, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 13, 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
M11853
CF/
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2003-09917 Deutsche Swiss Capital Corporation, plaintiff, v Michael Humiston, defendant-respondent; Richard A. Kraslow, et al., nonparty-appellants. (Index No. 24937/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the nonparty-appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 6, 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
M11864
CF/
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2003-07979 Discount Auto Repair, appellant, v City of Poughkeepsie, respondent. (Index No. 4048/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Dutchess County, dated July 14, 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
M11837
Y/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
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2004-04261 Discover General Contracting Corp., plaintiff-respondent, v Julian Mechanical Corporation, appellant, River Trucking & Rigging, Inc., a/k/a River Trucking Corporation, defendant-respondent. (Index No. 8206/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Westchester County, dated April 20, 2004, as directed certain depositions and directed the parties to attend a trial readiness conference on June 22, 2004, pending hearing and determination of an appeal therefrom.
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 enforcement of so much of the order dated April 20, 2004, as directed certain depositions and directed the parties to attend a trial readiness conference on June 22, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 28, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 28, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11862
C/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-10266 F.J. Development Corp., respondent, v Lennie Harris, etc., appellant. (Index No. 27997/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated September 22, 2003, on the ground that the appeal has been rendered academic.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, without prejudice to the respondent raising the issue in the respondent's brief.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11832
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2003-07765, 2003-09516, 2004-03530
Arthur L. Fried, etc., et al., respondents, v David Berry Realty, et al., appellants. (Index No. 165/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeals by the defendants from an order of the Supreme Court, Dutchess County, dated July 31, 2003, and a judgment of the same court, dated August 19, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal from the order dated July 31, 2003, pending under Appellate Division Docket No. 2004-03530, is dismissed, without costs or disbursements, on the ground that by decision and order on motion of this court dated September 22, 2003, the notice of appeal from that order was deemed to be the notice of appeal from the judgment dated August 19, 2003, pending under Appellate Division Docket No. 2003-07765; and it is further,
ORDERED that the appeal from the judgment dated August 19, 2003, pending under Appellate Division Docket No. 2003-09516, is dismissed, without costs or disbursements, as that appeal is a duplicate of the appeal pending under Appellate Division Docket No. 2003-07765.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM11852
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2002-09495 Mariana Lanc, appellant, v Michael Donnelly, et al., respondents. (Index No. 478/88)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Rockland County, dated October 24, 2002, (1) to reargue the decision and order on motion of this court dated March 11, 2004, which, inter alia, deemed the notice of appeal from an order of the same court dated June 20, 2002, to be a premature notice of appeal from the judgment dated October 24, 2002, (2) for summary reversal, (3) to enlarge the time to perfect the appeal, and (4) for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel are denied as academic, as the appeal has already been perfected; and it is further,
ORDRED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief is enlarged until June 16, 2004, and the reply brief must be served and filed on or before that date.
ALTMAN, J.P., S. MILLER, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11855
J/sl
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2003-09337 Rocco Mancini, et al., respondents, v Hardscrabble Commons Associates, et al., appellants. (Action No. 1) Joseph G. Scali, et al., appellants, v Rocco Mancini, et al., respondents. (Action No. 2) (Index No. 144/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, entered September 15, 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
Appellate Division: Second Judicial Department
M11845
PL/sl
|
2003-10955
Ira Mandel, etc., et al., respondents-appellants, v New York County Public Administrator, etc., appellant-respondent. (Index No. 42586/96)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated November 13, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until July 16, 2004, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11859
J/sl
|
2003-09218, 2004-02204
Brianna Marshall, etc., et al., appellants, v City of New Rochelle, et al., respondents.
(Index No. 9846/01)
| 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 appeals from two orders of the Supreme Court, Westchester County, entered September 18, 2003, and January 27, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 9, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11849
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2003-10861
Anita G. Mazzella, etc., appellant, v Luigi Capobianco, etc., respondent. (Index No. 13337/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated November 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 1, 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
M11854
S/sl
|
2004-01042
Thomas E. Meyer, et al., appellants, v Joseph Martin, et al., respondents. (Index No. 26620/00)
| ORDER ON APPLICATION |
Application by the respondent Augie's Baked Products, Inc., 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, Suffolk County, dated January 21, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until June 23, 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
M11814
M/nal
|
2004-04306 Howard Nash, appellant, v Elizabeth Yablon-Nash, respondent. (Index No. 44784/03)
| SCHEDULING ORDER |
Appeal by Howard Nash from an order of the Supreme Court, Kings County, dated April 23, 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 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 appeal 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 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.
Appellate Division: Second Judicial Department
M11857
CF/
|
2003-09918 Michael Polito, appellant, v Jennifer Polito, respondent. (Index No. 15423/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 21, 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
M11875
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2004-02003 Vasiliki Roussis, respondent, v George Roussis, et al., appellants. (Index No. 11341/03)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from an order of the Supreme Court, Richmond County, dated February 9, 2004. By decision and order on motion of this court dated March 31, 2004, the inquest on damages in the above-entitled action was stayed on condition that the appeal was perfected by April 30, 2004. The appeal has not been perfected.
On the court's own motion, it is
ORDERED that the stay granted by the decision and order on motion dated March 31, 2004, is vacated forthwith.
ALTMAN, J.P., S. MILLER, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11848
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2003-10412
Victor Schlesinger, etc., appellant, v Nat Schlesinger, et al., respondents. (Index No. 27246/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 1, 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
Appellate Division: Second Judicial Department
M11438
S/sl
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2003-10792
Mark Seiden, appellant, v Gogick, Seiden, Byrne & O'Neill, LLP, et al., defendants- respondents; Milber, Makris, Plousadis & Seiden, LLP, et al., additional counterclaim- defendants-respondents. (Index No. 13387/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated September 19, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11850
CF/
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2004-02690 Toby Stavisky, et al., respondents, v Astoria Federal Savings & Loan Association, appellant. (Index No. 20322/94)
| 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 February 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11851
S/sl
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2003-11142
John E. Stratford, Jr., respondent, v Chrysler Financial Company, LLC, defendant, Howard Avin, et al., appellants. (Index No. 010819/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated October 24, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 23, 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
M11838
PL/sl
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2003-10456
Tele Pak, Inc., appellant, v In-Tech Direct, Inc., respondent. (Index No. 4731/02)
| 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, Rockland County, dated October 2, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 19, 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
M11842
PL/sl
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2003-11022
Angelina Vittoria, respondent, v Brook Shopping Center, Inc., d/b/a Cross County Shopping Center, et al., defendants, Boston Market Corp., appellant. (Index No. 2545/02)
| 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, Westchester County, dated November 6, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 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
M11831
R/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
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2004-02551 Daniel Vogel, appellant, v Joseph Deutsch, et al., defendants, Eliyahu Ladell, respondent. (Index No. 4085/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal of an order of the Supreme Court, Rockland County, dated February 27, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 16, 2004; and it is further,
ORDERED that if the appeal is not perfected by June 16, 2004, the court on its own motion may vacate the stay or the respondent may move to vacate the stay on three days notice.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11844
J/sl
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2003-10567
Bernard Williams, appellant, v Central Elevator, Inc., respondent. (Index No. 13756/02)
| 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, Westchester County, dated November 7, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 19, 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
M11873
Y/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
ROBERT A. LIFSON, JJ.
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2003-07535 Ann Marie Willis, et al., appellants, v New York Racing Association, Inc., respondent. (Index No. 9035/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated February 10, 2003, for leave to file the reply brief previously submitted to the Clerk of this court and to enlarge the time to file the reply brief.
Upon the papers filed in support of the motion and the papers filed relation thereto, it is
ORDERED that the motion is granted; the appellants' time to file the reply brief previously submitted to the Clerk of this court is enlarged until June 1, 2004, and the reply brief must be resubmitted for filing with proper certification pursuant to 22 NYCRR 670.10.3(f) on or before that date.
ALTMAN, J.P., H. MILLER, TOWNES and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11819
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2004-01831 In the Matter of Ebony Starr B. (Anonymous), a/k/a Ebony B. (Anonymous). Angel Guardian-Saint Mary's Children and Family Services, appellant; Eva B. (Anonymous), a/k/a Eva Landell B. (Anonymous), respondent. (Docket No. B-17657-03)
| SCHEDULING ORDER |
Appeal by Angel Guardian-Saint Mary's Children and Family Services from an order of the Family Court, Kings County, dated January 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on April 13, 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
Appellate Division: Second Judicial Department
M11821
M/nal
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2003-09692 In the Matter of Kathryn B. (Anonymous). Rockland County Department of Social Services, respondent; Stacey Haskel, as executor of the estate of John B. (Anonymous), appellant. (Docket No. B-1164/03)
| SCHEDULING ORDER |
Appeal by Stacey Haskel from an order of the Family Court, Rockland County, entered October 16, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated April 9, 2004, in the above-entitled proceeding 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 July 1, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11834
Y/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
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2003-09857 In the Matter of Evelyn Castiglione, appellant, v Ronald Castiglione, respondent. (Docket No. F-2429/01)
| DECISION & ORDER ON MOTION |
Appeal by Evelyn Castiglione from an order of the Family Court, Suffolk County, dated October 2, 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 a scheduling order dated February 27, 2004, issued pursuant to 22 NYCRR 670.4(a) (2).
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 scheduling order dated February 27, 2004 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11876
M/nal
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2004-04081, 2004-04495 In the Matter of Dutchess County Support Collection Unit, o/b/o Christopher Labshere, appellant, v Eleftheria Kasekas, respondent. (Docket No. F-00022-02)
| SCHEDULING ORDER |
Appeals by Dutchess County Support Collection Unit from two orders of the Family Court, Dutchess County, dated April 9, 2004, and April 20, 2004, respectively. 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 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 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, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11820
M/nal
|
2004-01737, 2004-01738 In the Matter of Ketevan Grigolava, respondent, v Gia Melikishvili, appellant. (Docket No. F-8616/02)
| SCHEDULING ORDER |
Appeals by Gia Melikishvili from two orders of the Family Court, Suffolk County, dated January 26, 2004, and December 1, 2003. By decision and order of this court dated April 29, 2004, the branches of the appellant's motion which were for the assignment of counsel, a free transcript, and to waive the filing fee were denied. 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11816
M/nal
|
2003-06478
In the Matter of William K. (Anonymous), appellant.
(Docket No. D-6764-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated July 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 17, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11801
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-04193 In the Matter of Bethune M. (Anonymous), respondent; Dean R. Weinstock, etc., appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated April 22, 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 order dated April 22, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 25, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 25, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11818
M/nal
|
2002-06094, 2003-01899 In the Matter of David M. (Anonymous). Angel Guardian Children and Family Services, et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Joy M. (Anonymous). Angel Guardian Children and Family Services, et al., respondents; Kelly M. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-7793/99, B-7794/99)
| SCHEDULING ORDER |
Appeals by Kelly M. from two orders of the Family Court, Kings County, both dated May 15, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated May 19, 2004, in the above-entitled proceedings is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until July 16, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11891
J/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-00472
In the Matter of Santiago Montez, appellant, v Lorraine Montez, respondent.
(Docket No. F-15540-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 30, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Westchester County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Westchester County, dated December 8, 2003, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11863
CF/
|
2003-08629 In the Matter of Daniel Murphy, appellant, v Kathleen Murphy, respondent. (Docket No. F-4791-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated October 1, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11858
CF/
|
2003-08914, 2003-08918 In the Matter of Steven N. (Anonymous), appellant; Department of Social Services of Dutchess County, respondent. (Docket Nos. D-01104-03, D-01105-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Dutchess County, both dated September 5, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11860
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-00844, 2004-00845 In the Matter of Anjel Ohanian, respondent, v Gary Ohanian, appellant. (Docket No. F-00704/01)
| DECISION & ORDER ON MOTION |
Appeals by Gary Ohanian from two orders of the Family Court, Nassau County, dated August 19, 2003, and December 12, 2003, respectively. 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 appeals 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). Application by the appellant to withdraw the appeals.
Now, on the court's own motion and upon the papers filed in support of the application, and the papers filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion denied as academic.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11880
S/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-03985, 2003-11202 In the Matter of Irving Schachter, appellant, v State of New York Division of Housing and Community Renewal Office of Rent Administration, respondent. (Index No. 6529/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 12, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se on appeals from an order of the Supreme Court, Queens County, dated September 4, 2002, and a judgment of the same court entered February 14, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the appendix 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 Clerk of this court, or his designee, is directed to delete or remove pages 25 and 26 from all copies of the appendix on file with the Clerk of this court, as those pages in the appendix contain material that is dehors the record.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11872
E/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-06328 In the Matter of Richard Simpson, appellant, v Beata Ptaszynska, respondent. (Docket Nos. V-28241/99, O-8738/03)
| DECISION & ORDER ON MOTION |
Motion by Howard Yagerman, to withdraw as attorney for the appellant on an appeal from an order of the Family Court, Kings County, dated June 16, 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 denied.
SANTUCCI, J.P., SCHMIDT, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11742
C/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-01005 In the Matter of Megan V. (Anonymous). Suffolk County Department of Social Services, respondent; John V. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Angelica V. (Anonymous). Suffolk County Department of Social Services, respondent; John V. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-167-01, B-168-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel on an appeal from an order of the Family Court, Suffolk County, entered January 6, 2003, which was determined by decision and order of this court dated May 17, 2004, to be relieved and for the assignment of new counsel to the appellant. The motion for assignment of counsel was granted on April 9, 2003, and the following named attorney was assigned as counsel for the appellant:
Patricia Rouse, Esq.
P.O. Box 175
Wading River, New York 11792
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to relieve assigned counsel is granted, and said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the branch of the motion which is to assign new counsel is granted to the extent that pursuant to Family Court Act § 1120, the following named attorney is assigned as counsel for the appellant solely to advise the appellant as to her right to apply for leave to appeal to the Court of Appeals from the decision and order of this court dated May 17, 2004, and to make such application if the appellant so desires:
Edward Grossman, Esq.
135 West Main Street
Smithtown, NY, 11787
(631) 265-5864
and that branch of the motion is otherwise denied.
SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11830
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-10845
In the Matter of Helen Wenzara, petitioner- respondent; Elsayed Ali, et al., appellants; et al., respondents. (File No. 5156/02)
| DECISION & ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from so much of an order of the Surrogate's Court, Queens County, dated October 29, 2003, as continued a temporary restraining order contained in an order to show cause dated February 25, 2003.
Upon the papers filed in support of the application and not papers having been filed in opposition thereto, it is
ORDERED that the application is denied, without prejudice to the appellants making a motion for leave to appeal to this court from so much of the order dated October 29, 2003, as continued the temporary restraining order on the ground that that portion of the order is not appealable as of right (see CPLR 5701).
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11810
M/nal
|
2004-04150 In the Matter of Linda Wiemann, respondent, v Christopher Malloy, appellant. (Docket No. O-15240-03)
| SCHEDULING ORDER |
Appeal by Christopher Malloy from an order of the Family Court, Nassau County, dated April 7, 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
M11843
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
SANDRA L. TOWNES, JJ.
|
2003-02399, 2003-02451, 2003-02452 2003-02453 The People, etc., respondent, v James Desio, appellant. (Ind. Nos. 3875/00, 3876/00, 3877/00, 3878/00)
| DECISION & ORDER |
Motion by the appellant for leave to reargue appeals from four judgments of the Supreme Court, Queens County, all rendered March 4, 2003, which were determined by decision and order of this court dated March 15, 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 without prejudice to the defendant from raising the issues herein on an application for writ of error coram nobis.
S. MILLER, J.P., LUCIANO, ADAMS and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11707
F/
NANCY E. SMITH, J.
|
2004-02511
The People, etc., plaintiff, v Errol Doyle, defendant. (Ind. No. 2924/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 24, 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.
NANCY E. SMITH
Associate Justice
Appellate Division: Second Judicial Department
M11840
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02582 The People, etc., respondent, v Joseph Johnson, appellant. (Ind. No. 1871/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated March 8, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11841
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02580 The People, etc., respondent, v James Mallard, appellant. (Ind. No. 1789/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a determination of the County Court, Suffolk County, dated January 23, 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 denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law § 168-n (3), his status as a poor person and the counsel assigned to represent him before the Supreme Court, Kings County, continues on appeal; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the filing fee is waived (see CPLR 1103[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11835
S/sl
|
2001-11010, 2002-01443
The People, etc., respondent, v Tyrone Sutton, appellant. (Ind. Nos. 223/01, 11472/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from two judgments of the Supreme Court, Kings County, both rendered November 30, 2001.
Upon the stipulation of the attorneys for the respective parties, dated on or about January 2004, it is
ORDERED that the appeal from the judgment pending under Appellate Division Docket No. 2001-11010, under Indictment No. 11472/01, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11836
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2002-01443
The People, etc., respondent, v Tyrone Sutton, appellant. (Ind. No. 223/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 30, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic as the appellant timely filed his supplemental brief on May 3, 2004.
SANTUCCI, J.P., SMITH, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court