Appellate Division: Second Judicial Department
M11904
CF/
|
2003-11029 Robert Bevilacqua, et al., respondents, v Eastchester Union Free School District, appellant. (Index No. 15051/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M11883
S/sl
|
2004-00937
Kathryn M. Boone, respondent, v Joel Bender, etc., et al., appellants. (Index No. 6792/03)
| 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, Westchester County, entered January 20, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 30, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11912
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-03782 Melvina Corrado, respondent, v Robert Corrado, appellant. (Index No. 18116/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated March 30, 2004.
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 stay all proceedings is granted and all proceedings in the above-entitled action are 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; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11890
S/sl
|
2003-06546
Sam Costanza, appellant, v Chananya Gold, et al., defendants; Kenneth B. Hawco, nonparty-respondent. (Index No. 41439/00)
| 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, Kings County, dated May 23, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 23, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11905
CF/
|
2003-11280 Blanca Esquivel, et al., respondents, v Hanubal Gopalaswamy, et al., appellants. (Index No. 7297/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated December 4, 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
M11861
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 Scott Lockwood, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated September 22, 2003.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Scott Lockwood is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before June 10, 2004, Scott Lockwood is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,
ORDERED that the appellant's time to perfect the appeal is extended until July 12, 2004, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11901
CF/
|
2004-03814 Joseph Fandal, respondent, v Anthony Giuffrida, appellant. (Index No. 23969/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11887
S/sl
|
2003-06800
Martin A. Halpern, respondent-appellant, v Goldstein & Halpern, C.P.A., et al., appellants-respondents.
(Index No. 140/95)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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, Rockland County, dated June 23, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 16, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11889
S/sl
|
2003-08642
Gerard Hayes, appellant, v New York City Transit Authority, et al., respondents, et al., defendants. (Index No. 14003/00)
| 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 August 14, 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
Appellate Division: Second Judicial Department
M11903
PL/sl
|
2003-10353
Genevieve Molyneux, etc., et al., appellants, v Stanley A. Mondrow, et al., respondents. (Index No. 2387/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 7, 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
M11924
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00652 Nyack Hospital, appellant, et al., plaintiffs, v State Farm Mutual Automobile Insurance Company, respondent. (Index No. 7814/03)
| 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 15, 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.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11888
C/sl
GABRIEL M. KRAUSMAN, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-04351 Orwell Building Corp., plaintiff-respondent, v Ali Bessaha, et al., appellants, et al., defendants-respondents (and a third-party action). (Index No. 24614/93)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent, in effect, for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated April 22, 2003, which was 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, with $100 costs.
KRAUSMAN, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11920
E/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-04203 Kim A. Ruden, plaintiff-respondent, v Town of Hempstead, appellant, Harry Benner, et al., defendants-respondents.
(Index No. 1010/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an interlocutory judgment of the Supreme Court, Nassau County, dated May 7, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., LUCIANO, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11846
Y/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-10735 Valeria Emilia Sanz, etc., plaintiff-respondent, v Discount Auto, appellant, Tonio Ramsay, defendant-respondent. (Index No. 13891/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings, including the trial, in the above-entitled action until 30 days after this court determines an appeal from an order of the Supreme Court, Kings County, dated October 31, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted to the extent that all proceedings, including the trial, in the above-entitled action, are stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11930
S/sl
|
2004-01332
Dale Rebecca Schiffer, respondent-appellant, v Todd Jay Schiffer, appellant-respondent, et al., defendants.
(Index No. 2795/02)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from a judgment of the Supreme Court, Westchester County, dated January 28, 2004.
ORDERED that the application is granted and the respondent-appellant's reply brief shall be filed on or before June 4, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11441
S/sl
|
2003-10263
Mary Lou Sowa, respondent, v S.J.N.H. Realty Corp., et al., defendants third-party plaintiffs respondents-appellants; Procopo, Inc., etc., third-party defendant appellant-respondent. (Index No. 18063/98)
| 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 an order of the Supreme Court, Suffolk County, dated October 28, 2003, and cross application by the respondents-appellants for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until June 14, 2004, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11902
CF/
|
2003-08013 Temple Bnai Sholom of Great Neck, appellant, v Village of Great Neck Estates, et al., respondents. (Index No. 13603/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 23, 2002.
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
M11899
R/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2003-03371 Michael Tucker, et al., respondents, v AM Sutton Associates, et al., appellants. (Index No. 06165/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 27, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the time of the appellants' to perfect the appeal is enlarged until June 3, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11896
M/nal
|
2003-05960
In the Matter of Patti A. (Anonymous). Administration for Children's Services, petitioner- respondent; Kathryn A. (Anonymous), appellant; Mark H. (Anonymous), respondent-respondent; Arline A. (Anonymous), nonparty-respondent. (Docket No. N-11930-01)
| SCHEDULING ORDER |
Appeal by Kathryn A. from an order of the Family Court, Kings County, dated June 5, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11882
M/nal
|
2003-08618
In the Matter of Tracey Ann A. (Anonymous). Administration for Children's Services, respondent; Hubert E. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-00401/02) In the Matter of Kerri Ann E. (Anonymous). Administration for Children's Services, respondent; Hubert E. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-00402/02)
| SCHEDULING ORDER |
Appeal by Hubert E. from an order of the Family Court, Kings County, dated September 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 20, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11894
M/nal
|
2003-02549, 2003-02862, 2003-02863 In the Matter of Dayjah Ann B. (Anonymous), a/k/a Dayjah B. (Anonymous). St. Christopher-Ottillie, respondent; Verron V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-9943/99) In the Matter of Daauwd David Michael Muhammad B. (Anonymous), a/k/a Daauwd B. (Anonymous). St. Christopher-Ottillie, respondent; Verron V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-9944/99) In the Matter of Koran Hassan Muhammed V. (Anonymous), a/k/a Koran V. (Anonymous). St. Christopher-Ottillie, respondent; Verron V. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-4647/02)
| SCHEDULING ORDER |
Appeals by Verron V. from three orders of the Family Court, Kings County, all dated February 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11084
M/nal
|
2004-03758, 2004-03761, 2004-03762 In the Matter of Fatima Iaisha D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. In the Matter of Jihad Born D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. In the Matter of Karif Abdul Malik D. (Anonymous). Episcopal Social Services, respondent; Kathy B. (Anonymous), appellant. (Docket Nos. B-265-02, B-266-02, B-267-02)
| SCHEDULING ORDER |
Appeals by Kathy B. from three orders of the Family Court, Richmond County, all dated March 3, 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 proceedings 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 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) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. 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 appeals; 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 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
M11911
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-07633 In the Matter of DSMG Corp., respondent, v State of New York Division of Housing and Community Renewal, etc., appellant. (Index No. 50522/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated July 9, 2003.
Upon the papers filed in support of the motion and upon the stipulation of the parties dated May 12, 2004, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until June 21, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
ALTMAN, J.P., SMITH, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11900
CF/
|
2004-01762 In the Matter of Jackie DeCamp, respondent, v Brian DeCamp, appellant. (Docket No. F-7038-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated January 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11925
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-10215 In the Matter of Jill DiGiacomo, respondent, v Nicholas DiGiacomo, appellant. (Docket No. F-1479/86)
| DECISION & ORDER ON MOTION |
Appeal by Nicholas DiGiacomo from an order of the Family Court, Suffolk County, dated October 1, 2003. By order to show cause dated April 30, 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 18, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation 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 March 18, 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
Appellate Division: Second Judicial Department
M11895
M/nal
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2003-11199 In the Matter of Aniyah F. (Anonymous). Administration for Children's Services, appellant; Monica F. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Alice F. (Anonymous). Administration for Children's Services, appellant; Monica F. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Olivia F.-G. (Anonymous). Administration for Children's Services, appellant; Monica F. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. N-9448/02, N-9449/02, N-9450/02)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated December 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11893
M/nal
|
2003-06293 In the Matter of Kiara L. (Anonymous). Administraton for Children's Services, respondent; Jacqueline L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Karisma L. (Anonymous). Administraton for Children's Services, respondent; Jacqueline L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Zahaira L. (Anonymous). Administraton for Children's Services, respondent; Jacqueline L. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-5045/02, N-5046/02, N-5047/02) In the Matter of Arianna P. (Anonymous). Administraton for Children's Services, respondent; Barbara A. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-17505/02)
| SCHEDULING ORDER |
Appeal from an order of the Family Court, Kings County, dated July 2, 2003. The appellants' brief was filed in the office of the Clerk of this court on May 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11884
M/nal
|
2003-06751, 2003-06754, 2003-06755
In the Matter of Elizabeth Susanna R. (Anonymous), a/k/a Elizabeth R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-25036-02) In the Matter of Victor Manuel R. (Anonymous), a/k/a Victor R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-25037-02) In the Matter of Ruben Leonel R. (Anonymous), a/k/a Ruben R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-25038-02)
| SCHEDULING ORDER |
Appeals by Victor R., a/k/a Victor Hugo R. from three orders of the Family Court, Kings County, all dated June 23, 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 7, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11856
C/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-04196 In the Matter of Florentino R., Jr., (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Krystina R. (Anonymous), et al., respondents. (Docket No. N 7856/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated May 10, 2004, inter alia, to stay enforcement of so much of the order as directed that the respondents be granted increased unsupervised visitation with the subject child.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of so much of the order dated May 10, 2004, as directed that the respondents be granted increased unsupervised visitation with the subject child is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 25, 2004, and the motion is otherwise denied; 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 respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that pending the hearing and determination of the appeal, the respondents shall have unsupervised visitation with the subject child of three hours per week, and supervised visitation shall continue in accordance with prior orders of the Family Court.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11898
R/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-00035 In the Matter of Christopher W. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondents. (Proceeding No. 1) In the Matter of Destiny R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondents. (Proceeding No. 2) In the Matter of Michael R. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Kathleen W. (Anonymous), appellant; et al., respondents. (Proceeding No. 3) (Docket Nos. NN-3669/03, NN-3670/03, NN-3671/03)
| DECISION & ORDER ON MOTION |
Appeal by Kathleen W. From an order of the Family Court, Orange County, dated October 31, 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 based on the appellant's failure to comply with a decision and order on motion dated March 25, 2004, which granted the appellant leave to renew a motion for leave to prosecute the appeal as a poor person on or before April 15, 2004.
Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the time of the appellant to comply with the decision and order on motion dated March 25, 2004, by renewing her motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is enlarged until June 4, 2004, and the motion must be filed on or before that date.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11892
M/nal
|
2003-10473 In the Matter of Kadeem W. (Anonymous), appellant. (Docket No. D-10362/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated November 5, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11879
C/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-10745, 2002-10746, 2003-10056, 2003-10057 In the Matter of Elizabeth P. Wang, deceased. Ann Wang Houck, petitioner-respondent; Lily Wang, objectant-appellant, Doris Wang, respondent-appellant; Edward D. Wang, et al., respondents-respondents. (File No. 1496-PP-1999)
| DECISION & ORDER ON MOTION |
Motion by the objectant-appellant for leave to reargue appeals from (1) an order of the Surrogate's Court, Suffolk County, dated October 18, 2002, (2) a decree of the same court dated October 18, 2002, (3) letters testamentary of the same court dated October 25, 2002, and (4) a decision of the same court dated August 8, 2002, which were determined by decision and order of this court dated March 29, 2004, and to reargue a motion to strike the brief of the petitioner-respondent and the respondents-respondents, which was determined by decision and order on motion of this court dated March 29, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, dated March 29, 2004, and the decision and order on motion dated March 29, 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, with $100 costs.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11885
S/sl
|
2003-02069, 2003-02401
The People, etc., respondent, v Cheng Kang Shi and Yu Feng Shi, appellants. (Index No. 582/01)
| 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 appeals from two judgments of the Supreme Court, Queens County, both rendered March 3, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 29, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11922
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2004-01805 The People, etc., respondent, v Tony Curtis, appellant. (Ind. No. 10552/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered January 26, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By order to show cause dated April 26, 2004, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal from the judgment on the ground that the judgment was merely a purported judgment from which no appeal lies, as it is nothing more than a proceeding to cause a judgment of the same court rendered October 5, 2001, to be brought to execution (see People v Crawford, 239 AD2d 515), and the motion for leave to prosecute the appeal as a poor person and for assignment of counsel was held in abeyance in the interim.
Now, on the court's own motion, and upon the papers filed in support of the motion for leave to prosecute the appeal as a poor person, and the papers filed in response thereto and in response to the order to show cause, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.,
Appellate Advocates
2 Rector Street, 10th floor
New York, New York 10006
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 0775
Box 800
Napanoch, New York 12458
Appellate Division: Second Judicial Department
M11878
C/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
1999-05500 The People, etc., respondent, v Larry Lattimore, appellant. (Ind. No. 9991/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered June 2, 1999, which was determined by decision and order of this court dated March 1, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11663
F/
DANIEL F. LUCIANO, J.
|
2004-00489
The People, etc., plaintiff, v Vance Maxwell, defendant. (Ind. No. 2387/96)
| 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 December 18, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M11928
S/sl
|
1999-08176
The People, etc., respondent, v Vinicio Valverde, appellant. (Ind. No. 98-464)
| 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 County Court, Rockland County, rendered July 20, 1999.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 9, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11886
S/sl
|
2003-02070
The People, etc., respondent, v Zi Huang Wang, appellant. (Index No. 582/01)
| 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 a judgment of the Supreme Court, Queens County, rendered March 3, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 8, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court