Appellate Division: Second Judicial Department
M12027
CF/
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2003-10611 Denise Alexander, et al., appellants, v Parker Jewish Institute for Health Care & Rehabilitation, et al., respondents. (Index No. 23272/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated September 12, 2003.
Upon the stipulation of the parties, dated May 24, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12055
S/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03021 Bennie Allen, etc., appellant, v State of New York, respondent. (Claim No. 107186)
| DECISION & ORDER ON MOTION |
Appeal by Bennie Allen from an order of the Court of Claims, dated October 24, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is transferred to the Appellate Division, Third Department, for hearing and determination (see Court of Claims Act § 24); and it is further,
ORDERED that all further proceedings in connection with this appeal shall be conducted pursuant to the rules of the Appellate Division, Third Department.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11956
F/
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-02212
George Balis, appellant, v Maxine Balis, respondent.
(Index No. 14947/92)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from an Order |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered March 1, 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 opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (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 set forth above to the appellant's counsel, without charge (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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
John R. Lewis, Esq.
36 Hemlock Drive
Sleepy Hollow, New York 10591
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 (22 NYCRR 670.1, et seq.) and written directions; 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.
FLORIO, J.P., TOWNES, MASTRO, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12051
CF/
|
2004-01310 Leonard Bernard, et al., respondents, v Lisa Grenci, appellant. (Index No. 27006/93)
| 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 January 21, 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
M12070
CF/
|
2003-11062 Raymond Bressingham, et al., appellants, v Jamaica Hospital Medical Center, et al., respondents. (Index No. 18362/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal rom an order of the Supreme Court, Queens County, dated October 17, 2003, insofar as asserted against Pyrosignal & Suppression, Inc.
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 insofar as asserted against Pyrosignal & Suppression, Inc. is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12073
S/sl
|
2003-10491
Trevor L. Brooks, appellant, v Michael Ross, respondent. (Index No. 38541/00)
| 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 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 22, 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
M12062
CF/
|
2004-01757 Heidi Brown, respondent, v Glen's Towing, Inc., d/b/a HHH Auto Body, defendant, BMW Financial Services, NA, Inc., appellant. (Index No. 4210/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12078
CF/
|
2004-01242, 2004-01244 Christopher Cirri, et al., appellants, v Daily News, L.P., respondent. (Index No. 26512/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from two orders of the Supreme Court, Kings County, both dated December 17, 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
M11933
PL/sl
|
2003-07626
Rosa Denning, respondent, v New York City Transit Authority, appellant. (Index No. 50623/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 20, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 16, 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
M12139
S/sl
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
2003-06346
Michael G. Dolin, etc., respondent, v Melvyn Roth, appellant. (Index No. 22051/98)
| DECISION & ORDER ON MOTION |
The defendant, Melvyn Roth, having appealed to this court from an order of the Supreme Court, Nassau County, dated June 20, 2003, and having perfected the appeal on September 12, 2003, and no brief having been filed by the respondent, the matter was placed on this court's calendar for April 1, 2004. By letter dated March 29, 2004, counsel for the appellant advised this court that the parties had resolved the issue raised on this appeal and that the appellant wished to withdraw the appeal. A stipulation to that effect was annexed to the letter, however, the stipulation was dated December 3, 2003. By order to show cause dated May 7, 2004, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and upon the papers filed in opposition thereto, it is
ORDERED that within 20 days after the service upon them of a copy of this decision and order on motion, the law firm of Rubin & Purcell, LLP, counsel for the appellant, and Thomas Liotti, counsel for the respondent, are each directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Queens County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
Under the circumstances the parties' failure to promptly advise this court that the issues raised on the appeal had been rendered academic warrants imposition of sanctions in the amounts indicated.
SANTUCCI, J.P., ALTMAN, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12048
CF/
|
2003-10394 Sharon Dominy, et al., respondents, v State of New York, appellant. (Claim No. 96580)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order and judgment (one paper) of the Court of Claims, dated November 5, 2003.
Upon the stipulation of the parties, dated May 10, 2004 and May 13, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11953
E/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-04183 Michael Duffy, et al., appellants, v Christa St. Germian, respondent. (Index No. 1492/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to stay enforcement of an order of the Supreme Court, Dutchess County, dated April 29, 2004, and to stay enforcement of any judgment entered upon the order, pending hearing and determination of an appeal from the order.
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 enforcement of the order dated April 29, 2004, and enforcement of any judgment entered upon the order, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 6, 2004, and on further condition that the sum of $27,900, representing the down payment paid by the defendant, be placed in an interest-bearing escrow account with the plaintiffs' attorneys pending hearing and determination of the appeal; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 6, 2004, or the down payment is not placed in an interest-bearing escrow account pending hearing and determination of the appeal, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12042
CF/
|
2004-00374 James Kevin Farmer, appellant, v Newmark & Company Real Estate, Inc., et al., respondents. (Index No. 27336/96)
| 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 November 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
M12047
PL/sl
|
2003-08586 First Data Merchant Services Corp., etc., respondent, v One Solution Corporation, etc., defendant third-party plaintiff-appellant, et al., defendants; First Data Merchant Services Corporation, et al., third-party defendants- respondents. (Index No. 5399/01)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Nassau County, dated July 29, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 22, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12052
CF/
|
2003-07550 Douglas Fortner, et al., appellants, v Anatoly Eyzenberg, etc., respondent. (Index No. 14828/94)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12075
CF/
|
2004-01047 Thomas Gleason, et al., respondents, v Donna M. Pennatto, appellant. (Index No. 17673/01)
| 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 December 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12076
CF/
|
2004-03187 Thomas Gleason, et al., respondents, v Donna M. Pennatto, appellant. (Index No. 17673/01)
| 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 March 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
M12065
CF/
|
2004-00342 Christian H. Gomez, respondent, v Neil C. Bicknell, et al., appellants. (Index No. 321/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12043
CF/
|
2004-03637 Matthew J. Hopp, respondent, v Fran B. Chester, et al., appellants. (Index No. 9661/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated August 25, 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
M12037
CF/
|
2004-01492 Anthony Joga, respondent, v Vidibi Corporation, defendant, Parkway Grocery & News, Inc., appellant. (Index No. 39470/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12066
CF/
|
2004-01364 Tom Jones, etc., respondent, v United States Liability Insurance Group, appellant. (Index No. 15620/03)
| 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 January 8, 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
M12001
R/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-01761, 2004-03517
Krystina Leha, etc., et al., appellants, v Yonkers General Hospital, et al., respondents, et al., defendants. (Index No. 18402/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents Yonkers General Hospital, Christine Sosenko-Porytko, and Hena Santhanam, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered May 22, 2003, on the ground that the appeal has not been timely perfected and application by the appellants to withdraw the appeal from the order entered May 22, 2003, and to withdraw an appeal from a judgment of the same court dated January 16, 2003.
Upon the papers filed in support of the motion and application, and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is to withdraw the appeal from the order dated May 22, 2003, is granted and that appeal is marked withdrawn; and it is further,
ORDERED that the branch of the application which is to withdraw the appeal from the judgment dated January 16, 2003, is denied as that appeal was dismissed by decision and order on motion of this court dated November 25, 2003; and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12069
CF/
|
2004-00484 Chaya Lieblich, et al., respondents, v Red Apple Fruit & Grocery Corp., d/b/a Lerman's, appellant. (Index No. 46795/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated December 9, 2003.
Upon the stipulation of the parties, dated May 11, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12074
S/sl
|
2003-10805 Prek Makaj, et al., appellants, v Metropolitan Transportation Authority, et al., respondents. (Index No. 14288/02)
| 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, Queens County, dated October 20, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 2, 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
M12064
CF/
|
2004-01215 Jeffrey Massina, plaintiff-respondent, v Brian Lee Schepel, et al., defendants-respondents; Douglas B. Cable, appellant. (Index No. 18310/98)
| 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 January 14, 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
M12025
CF/
|
2004-00502 Mobashir Miah, appellant, v Botanical Realty Associates, LLC, respondent. (Index No. 17401/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated December 19, 2003.
Upon the stipulation of the parties, dated May 19, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12060
S/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-10853 Georgia Michaels, etc., et al., respondents, v Zoom Flume, Inc., appellant. (Index No. 7662/00)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Nassau County, dated October 28, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order determining a motion in limine (see Cotgreave v Public Administrator of Imperial County [Cal.], 91 AD2d 600).
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12046
CF/
|
2003-11425 Jerome Miller, respondent, v Tyco International (US) Inc., defendant, AFC Cable Systems, appellant. (Index No. 14535/01)
| 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 December 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12079
S/sl
|
2003-08455
Noble Drew Ali Plaza Tenants Association, respondent, v Noble Drew Ali Plaza Housing Corp., et al., defendants, New Lots Family Transitional Center LLC, et al., defendants- appellants; City of New York, et al., intervenors-appellants. (Index No. 53655/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 3, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 28, 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
M12000
R/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-03485 Katherine Otto, respondent, v Lawrence Otto, appellant
(Index No. 10618/01)
| 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, Suffolk County, dated March 14, 2003, and to enlarge the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondent's brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 1, 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; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12024
CF/
|
2003-08222 Julio Palomino, respondent, v State Farm Insurance Company, appellant. (Index No. 17701/94)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated July 10, 2003.
Upon the stipulation of the parties, dated May 17, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12040
CF/
|
2003-11037 Sonya Parker, respondent, v New York City Transit Authority, appellant. (Index No. 17675/93)
| 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 September 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12035
CF/
|
2004-01579 Steven Pitt, appellant, v Lynn A. Pitt, respondent. (Index No. 12116/99)
| 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 January 9, 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
M12030
CF/
|
2003-09579 Premier-New York, Inc., appellant, v Carle Place Union Free School District, respondent. (Index No. 6500/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 7, 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
M12045
CF/
|
2004-01558 Mary Fazio Reda, appellant, v Jamal Abdul Jalil, respondent. (Index No. 17683/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12049
PL/sl
|
2003-11236
The Robert Plan Corporation, et al., appellants, v Perot Systems Corporation, respondent. (Index No. 17012/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 21, 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
M12118
L/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2002-07121
Maria T. Rodriguez, respondent, v City of New York, defendant; E. Petracca & Co., appellant. (Index No. 3640/00)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 26, 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 deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12029
CF/
|
2004-03122 Shelly Schettino, respondent, v Great Atlantic & Pacific Tea Company, Inc., appellant. (Index No. 18385/01)
| 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 March 25, 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
M12031
CF/
|
2004-01527 Tyshawn Smalls, et al., respondents, v Cormil Francoimene, et al., appellants. (Index No. 17734/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 1, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12050
CF/
|
2004-00312 Elias Diab Tayeh, appellant, v Royal Farms, Inc., respondent. (Index No. 27458/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated November 19, 2003.
Upon the stipulation of the parties, dated May 11, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12038
CF/
|
2004-00708 Denise A. Terio, appellant, v Lance Roger Spodek, et al., respondents. (Index No. 386/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated December 15, 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
M12077
S/sl
|
2003-09748
Enrique Torres, et al., appellants, v Ronald Lowinger, et al., respondents. (Index No. 20635/98)
| ORDER ON APPLICATION |
Application by the respondents Ronald Lowinger, Andrew Lowinger, A&R Real Estate, Inc., and Newmark Real Estate, 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, Queens County, dated October 10, 2003.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until June 1, 2004, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12067
CF/
|
2003-10350 Jeremy Tubens, et al., appellants, v Home Depot U.S.A., Inc., respondent. (Index No. 18268/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 20, 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
M12036
CF/
|
2004-00739 Edna Turner, plaintiff-respondent, v Lazar Enterprises of Franklin, defendant, Arby's Tri County Food, d/b/a Arby's, respondent, Robert Krotje, appellant. (Index No. 574/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated November 12, 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
M12071
S/sl
|
2003-09545
Vitals986, Inc., et al., appellants, v Healthwave, Inc., respondent.
(Index No. 5470/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Rockland County, dated September 27, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 7, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12053
CF/
|
2003-10839 W. H. Brownyard Corporation, respondent- appellant, v National Union Fire Insurance Company of Pittsburgh, PA, appellant-respondent. (Index No. 21750/94)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated August 25, 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 and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12137
E/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-04256 In the Matter of Jill B. (Anonymous), respondent; Pilgrim Psychiatric Center, appellant. (Index No. 9332/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated May 7, 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 May 7, 2004, is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that on the court's own motion, the motion papers are deemed to be the record and the parties' respective briefs on the appeal; and it is further,
ORDERED that the appellant, if it be so advised, shall serve and file a supplemental affirmation on or before June 9, 2004, and the appellant's supplemental affirmation is due on or before that date; and it is further,
ORDERED that the respondent, if she be so advised, shall serve and file a supplemental affirmation on or before June 14, 2004, and the respondent's supplemental affirmation is due on or before that date; and it is further,
ORDERED that the appeal shall be placed on the calendar for Tuesday, June 22, 2004, and the appeal shall be argued or submitted on that date.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11914
M/nal
|
2004-04449 In the Matter of Rebecca L. Carley, appellant, v Michael Carley, respondent. In the Matter of Michael Carley, respondent, v Rebecca L. Carley, appellant. (Docket Nos. V-2701-99, V-2702-99)
| SCHEDULING ORDER |
Appeal by Rebecca L. Carley from an order of the Family Court, Nassau County, dated April 20, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled 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 appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M11969
M/nal
|
2003-04556 In the Matter of Starcy G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; James G. (Anonymous), appellant; Joy-Ann G. (Anonymous), respondent-respondent. (Docket Nos. N-8564-02, N-8565-02)
| SCHEDULING ORDER |
Appeal by James G. from an order of the Family Court, Suffolk County, dated April 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 27, 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
M11981
M/nal
|
2003-10813 In the Matter of Stephanie G. (Anonymous), appellant. (Docket No. D-07732/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated November 17, 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 July 1, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12072
CF/
|
2003-09594, 2003-09597 In the Matter of Michelle Lippa Gartner, respondent, v Antonia C. Novello, appellant. (Index No. 15427/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from an order of the Supreme Court, Nassau County, dated June 30, 2003, and an order and judgment (one paper) of the same court, dated August 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12041
CF/
|
2003-10468 In the Matter of Jesse J. (Anonymous), appellant. (Docket No. D-14358-01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Family Court, Queens County, dated October 29, 2003.
Upon the stipulation of the parties, dated May 26, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12034
M/nal
|
2003-00481, 2003-00483 In the Matter of Nicole Knight, et al., respondents, v Christopher Griffith, appellant. (Proceeding No. 1) (Docket No. V-09410-02) In the Matter of Nicole Knight, et al., respondents, v Cheryl D. Griffith, appellant. (Proceeding No. 2) (Docket No. V-16275-02)
| SCHEDULING ORDER |
Separate appeals by Christopher Griffith and Cheryl Griffith from two orders of the Family Court, Kings County, both dated November 22, 2002. The brief on behalf of the appellant Christopher Griffin was served and filed on April 27, 2004, and brief on behalf of the appellant Cheryl Griffith was served and filed on May 25, 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
M11970
M/nal
|
2003-08411, 2003-08412
In the Matter of Arial Ana O. (Anonymous). Administration for Children's Services, petitioner-respondent; Milagros O. (Anonymous), appellant; et al., respondent. (Docket No. B-15842/00) In the Matter of Cristal Lee O. (Anonymous). Administration for Children's Services, petitioner-respondent; Milagros O. (Anonymous), appellant; et al., respondent. (Docket No. B-15841/00)
| SCHEDULING ORDER |
Appeals by Milagros O. from two orders of the Family Court, Queens County, both dated September 5, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 27, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M12058
M/nal
|
2003-07136
In the Matter of Carlos P. (Anonymous), appellant. (Docket No. D-3242-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Orange County, dated August 13, 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 July 7, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12033
M/nal
|
2004-01271 In the Matter of Stephen R. Penn, appellant, v Ingrid M. Penn, respondent. (Docket Nos. V-21834-03, V-21835-03)
| SCHEDULING ORDER |
Appeal by Stephen R. Penn from an order of the Family Court, Queens County, dated January 13, 2004. By decision and order on motion of this court dated May 12, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
David M. Shapiro, Esq.
903 Sheridan Avenue - 2nd Floor
Bronx, New York 10451
(718) 681-2628
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated May 12, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M12054
M/nal
|
2004-03939 In the Matter of Benjamin Perez, v Grissel M. Sepulveda, appellant. (Docket No. V-17007-01)
| SCHEDULING ORDER |
Appeal by Grissel M. Sepulveda from an order of the Family Court, Queens County, dated April 30, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M11968
M/nal
|
2003-04280 In the Matter of Elaine Powell, respondent, v Kenneth Lewis, appellant. (Docket No. F-365-00)
| SCHEDULING ORDER |
Appeal by Kenneth Lewis from an order of the Family Court, Kings County, dated April 15, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 27, 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
M12061
L/
|
2003-10541
In the Matter of Anthony S. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Pansy R. (Anonymous), nonparty-respondent; Mary D. (Anonymous), nonparty-appellant. (and another proceeding) (Docket Nos. N-1734/01, N-2147/98)
| 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 October 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12063
S/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-10948 In the Matter of Stanley A. Sanders, respondent, v Board of Education of the City School District of the City of New York, et al., appellants. (Index No. 51299/02)
| DECISION & ORDER ON MOTION |
Appeal by Board of Edcuation of the City School District of the City of New York, and Community School District 22 of the Board of Education of the City of New York from an order of the Supreme Court, Kings County, dated August 7, 2003.
Now, on the court's own motion, it is
ORDERED that the appellants' notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]).
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12131
S/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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 27, 2004, in the above-entitled matter is amended by deleting from the final decretal paragraph thereof the date "June 4, 2004", and substituting therefor the date "June 21, 2004".
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11913
M/nal
|
2004-04450 In the Matter of Rosalie Westenberger, respondent, v Kurt Westenberger, appellant. (Docket No. F-2837-01)
| SCHEDULING ORDER |
Appeal by Kurt Westenberger from an order of the Family Court, Nassau County, dated April 14, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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
M11966
M/nal
|
2004-03764 In the Matter of Michael Zapken, respondent, v Mary Marshall, appellant. (Docket No. V-2749-93)
| SCHEDULING ORDER |
Appeal by Mary Marshall from an order of the Family Court, Richmond County, dated April 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M12059
S/sl
DAVID S. RITTER, J.P.
|
2003-09187 The People, etc., respondent, v Lori Elmendorf, appellant. (Ind. No. 57/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Dutchess County, rendered July 25, 2003, and to release the appellant on her own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed as the motion was made by an attorney who is not the appellant's attorney of record.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M11961
R/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2002-04908 The People, etc., respondent, v Christopher Jackson, appellant.
(Ind. No. 01-00444)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered May 15, 2002, and for assignment of new 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.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12056
Y/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03439
The People, etc., respondent, v Kristian Lopez, appellant. (Ind. No. 58042/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Criminal Court, Queens County, rendered March 23, 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 opposition thereto, it is
ORDERED that on the court's own motion, the appeal and motion are transferred to the Appellate Term for the Second and Eleventh Judicial Districts, as the appeal is from a judgment of the Criminal Court, Queens County (see CPL 450.60[4]); and it is further,
ORDERED that all further proceedings in connection with this appeal shall be conducted pursuant to the rules of the Appellate Term for the Second and Eleventh Judicial Districts.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12068
CF/
|
2003-10105 The People, etc., respondent, v Earl McCoy, appellant. (Ind. No. 8900/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered October 22, 2003.
Upon the stipulation of the parties, dated May 17, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11909
F/
DAVID S. RITTER, J.P.
|
2004-02532
The People, etc., plaintiff, v Harry Millet, defendant. (Ind. No. 544/01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 16, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M9110
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
1999-04230
The People, etc., respondent, Motion to (Ind. No. 85/97)
| DECISION & ORDER ON MOTION Assign Counsel v James M. Myron, appellant. |
Motion by the appellant pro se for assignment of counsel on an appeal from a judgment of the County Court, Rockland County, rendered March 26, 1999.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, on or before July 15, 2004, the appellant shall file the copy of the pro se brief which was previously submitted to the Clerk of this court and shall serve one copy of said brief on the District Attorney.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11907
F/
DAVID S. RITTER, J.P.
|
2004-03029
The People, etc., plaintiff, v John Perez, defendant. (Ind. No. 11410/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 10, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M11910
F/
ROBERT W. SCHMIDT, J.P.
|
2004-03722
The People, etc., plaintiff, v Clyde Purnell, defendant. (Ind. No. 2965-02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated March 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.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M11908
F/
DAVID S. RITTER, J.P.
|
2004-03026
The People, etc., plaintiff, v Oscar Rhodes, defendant. (Ind. No. 2911/97)
| 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 March 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.
DAVID S. RITTER
Associate Justice
Appellate Division: Second Judicial Department
M11906
F/
DAVID S. RITTER, J.P.
|
2004-02765
The People, etc., plaintiff, v Thomas Thomches, defendant. (Ind. No. 1845/84)
| 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 March 10, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DAVID S. RITTER
Associate Justice