Appellate Division: Second Judicial Department
M12082
E/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-00886, 2004-00887 Ross Adamo, respondent, v Janet Adamo, appellant.
(Index No. 3443/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Orange County, dated July 9, 2003, and December 17, 2003, respectively, to stay enforcement of the order dated July 9, 2003, pending hearing and determination of the appeals.
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 July 9, 2003, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 6, 2004; and it is further,
ORDERED that in the event the appeals are not perfected on or before July 6, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12114
CF/
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2003-06492 Allstate Insurance Company, appellant, v Joseph Labate, et al., respondents. (Index No. 18990/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated June 9, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M12151
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GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-02963
Martin A. Birnbaum, plaintiff-respondent v Pasquale Constanza, et al., defendants- respondents, Jayne A. Spadaro, appellant. (Index No. 3486/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated February 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 6, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 6, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12084
R/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03228 Timothy Buxton, etc., et al., appellants, v Steven J. Ruden, etc., et al., respondents.
(Index No. 16477/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, entered January 27, 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 entered January 27, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 2, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 2, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12163
S/sl
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2003-07595
Luis Carmo, respondent, v Verizon, appellant. (Index No. 15920/01)
| 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, Nassau County, dated June 2, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 10, 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
M12159
S/sl
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2003-02584, 2003-09252
Certified Electrical Contracting Corp., respondent-appellant, v City of New York (Department of Transportation), appellant- respondent. (Index No. 8376/97)
| ORDER ON APPLICATION |
Application by the respondent-appellant on appeals and cross appeals from two orders of the Supreme Court, Queens County, dated January 2, 2003, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief responding to the brief of the appellant-respondent.
ORDERED that the application is granted and the respondent-appellant's time to serve and file a brief responding to the brief of the appellant-respondent is enlarged until June 11, 2004, and the respondent-appellant's responsive brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant-respondent's reply brief shall be served and filed on or before July 16, 2004; and it is further,
ORDERED that the respondent-appellant's reply brief shall be served and filed 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
M12174
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GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2003-11104 Douglas Cervantes, et al., appellants, v Kevin Miller, etc., et al., respondents (Index No. 18472/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated October 16, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until July 6, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12126
CF/
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2003-10820 Countrywide Home Loans, Inc., appellant, v Alfred Elegba, respondent. (Index No. 7715/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated September 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
M12164
CF/
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2003-06023 John M. Denefrio, etc., et al., respondents- appellants, v First Unum Life Insurance Company, appellant-respondent. (Index No. 5133/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondents-appellants to withdraw an appeal and a cross appeal from a judgment of the Supreme Court, Rockland County, dated June 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 and cross-appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12101
CF/
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2004-00842 Bryan Drimmer, respondent, v City University of New York, appellant. (Claim No. 102406)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an interlocutory judgment of the Court of Claims, 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
M12123
CF/
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2003-10767 Natoya S. Edwards, et al., appellants, v Giulio Stenta, etc., et al., respondents. (Index No. 4588/02)
| 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 October 8, 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
M12180
S/sl
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2003-09033
Paul Galletta, appellant, v Snapple Beverage Corp., respondent. (Index No. 28211/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 7, 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
M12194
L/
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
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2003-01985
Tricia C. Gaya, etc., et al., respondents, v Roman Catholic Church of Saint Charles Borromeo, et al., appellants, et al., defendant. (Index No. 20379/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered January 27, 2003.
Upon the stipulation of the attorneys for the respective parties, dated June 2, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
KRAUSMAN, J.P., LUCIANO, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12183
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HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2004-02327
Niveen Hanna, respondent, v Magdy S. Hanna, appellant. (Index No. 5541/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, dated December 11, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12112
CF/
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2004-01378 Alyssa Hugel, et al., respondents, v Robinson's Ambulance & Oxygen Service, Inc., et al., appellants. (Index No. 15267/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated January 15, 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
M12129
PL/sl
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2003-10034
Melvyn Kaufman, et al., appellants, v State of New York, respondent. (Claim No. 106941)
| 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 Court of Claims, dated October 1, 2003.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11874
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
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2003-04461 Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, dated May 15, 2003, inter alia, to dismiss the appeal on the ground that the record is incomplete, or to enlarge the time to serve and file a brief. By decision and order on motion dated January 22, 2004, the matter was remitted to the Supreme Court, Westchester County, to settle the record on appeal and to file a report with this court setting forth the material it considered in determining the motion which resulted in the order dated May 15, 2003. The Supreme Court, Westchester County, filed its report on or about March 17, 2004. By decision and order on motion of this court dated May 13, 2004, the appellant was directed, inter alia, to serve and file a supplemental appendix on or before June 3, 2004, containing, among other things, Exhibits 7-11, 12-13, and 14-16, which were submitted in connection with the underlying motion and cross motion, insofar as those exhibits were not already contained in the appendix.
Now, on the court's own motion, it is
ORDERED that the matter is remitted to the Supreme Court, Westchester County, to specifically identify the papers which constitute Exhibits 7-11, 12-13, and 14-16, which were submitted in connection with the underlying motion and cross motion and to file a report setting forth the identity or providing a detailed description of those exhibits. The Supreme Court, Westchester County, shall file its report with all convenient speed; and it is further,
ORDERED that the time of the appellant to comply with the decision and order on motion dated May 13, 2004, and the time of the respondent to serve and file her brief are stayed pending receipt of the report from the Supreme Court, Westchester County.
SANTUCCI, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12154
CF/
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2003-09071 Kreisler, Borg & Florman, et al., respondents, v Insurance Corporation of New York, appellant. (Index No. 19497/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated June 26, 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
M12105
PL/sl
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2003-09331
Frank Maldonado, appellant, v Novartis Pharmaceuticals Corporation, et al., respondents. (Index No. 6518/99)
| ORDER ON APPLICATION |
Application by the respondents 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, Rockland County, dated September 17, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 18, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM12086
R/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2003-07727 Joseph Mazzella, appellant, v Socony Mobil Company, Inc., et al., respondents. (Index No. 12854/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered July 25, 2003, on the ground that the record on appeal is incomplete, and cross motion by the appellant, in effect, to enlarge the record on appeal to include, inter alia, omitted deposition transcripts.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the cross motion is granted, and on or before June 24, 2004, the appellant shall serve and file a supplemental record containing the transcript of his deposition dated October 8, 2002, and the deed dated March 21, 1998, which were appended to the respondents' motion for summary judgment; it is further,
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file their brief is enlarged until July 26, 2004.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12136
PL/sl
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2003-10575, 2003-10576
William J. McGimpsey, appellant, v J. Robert Folchetti & Associates, LLC, et al., respondents. (Index No. 2330/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated October 28, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until June 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12145
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2003-11383 Merkos L'inyonei Chinuch, Inc., et al., respondents, v United Lubavitcher Yeshivoth, appellant. (Index No. 30793/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 29, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 16, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12179
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FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
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2003-08885 Peter Miller, appellant, v Gregory Kliger, et al., respondents. (Index No. 4586/01)
| DECISION & ORDER ON MOTION |
Motion by Kronish Leib Weiner & Hellman, LLP, the attorney for the respondents, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated April 29, 2003, and application by the respondents to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and application and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion and application are granted, and Kronish Leib Weiner & Hellman, LLP, is relieved from representing the respondents with respect to the instant appeal; and it is further,
ORDERED that on or before June 17, 2004, Kronish Leib Weiner & Hellman, LLP, is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order on motion 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 respondents, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until August 3, 2004, and the respondents' brief must be served and filed on or before that date.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12168
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN, JJ.
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2003-09663, 2003-09666
Javier Morales, et al., plaintiff, v Federated Department Stores, Inc., et al., defendants, Summit Waterproofing & Restoration Corp., defendant third-party plaintiff-appellant; APA Restoration, Inc., third-party defendant-respondent. (Index No. 32050/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated July 31, 2003 and August 19, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12032
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ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
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2004-02440 Maria Morejon, etc., plaintiff-respondent, v Rais Construction Company, et al., appellants, Barry Kleiman, et al., defendants-respondents. (Index No. 30033/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings, including the trial on the issue of damages, in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 26, 2004. Cross motion by the plaintiff-respondent, inter alia, to dismiss the appeal on the ground that the appellants' record and brief contains or refers to matter dehors the record, or in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and all proceedings, including the trial on the issue of damages, in the above-entitled action are stayed pending the hearing and determination of the appeal; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report on the issues of (1) whether medical records from Jamaica Hospital, which appear on pages 591 through 1100 of the record on appeal, were attached as Exhibit B to the Affirmation in Opposition by Jolie L. Schwell dated October 10, 2003, and whether the medical records, particularly the Jamaica Hospital Case Summary by Arun Bhandani Chart No. 646159, were considered in issuing the order dated February 26, 2004, and (2) whether the following documents were considered in issuing the order dated February 26, 2004:
(a) Exhibits A, B, C, D, E and F to the Affirmation in Support by Eileen Ventura dated June 28, 2002, and the accompanying exhibit,
(b) the Affirmation in Good Faith by Eileen Ventura dated June 28, 2002,
(c) the Notice of Cross Motion to Dismiss by the defendants Barry Kleiman and Susan Kleiman dated July 25, 2002, all affidavits in support and opposition thereto, and accompanying exhibits,
(d) the Notice of Cross Motion by the plaintiff dated August 9, 2002, and all affidavits in support and opposition thereto, and accompanying exhibits;
and the cross motion is held in abeyance in the interim. The Supreme Court, Westchester County, shall file its report with all convenient speed.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12173
CF/
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2003-10753 New Life Designs, Ltd., appellant, v John A. Hammer, et al., respondents. (Index No. 3214/99)
| 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 September 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12160
CF/
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2004-00006 Jesus L. Pasuizaca, respondent, v Min Lin, appellant. (Index No. 8949/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12117
CF/
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2004-01071 Pergament Enterprises of State Island, Inc., plaintiff-respondent, v L.P.E. Land Development & Construction Inc., defendant- respondent, Robert Santino, et al., appellants. (Index No. 10541/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated December 16, 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
M12166
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2004-00187
Veronal Pinn, et al., appellants, v Baker's Variety, et al., respondents. (Index No. 10354/02)
| 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, Nassau County, dated December 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 31, 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
M12158
CF/
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2003-10358 William Popelaski, appellant, v Barbara Popelaski, respondent. (Index No. 200636/03)
| 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 October 9, 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
M12169
CF/
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2003-10655 Putnam County National Bank of Carmel, appellant, v Douglas Koberger, respondent. (Index No. 1571/03)
| 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 November 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12170
CF/
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2003-10656 Putnam County National Bank of Carmel, appellant, v Douglas Koberger, respondent. (Index No. 1572/03)
| 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 November 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12115
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GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2003-08069 Gregory Renna, et al., appellants, v Andrea Gullo, et al., respondents. (Index No. 048531/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated July 14, 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 it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until July 6, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12133
PL/sl
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2003-10615
Jovan Rodriguez, etc., respondent, v Booth Memorial Medical Center, et al., appellants. (Index No. 10645/89)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 29, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 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
M12177
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2003-10658
Robert J. Shaughnessy, appellant, v County of Nassau, et al., respondents. (Index No. 017037/96)
| 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, Nassau County, dated October 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12171
CF/
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2004-02975 Siedlecki Construction Company, Inc., respondent, v D.P. Consulting Corporation, et al., appellants. (Index No. 17737/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12102
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2004-02493 Renee St. Amand, et al., plaintiffs-respondents, v Hyde Park Central School District, defendant third-party plaintiff; Craig Moyse, et al., third-party defendants-appellants. (Index No. 5129/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Dutchess County, dated February 20, 2004.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12104
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GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-03581 St. John's Queens Hospital, plaintiff, v Rebeca Armatas, defendant.
(Index No. 420/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court form an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated December 10, 2003, which affirmed an order of the Civil Court, Queens County, dated February 22, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12135
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2003-10850
George Thomas, appellant, v Donald Thomas, respondent. (Index No. 29351/91)
| 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 November 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12161
CF/
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2004-03401 Laureen Wells, appellant, v Ronn Gaines, respondent. (Index No. 17410/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered March 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
M12099
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2004-03653 Louis P. Welz, respondent, v Judy Welz, appellant. (Index No. 10532/04)
| 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 April 1, 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
M12138
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HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2003-06514 In the Matter of Ricky A. (Anonymous), appellant. (Docket No. D-844-03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 19, 2004, in the above-entitled matter is amended by deleting from the preamble thereof the date "April 29, 2003", and substituting therefor the date "June 12, 2003".
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12148
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2004-04654 In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Docket Nos. N-03477-02, N-03478-02, N-03479-02 N-03480-02, N-03481-02, N-03482-02)
| SCHEDULING ORDER |
Appeal by Steven H. from an order of the Family Court, Queens County, dated April 21, 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
M12134
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2004-04643 In the Matter of Corey C. (Anonymous), appellant. (Docket No. D-19616-03 )
| SCHEDULING ORDER |
Appeal by Corey C. from an order of the Family Court, Queens County, dated May 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 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
M11934
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2003-08103
In the Matter of Jose C. (Anonymous), appellant. (Docket No. D-19168-03)
| SCHEDULING ORDER |
Appeal by Jose C. from an order of the Family Court, Kings County, dated August 25, 2003. The appellant's brief was filed in the office of the Clerk of this court 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 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
M12089
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2004-03997, 2004-04769 In the Matter of Eduardo D.-B. (Anonymous), appellant. (Docket No. D-336-04)
| SCHEDULING ORDER |
Appeals by Eduardo D.-B. from two orders of the Family Court, Orange County, both 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 appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court 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
M12155
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2004-04527, 2004-04528 In the Matter of Dyshaun F. (Anonymous), appellant. (Docket No. D-10480-03)
| SCHEDULING ORDER |
Appeals by Dyshaun F. from two orders of the Family Court, Nassau County, dated April 22, 2004, and May 3, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M12143
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2003-06865
In the Matter of Ida M. Longobucco, petitioner, v Janet DeMarzo, et al., respondents. (Index No. 5620/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Suffolk County, dated August 29, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 1, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12215
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ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-00380
In the Matter of Franklin M. (Anonymous), appellant. (Docket No. D-10089-03)
| DECISION & ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Nassau County, dated January 2, 2004.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted to the extent that the respondents's time to serve and file a brief is enlarged until June 7, 2004, and the respondent's brief must be served and filed on or before that date, and the application is otherwise denied; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12109
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2003-08837 In the Matter of David Mahler, respondent, v Black Box Corporation, appellant. (Index No. 6336/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 17, 2003.
Upon the stipulation of the parties, dated May 4, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12140
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DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
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2002-06499 In the Matter of Thomas McCormick, appellant, v Diane Franklin, respondent (Docket No. V-180/02)
| DECISION & ORDER ON MOTION |
Appeal by Thomas McCormick from an order of the Family Court, Westchester County, dated July 2, 2002.
Now, on the court's own motion, it is
ORDERED that the time of the appellant to comply with a decision and order of this court dated March 22, 2004, which directed him to serve and file a brief, on or before May 24, 2004, is enlarged until June 24, 2004, and the appellant's brief shall be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12157
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GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-01620 In the Matter of Shaheim S. (Anonymous), appellant. (Docket No. D-3278-02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated February 4, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Etta Ibok, 26 Court Street, Suite 1601, Brooklyn, N.Y., 11242, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Karen Morth, Esq.
67 Wall Street - #5720 - 22nd Floor
New York, New York 10005-3101
(212) 804-5720
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12144
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2004-04645 In the Matter of Osdila Santiago, appellant, v Ismail Ibrahim, respondent. (Docket No. V-17218-98)
| SCHEDULING ORDER |
Appeal by Osdila Santiago from an order of the Family Court, Queens County, dated April 22, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes 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
M12122
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2003-09574
In the Matter of Star Rubbish Removal Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 14597/03)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated September 29, 2003.
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
M12185
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2004-04644 In the Matter of Hyacinth T. (Anonymous). Administration for Children's Services, respondent; Hyacinth T. (Anonymous), appellant. (Docket No. N-10623-03)
| SCHEDULING ORDER |
Appeal by the mother, Hyacinth T. from an order of the Family Court, Queens County, dated April 6, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M12175
E/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-02768 In the Matter of Errol Thomas, appellant, v Mark Leonard, etc., et al., respondents. (Index No. 4330/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated February 23, 2004, as a poor person, to waive the filing fee, for free transcripts, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dispense with printing is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are for waiver of the filing fee, free transcripts, and the assignment of counsel are denied.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M11931
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2003-09822
In the Matter of Angel V. (Anonymous), appellant. (Docket No. D-24696/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated October 1, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 26, 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
M12181
S/sl
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2003-08748 ORDER ON APPLICATION In the Matter of Village of Scarsdale, et al., appellants, v New York City Water Board, respondent. (Index No. 13254/98)
|
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 and judgment (one paper) of the Supreme Court, Westchester County, dated July 3, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until June 11, 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
M12178
E/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
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2002-06972 The People, etc., respondent, v Ali Bessaha, appellant. (Ind. No. 580/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Nassau County, rendered June 26, 2002.
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 leave to renew, unless the defendant renews his prior motion for leave to prosecute the appeal as a poor person and for the assignment of counsel on or before September 8, 2004.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M10184
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A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
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2004-00145 The People, etc., appellant, v Joseph Carnes and Frank Sluszka, respondents. (Ind. No. 1796/03)
| DECISION & ORDER ON MOTION |
The People having appealed from an order of the County Court, Nassau County, dated November 17, 2003, in the above-entitled action, pending against the defendants under Indictment No. 1796/03, and the appeal having been perfected on March 26, 2004, and the defendant Joseph Carnes having failed to timely file a brief in response thereto, now, in compliance with the requirements of People v Garcia (93 NY2d 42):
THE DEFENDANT JOSEPH CARNES IS HEREBY ADVISED
A. that he has the right to the assistance of counsel on the People's appeals;
B. that if he /is financially unable to retain counsel he may make an application to this court for the assignment of counsel, and, upon proof of such financial inability, one will be appointed for him;
C. that he has the right to forego the assistance of counsel and to respond to the People's appeals pro se; and
D. that unless within 60 days from the date of service upon him of a copy of this decision and order on motion, together with a copy of the People's brief and appendix on the appeals, the defendant responds to the appeals pro se or by retained counsel, or moves for the assignment of counsel to represent him, or moves for an enlargement of time to respond to the appeals, he shall be deemed to have waived his right to counsel on the appeals and they shall be heard and determined on only the People's brief and appendix, and original record; and,
E. that the address to which the defendant should respond to the appeals pro se or by retained counsel, or to which he should address a written application for the assignment of counsel or for an enlargement of time to respond to the People's appeals is:
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
45 Monroe Place
Brooklyn, N.Y. 11201
ON THE COURT'S OWN MOTION, it is:
ORDERED that the People are directed to serve a copy of this decision and order on motion, together with a copy of their brief and appendix on the appeals, upon the defendant Joseph Carnes, by personal delivery of the same to him; and it is further,
ORDERED that the People shall file proof of such service with the Clerk of this court within 20 days of the date hereof; and it is further,
ORDERED that the time of the defendant Joseph Carnes to respond to the appeals pro se or by retained counsel, or to move for the assignment of counsel, is enlarged until 60 days after the date of service upon him of a copy of this decision and order on motion together with a copy of the brief and appendix on the appeals, and in the event that he fails to so respond to the appeals, or to move for the assignment of counsel within that time, or fails to move for an enlargement of time to respond to the appeals, the defendant Joseph Carnes shall be deemed to have waived his right to counsel, and the appeals shall be considered and determined on only the People's brief and appendix, and original record; and it is further,
ORDERED that if personal service of a copy of this decision and order on motion cannot be made with due diligence, the People may make ex parte application to this court for an order authorizing alternative methods of service. Such an application shall be supported by affidavit or affidavits detailing the steps taken to find and serve the defendant personally.
PRUDENTI, P.J., RITTER, MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12142
S/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2001-07508 The People, etc., respondent, v Edward Myles, appellant. (Ind No. 2749/98)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its order to show cause dated March 5, 2004, in the above-entitled case is recalled and vacated, and the following order to show cause and order is substituted therefor:
Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 1, 2001, and, in effect, to discontinue the appeal without prejudice to reinstatement.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before July 2, 2004; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion, to be relieved of the assignment to prosecute the appeal and, in effect, to discontinue the appeal, is held in abeyance in the interim.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12176
E/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-03938
The People, etc., respondent, v Eric Torres, appellant.
(Ind. No. 7525-01)
| DECISION & ORDER ON MOTION Motion for Leave to Serve Late Notice of Appeal, for Poor Person Relief & to Assign Counsel - Appeal from Judgment |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered November 7, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is pursuant to CPL 460.30 for an extension of time to take the appeal is denied (see CPL 460.30[1]); and it is further,
ORDERED that the motion is otherwise denied as academic.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02-A-6304
Bare Hill Correctional Facility
Caller Box 20-181-Brand Road
Malone, NY 12953
Appellate Division: Second Judicial Department
M12191
PL/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-08418
The People, etc., respondent, v Terry Williford, appellant. (Ind. No. 7552/02)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief Appeal from Judgment |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 17, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 9, 2003, as a poor person.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); appellant's 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 appellant's 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 appellant's 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 in 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 appellant's 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 the appellant's time to perfect the appeal is enlarged; appellant's 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 appellant's counsel or his or her 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 appellant's 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, COZIER, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court