Appellate Division: Second Judicial Department
M12498
J/sl
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2003-09892
Salvatore Ciafone, respondent, v Ibn Kenyatta, appellant. (Index No. 1080/03)
| 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 September 19, 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
M12510
E/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-03191 April Daluise, etc., et al., respondents, v James Sottile, appellant.
(Index No. 12781/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from of an order of the Supreme Court, Richmond County, dated February 24, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12499
O/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2004-00903 Yenny Fernandez, plaintiff-respondent, v Andrea Car Service, Inc., et al., appellants, Mario F. Santa, defendant-respondent. (Index No. 26013/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated November 12, 2003, for leave to reargue the defendant-respondent's prior motion to dismiss the appeal, which was determined by decision and order on motion of this court dated March 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue is granted; and it is further,
ORDERED that upon reargument, the decision and order on motion dated March 26, 2004, is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the defendant-respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 12, 2003, on the ground that it was not timely taken.
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 appeal is dismissed, without costs or disbursements, insofar as asserted against the defendant-respondent.
RITTER, J.P., H. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12573
S/sl
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2003-05172
Thomas Gwyn, appellant, v 575 Fifth Avenue Associates, et al., defendants third-party plaintiffs-respondents; Initial Cleaning, third-party defendant-respondent. (Index No. 25546/98)
| ORDER ON APPLICATION |
Application by the defendants third-party plaintiffs-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, Queens County, dated April 16, 2003.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until June 24, 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
M12300
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
THOMAS A. ADAMS, JJ.
|
2003-01516 Veronica Hegeman, appellant, v Craig Bedford, respondent. (Index No. 38400/02)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 9, 2003, which was determined by decision and order of this court dated March 22, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12486
O/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2003-06763 Ira Johnson, et al., appellants, v New York City Transit Authority, et al., respondents. (Index No. 32157/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 10, 2003, for failure to timely perfect the same. Cross motion by the appellants to enlarge time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until July 12, 2004, and the record or appendix on 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.
FLORIO, J.P., ADAMS, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12535
PL/sl
|
2003-08982
Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)
| 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 September 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 14, 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
M12500
O/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
SANDRA L. TOWNES, JJ.
|
2003-00291 Alex Kourgouzov, appellant, v Portledge School, et al., respondents. (Index No. 9487/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered December 2, 2002, which was determined by decision and order of this court dated March 1, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SMITH, J.P., H. MILLER, GOLDSTEIN and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12508
O/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-09119, 2004-04173 Andrea Lopez, respondent, v Peter J. Corines, et al., appellants, et al., defendants. (Index No. 16980/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated September 5, 2003, and April 29, 2004, respectively, to dismiss the appeal from the order dated September 5, 2003, on the ground that no appeal lies from an order entered on the default of the appealing party, or in the alternative, in effect, to strike stated portions of the appellants' brief on the ground that they refer to issues not properly before this court, and to enlarge the time to serve and file a brief, and separate motion by the appellants to stay all proceedings in the above-entitled action, including the inquest, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions, and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated April 29, 2004, is dismissed on the ground that no appeal lies as of right from an order which is not the result of a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it is further,
ORDERED that the branches of the respondent's motion which are to dismiss the appeal from the order dated September 5, 2003, and to strike stated portions of the appellants' brief are referred to the bench hearing the appeal; and it is further,
ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until July 12, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellants' motion is granted and the proceedings in the above-entitled action, including the inquest, are stayed pending hearing and determination of the appeal from the order dated September 5, 2003.
FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12512
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2003-11042
NYCTL 1997-1 Trust, etc., et al., respondents, v Aref Shahipour, et al., defendants, Max Melamed, appellant. (Index No. 10618/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 22, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 8, 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
M12509
O/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-04224 Gennaro G. Ottomanelli, respondent, v Debra L. Ottomanelli, appellant. (Index No. 204409/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 10, 2004, to stay enforcement of the order, and, in effect, to enjoin the plaintiff from prosecuting an action for divorce in the State of New Jersey, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted to the extent that the plaintiff may continue to prosecute the divorce action in the State of New Jersey on condition that he continue to make the following payments pending hearing and determination of the appeal:
(a) the mortgage on the marital residence, including real estate taxes and homeowner's insurance;
(b) the following utilities at the marital residence:
(i) LIPA (electricity),
(ii) heating oil,
(iii) telephone, excluding cell phone, and
(iv) water;
(c) the appellant's automobile insurance premiums;
(d) all unreimbursed medical, dental, orthodontic, hospital, and prescription drug expenses of the parties' minor child;
(e) the sum of $260 per week as and for child support; and
(f) maintain medical and hospitalization insurance for the appellant and the parties' minor child;
and the motion is otherwise denied; and it is further,
ORDERED that the above stay is granted on the condition that the appellant perfect the appeal on or before July 12, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 12, 2004, 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., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12372
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-04531, 2004-02432 Allegra Achar Rajwan, respondent, v Ezra Rajwan, appellant. (Index No. 25053)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Supreme Court, Queens County, dated March 4, 2004, and May 12, 2004, respectively, pending hearing and determination of appeals therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12521
S/sl
|
2003-09077
Maureen Richardt, appellant, v Anna M. Richardt, et al., respondents. (Index No. 2457/03)
| 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, Suffolk County, dated September 29, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 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
M12524
J/sl
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2003-09255 Luis Romero, plaintiff-respondent, v John's Fruits and Vegetables, Inc., et al., defendants third-party plaintiffs-appellants; V&L Construction Corp., et al., third-party defendants-respondents. (Index No. 28075/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 8, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until June 30, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12533
S/sl
|
2003-08747 Albert Schwartzberg, et al., respondents, v Kingsbridge Heights Care Center, Inc., et al., appellants. (Index No. 17647/00)
| 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 appeal from a judgment of the Supreme Court, Westchester County, entered August 27, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 12, 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
M12489
O/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03899 Ester D. Schweitzer, plaintiff, v Sonja Bernstein, defendant. (Index No. 1896/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated October 1, 2003, which affirmed a judgment of the City Court, Westchester County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12547
J/sl
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2004-03839
63rd Drive Corp., respondent, v Hye Soon Kim, appellant. (Index No. 32127/01)
| 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 May 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 15, 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
M12571
J/sl
|
2003-09683
Susan Sommers, respondent, v Harold Sommers, appellant. (Index No. 27520/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated September 9, 2003.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until June 21, 2004, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, must be served and filed on or before July 1, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM12517
R/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-04439 South Amherst Ltd., appellant, v H.B.Singer, LLC, f/k/a H.B. Singer, Inc., et al., respondents.
(Index No. 6111/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 14, 2004, in effect, to enjoin the respondents, their attorneys, agents, servants, employees, and assigns, including Thor Realty, LLC, from selling, or otherwise transferring any interest to any or all or part of the appellant's leasehold interest in certain real property known as Block 8695, Lot 433, as set forth on the Tax Map for the Borough of Kings in the City of New York, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and pending hearing and determination of the appeal, the respondents, their attorneys, agents, servants, employees, and assigns, including Thor Realty, LLC, are enjoined and restrained from selling, or otherwise transferring any interest to any or all or part of the appellant's leasehold interest in certain real property known as Block 8695, Lot 433, as set forth on the Tax Map for the Borough of Kings in the City of New York, on condition that the appeal is perfected on or before July 14, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 14, 2004, the court, on its own motion, may vacate the injunction , or the respondents may move to vacate the injunction, on three days notice.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12504
O/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
ROBERT W. SCHMIDT
WILLIAM F. MASTRO, JJ.
|
2002-07450 Ivo Stejskal, et al., appellants, v Albert Simons III, et al., respondents (and a third-party action). (Index No. 28058/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated October 20, 2003, which determined an appeal from an order of the Supreme Court, Kings County, dated July 3, 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.
RITTER, J.P., SANTUCCI, SCHMIDT and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12549
J/sl
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2003-08019
Jane A. Wade, respondent, v Sheldon Steinfeld, appellant. (Index No. 17276/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated April 18, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12491
O/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
BARRY A. COZIER, JJ.
|
2004-01731 Georgie Ann Zielinski, a/k/a Georgie Ann McMorris, respondent, v William F. Zielinski, appellant. (Index No. 3625/81)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated February 4, 2004, in effect, to clarify a decision and order on motion of this court dated April 9, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12429
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-10248 In the Matter of John G. Chou, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
John G. Chou has voluntarily submitted an affidavit dated November 17, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Chou was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 18, 1985. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Chou presently resides in Pennsylvania, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of John G. Chou, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of John G. Chou is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, John G. Chou is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if John G. Chou has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12513
O/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-04529 In the Matter of Peter Cotter, respondent, v Dawn Brown, appellant. (Docket No. P-3153/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Family Court, Suffolk County, dated April 26, 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 denied.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12423
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-11067 In the Matter of Jennifer Ann Deland, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Jennifer Ann Deland has voluntarily submitted an affidavit dated December 13, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Deland was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 1, 1987. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Deland presently resides in Massachusetts, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Jennifer Ann Deland, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Jennifer Ann Deland is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Jennifer Ann Deland is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Jennifer Ann Deland has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12422
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2000-11844
In the Matter of Jeffrey E. Diamond, admitted as Jeffrey Edwin Diamond, a disbarred attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Jeffrey E. Diamond, respondent.
| DECISION & ORDER ON MOTION |
By opinion and order of this court dated June 2, 2003, the respondent was disbarred based upon his resignation. By prior opinion and order of this court dated February 3, 2003, the respondent was suspended from the practice of law for a period of three years as a result of a disciplinary hearing at which three charges of professional misconduct were sustained. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 29, 1988, under the name Jeffrey Edwin Diamond.
On the court's own motion, it is
ORDERED that pursuant to 22 NYCRR 691.10(g), Thomas P.L. Mahoney of 62-87 Woodhaven Boulevard, Rego Park, N.Y. 11374, is appointed as conservator to inventory the files of disbarred attorney Jeffrey E. Diamond, admitted as Jeffrey Edwin Diamond, and to take such action as is deemed proper and advisable to protect the interests of the disbarred attorney's former clients.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12490
Y/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
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2004-00630 In the Matter of Javon H. (Anonymous), appellant. (Docket No. E-27043/02)
| DECISION & ORDER ON MOTION |
Motion by Thomas Liotti, Esq., the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Family Court, Kings County, dated December 23, 2003.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Thomas Liotti, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before June 25, 2004, Thomas Liotti, Esq., is directed to serve his client and his client's parents or other person legally responsible for his client's care by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,
ORDERED that the appellant's time to serve and file a brief is extended until July 26, 2004.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12451
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-11206 In the Matter of Maria R. Holmes, a/k/a Maria Holmes-Simms, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Maria R. Holmes, a/k/a Maria Holmes-Simms, has voluntarily submitted an affidavit dated December 19, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Holmes was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 26, 1983, under the name Maria R. Holmes. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Holmes presently resides in Virginia, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Maria R. Holmes, a/k/a Maria Holmes-Simms, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Maria R. Holmes, a/k/a Maria Holmes-Simms, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Maria R. Holmes, a/k/a Maria Holmes-Simms, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Maria R. Holmes, a/k/a Maria Holmes-Simms, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12492
O/sl
ANITA R. FLORIO, J.P.
SANDRA L. TOWNES
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-06390 In the Matter of Independent Master Plumbers of Westchester County, Inc., appellant, v Westchester County Board of Plumbing Examiners, respondent.
(Index No. 4464/02)
| DECISION & ORDER ON MOTION |
Motion by Associated Builders & Contractors, Inc., on an appeal from a judgment of the Supreme Court, Westchester County, entered June 18, 2003, for leave to reargue a motion for leave to file an amicus curiae brief, which was determined by decision and order on motion of this court dated April 16, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12424
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-10716 In the Matter of Beth-Karan Kaye, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Beth-Karan Kaye has voluntarily submitted an affidavit dated November 17, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Kaye was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 25, 1984. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Kaye presently resides in Oregon, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Beth-Karan Kaye, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Beth-Karan Kaye is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Beth-Karan Kaye is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Beth-Karan Kaye, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12435
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-11002 In the Matter of Howard A. Lazar, admitted as Howard Allan Lazar, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Howard A. Lazar has voluntarily submitted an affidavit dated December 9, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Lazar was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 23, 1980, under the name Howard Allan Lazar. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Lazar presently resides in Alaska, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Howard A. Lazar, admitted as Howard Allan Lazar, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Howard A. Lazar, admitted as Howard Allan Lazar, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Howard A. Lazar, admitted as Howard Allan Lazar, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Howard A. Lazar, admitted as Howard Allan Lazar, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12442
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-11282 In the Matter of Douglas Grant Macaulay, admitted as Douglas G. Macaulay, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Douglas Grant Macaulay has voluntarily submitted an affidavit dated December 19, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Macaulay was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 25, 1976, under the name Douglas G. Macaulay. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Macaulay presently resides in Arizona, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Douglas Grant Macaulay, admitted as Douglas G. Macaulay, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Douglas Grant Macaulay, admitted as Douglas G. Macaulay, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Douglas Grant Macaulay, admitted as Douglas G. Macaulay, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Douglas Grant Macaulay, admitted as Douglas G. Macaulay, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12444
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-00050 In the Matter of Charles S. Mayernik, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Charles S. Mayernik has voluntarily submitted an affidavit dated December 29, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Mayernik was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 20, 1956. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Mayernik presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Charles S. Mayernik, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Charles S. Mayernik is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Charles S. Mayernik is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Charles S. Mayernik has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12520
S/sl
|
2004-04963
In the Matter of Jean Micallef, petitioner, v Board of Education of the Ossining Union Free School District, etc., et al., respondents. (Index No. 1750/03)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated December 4, 2003.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until July 15, 2004, and the record or appendix on the proceeding and the petitioner'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
M12523
S/sl
|
2004-00284
In the Matter of Omni Waste Service, Inc., appellant, v Raymond P. Martinez, etc., respondent. (Index No. 16766/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 31, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 12, 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
M12514
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-04522, 2004-04523 In the Matter of Realm National Insurance Company, appellant, v State of New York Workers' Compensation Board, respondent. (Index No. 18436/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order and a judgment of the Supreme Court, Queens County, dated March 11, 2004, and May 21, 2004, respectively, pending hearing and determination of appeals therefrom, and cross motion by the respondent to transfer the appeals to the Appellate Division, Third Department.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12581
E/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-02385
In the Matter of John F. Schenk, a/k/a John Schenk, deceased. Carolyn Mary Schenk, appellant; Susan J. Schenk, et al., respondents. (File No. P-278/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Surrogate's Court, Richmond County, dated December 19, 2003, inter alia, to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12436
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-11320 In the Matter of Raymond A. Schroder, admitted as Raymond Aloysius Schroder, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Raymond A. Schroder has voluntarily submitted an affidavit dated December 22, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Schroder was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 25, 1959, under the name Raymond Aloysius Schroder. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Schroder presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Raymond A. Schroder, admitted as Raymond Aloysius Schroder, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Raymond A. Schroder, admitted as Raymond Aloysius Schroder, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Raymond A. Schroder, admitted as Raymond Aloysius Schroder, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Raymond A. Schroder, admitted as Raymond Aloysius Schroder, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12439
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-11398 In the Matter of Mildred B. Soule, admitted as Mildred B. Miller, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Mildred B. Soule has voluntarily submitted an affidavit dated December 26, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Soule was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 30, 1943, under the name Mildred B. Miller. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Soule presently resides in Maryland, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Mildred B. Soule, admitted as Mildred B. Miller, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Mildred B. Soule, admitted as Mildred B. Miller, is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Mildred B. Soule, admitted as Mildred B. Miller, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Mildred B. Soule, admitted as Mildred B. Miller, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12522
S/sl
|
2003-10326
In the Matter of Gwen Specht, respondent, v Town of Cornwall, New York, appellant. (Index No. 10326/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Orange County, dated October 8, 2003.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged and the respondent's brief that was submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the appellant's time to serve and file a reply brief, if any, is enlarged until June 21, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12425
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-10649 In the Matter of Arthur Tranis, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Arthur Tranis has voluntarily submitted an affidavit dated December 2, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Tranis was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 16, 1977. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Tranis presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Arthur Tranis, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Arthur Tranis is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Arthur Tranis is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Arthur Tranis has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12434
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-10196 In the Matter of Martin Tucker, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Martin Tucker has voluntarily submitted an affidavit dated November 17, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Tucker was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 15, 1950. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Tucker presently resides in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Martin Tucker, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Martin Tucker is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Martin Tucker is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Martin Tucker has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12421
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-03015
In the Matter of Henry J. Uscinski, admitted as Henry John Uscinski, Jr., an attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Henry J. Uscinski, Jr., respondent.
| DECISION & ORDER ON MOTION |
By decision and order on motion of this court dated August 7, 2003, the respondent was immediately suspended from the practice of law, upon his conviction of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90 (4)(f), the Grievance Committee for the Second and Eleventh Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against respondent, and the issues raised were referred to the Honorable Thomas Sullivan, as Special Referee. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 14, 1987, under the name Henry John Uscinski, Jr.
On the court's own motion, it is
ORDERED that the previously authorized disciplinary proceeding is held in abeyance pending the respondent's release from Federal incarceration or the projected release date of April 15, 2006, whichever comes first. The respondent is directed to give notice of his release from incarceration to this court and to the statewide bar counsel immediately upon his release from incarceration.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12427
K/nal
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-10852 In the Matter of Stephen J. Weiss, an attorney and counselor-at law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Stephen J. Weiss has voluntarily submitted an affidavit dated December 3, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Weiss was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 4, 1963. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Weiss presently resides in Washington, D.C., does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Stephen J. Weiss, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Stephen J. Weiss is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Stephen J. Weiss is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,
ORDERED that if Stephen J. Weiss has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., SANTUCCI, ALTMAN, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12559
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
1999-09924 The People, etc., respondent, v Sean Boyd, appellant.
(Ind. No. 7691/98)
| DECISION & ORDER ON MOTION Motion Pro Se to Relieve of Assignment |
Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 7, 1999, and for leave to prosecute the appeal pro se.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12494
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
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2003-01619 The People, etc., respondent, v Gerard Clifford, appellant. (Ind. No. 2835-02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the appellant pro se to relieve assigned counsel and to assign new counsel to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 22, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12107
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GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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1995-02525 The People, etc., respondent, v Anthony Cunningham, appellant. (Ind. No. 10026/94)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered March 2, 1995.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
GOLDSTEIN, J.P., COZIER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12570
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2003-02582
The People, etc., respondent, v Leo Marino, appellant.
(Ind. No. 2469/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Queens County, dated March 13, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before June 25, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court