Appellate Division: Second Judicial Department
M12563
J/sl
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2003-08836
Daliah Abraham, respondent-appellant, v Jamil Abraham, appellant-respondent. (Index No. 22371/90)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated September 5, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until July 30, 2004, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12629
CF/
|
2004-00968 Ginette Attis, plaintiff-respondent, v William Wolmart, et al., defendants- respondents, Margaret J. Robinson, appellant. (Index No. 4936/03)
| 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 November 13, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M12511
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|
2003-10877
Colleen R. Ayers, respondent, v Tina Wooten, etc., et al., appellants. (Index No. 12839/02)
| 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 October 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 9, 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
M12537
PL/sl
|
2003-08974
Benjamin Shapiro Realty Limited Liability Co., appellant, v 57th Street, LLC, et al., defendants third-party plaintiffs-respondents; Halpern Construction, Inc., third-party defendant-respondent. (Index No. 8807/02)
| 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 an order of the Supreme Court, Westchester County, dated September 12, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 14, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12624
CF/
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2004-01254 Trevor Brown, plaintiff-respondent, v Nassau County, et al., defendants-respondents, Debra Nelson, appellant. (Index No. 19168/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated January 13, 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
M12626
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|
2004-02716 Charles Castro, appellant, v George Cerrone, respondent. (Index No. 21009/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 17, 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
M12534
PL/sl
|
2003-07379
Antoneen Darden-McCall, et al., respondents, v Daniel Barrios, appellant. (Index No. 42817/01)
| 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, Kings County, dated June 10, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 14, 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
M12630
Y/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-09610 Louise DeMarco-Daffner, respondent, v Gerald N. Daffner, appellant. (Index No. 14371/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated September 18, 2003.
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
M12627
CF/
|
2003-10078 Edith Domenech, et al., plaintiffs-respondents, v Delta Airlines, Inc., respondent-appellant, American Industrial Cleaning Co., Inc., appellant-respondent (and a third-party action). (Index No. 27565/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12622
CF/
|
2004-02702 Bruce Dugan, plaintiff-respondent, v John J. Holohan, etc., defendant-respondent, Yellowstone Industries, Inc., appellant (and a third-party action). (Index No. 11780/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12621
CF/
|
2003-07748 Flora K. Florist, Inc., et al., appellants, v Ann Perry, respondent. (Index No. 2392/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12528
C/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03885
Rosafina Floro, appellant, v Thomas Floro, respondent. (Index No. 27553/02)
| DECISION & ORDER ON MOTION |
Appeal by Rosafina Floro from a decision of the Supreme Court, Suffolk County, dated March 10, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12575
S/sl
|
2003-10708
Mark Grosso, et al., respondents, v Michael P. Carroll, etc., et al., appellants. (Index No. 1696/03)
| 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 on an appeal from an order of the Supreme Court, Nassau County, dated July 2, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 16, 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
M12652
Y/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2004-02298 John R. Herzog, appellant, v Theresa M. Herzog, respondent.
(Index No. 203333/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to vacate a stay of enforcement of so much of a judgment of the Supreme Court, Nassau County, dated March 5, 2004, as directed the appellant to execute a deed transferring his interest in the former marital residence to the respondent, pending hearing and determination of the appeal, which was granted by decision and order on motion of this court dated April 9, 2004, on condition that the appellant perfect the appeal on or before May 10, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the stay of enforcement of so much of the judgment as directed the appellant to execute a deed transferring his interest in the former marital residence to the respondent is granted, and the stay is vacated for failure to perfect the appeal on or before May 10, 2004, as directed by the decision and order on motion of this court dated April 9, 2004; and it is further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12643
PL/sl
|
2004-00226
Sinecio Lopez, appellant, v State of New York, respondent. (Claim No. 103834)
| 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 and judgment (one paper) of the Court of Claims dated December 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12650
PL/sl
|
2004-01957
Enny Lu, et al., respondents, v Kashmiri Mittal, et al., appellants. (Index No. 3744/03)
| 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 on an appeal from an order of the Supreme Court, Kings County, dated January 9, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 16, 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
M12631
R/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00328 Lubar, LLC, respondent, v Ray Beckerman, et al., appellants, et al., defendants.
(Index No. 7648/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens 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 denied.
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12545
R/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-01263 John Mangusi, et al., respondents, v Town of Mount Pleasant, etc., appellant. (Index No. 12269/01)
| 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, Westchester County, entered January 21, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that 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 15, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 15, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, 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
M12579
J/sl
|
2003-10930 Bruce Militrano, etc., et al., appellants, v Lederle Laboratories, etc., et al., respondents, St. Mary's Hospital and Catholic Medical Center, defendant. (Index No. 18612/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 3, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 9, 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
M12592
J/sl
|
2003-08428
Margaret D. Miller, et al., respondents, v Susan M. Weisel, etc., et al., appellants, Vassar Brothers Hospital, defendant.
(Index No. 5396/94)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve a reply brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated August 22, 2003.
ORDERED that the application is granted and the reply brief which was served on June 4, 2004, is deemed timely served.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12623
CF/
|
2003-10947 Alfonse Missry, et al., respondents, v New York City School Construction Authority, appellant. (Index No. 16633/99)
| 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 October 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12578
J/sl
|
2003-07180
Raveendran Narayanan, plaintiff-respondent, v City of New York, defendant-respondent, FJC Security Services, Inc., appellant. (Index No. 13216/99)
| ORDER ON APPLICATION |
Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 2, 2003.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until July 9, 2004, and the plaintiff-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
M12295
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-09128 Scott Pere, et al., appellants, v Joseph E. St. Onge, respondent. (Index No. 49790/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated August 19, 2003, inter alia, to dismiss the appeal on the ground that the appellants "have intentionally attempted to mislead this court on the material issues to be decided" on the appeal, or, in the alternative, to strike stated portions of the appellants' brief, and for the imposition of a sanction against the appellant Scott Pere.
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., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12632
R/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-04607 Barbara Popelaski, respondent, v William Popelaski, appellant.
(Index No. 200636/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision and order (one paper) of the Supreme Court, Nassau County, dated May 12, 2004 pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from so much of the decision and order as constitutes a decision after trial in the above-entitled action is dismissed as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12604
S/sl
|
2003-11129
Cynthia Price, et al., appellants, v County of Suffolk, et al., respondents. (Index No. 08206/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 6, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 10, 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
M12639
PL/sl
|
2004-00992
Robert Plan Corporation, et al., appellants, v Perot Systems Corporation, respondent. (Index No. 17012/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 30, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 21, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12507
J/sl
|
2004-00062
Rudgayzer & Gratt, appellant, v Cape Canaveral Tour & Travel, Inc., et al., respondents. (Index No. 11482/03)
| ORDER ON APPLICATION |
Application by the respondents Cape Canaveral Tour & Travel, Inc., Kosmas Group International, Inc., Nicholas Kosmas, Robert P. Kosmas, and Steven P. Kosmas, 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, Kings County, dated December 4, 2003.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until July 26, 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
M12647
Y/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-04834 Alfred Sabetfard, appellant, v Djavaheri Realty Corp., respondent. (Index No. 16242/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the respondent from selling, transferring, or encumbering the subject real property pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated April 19, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12607
S/sl
|
2003-11183
Carlos Santiago, etc., respondent, v Grenadier Reality Corp., et al., appellants. (Index No. 49440/00)
| 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, Kings County, dated November 20, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 12, 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
M12526
C/nal
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-10315
Adam Solomon, appellant, v Joseph Loszynski, et al., respondents. (Index No. 1243/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent Troy Beckwith, Sr., to dismiss an appeal from an order of the Supreme Court, Rockland County, dated September 22, 2003, on the ground that the appeal was untimely taken. Separate motion by the respondents Joseph Loszynski and Deborah Loszynski for the same relief. Cross motion by the appellant, in effect, for leave to withdraw the appeal on the ground that the right of direct appeal from the order terminated with the entry of judgment in the action, and an appeal has been taken from the judgment. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motions, cross motion, and application, and the papers filed in opposition or relation thereto, it is
ORDERED that the motions are denied; and it is further,
ORDERED that the cross motion is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the application is denied as academic.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12551
J/sl
|
2003-11164
Yuda Stein, etc., et al., appellants, v George Stern, et al., respondents. (Index No. 612/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 29, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 26, 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
M12553
J/sl
|
2003-11038, 2004-01523
Surgical Design Corporation, appellant, v Jamir Correa, et al., respondents. (Index No. 3479/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated November 6, 2003, and January 8, 2004, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until September 27, 2004, and the record or appendix on the appeals 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
M12536
PL/sl
|
2003-06392
Village of Mamaroneck, respondent, v Mamaroneck Affordable Condominium Corporation, appellant. (Index No. 11098/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an appeal from an order of the Supreme Court, Westchester County, dated June 12, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 2, 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
M12645
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-00518 Gregory Zubatov, et al., respondents, v Feldman's Discount Furniture, Inc., et al., appellants, et al., defendants. (Index No. 50154/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated November 19, 2003, to stay the trial in the above-entitled action 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.
RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12612
S/sl
|
2004-01593
Harry Zweben, appellant, v Christopher D. Casa, et al., respondents. (Index No. 12117/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated October 9, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 12, 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
M12542
S/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-07910 In the Matter of Ramzan Ali, petitioner, v Queens County Supreme Court, et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of prohibition. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated February 4, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated February 4, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12527
C/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03883
In the Matter of Myles B. (Anonymous). Sonia Barcarcel, nonparty-appellant. (Docket No. 21413/03)
| DECISION & ORDER ON MOTION |
Appeal by Sonia Barcarcel from an order of the Family Court, Queens County, dated February 10, 2004.
Now, on the court's own motion, it is
ORDERED that the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]).
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12582
M/nal
|
2003-09321 In the Matter of Theresa Barton, appellant, v John Barton, respondent. (Docket Nos. V-11566-03,V-11567-03 O-18752-03, O-13574-03)
| SCHEDULING ORDER |
Appeal by Theresa Barton from an order of the Family Court, Kings County, dated October 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 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 time of the respondent and the law guardian to serve and file a their briefs on the appeal is enlarged until July 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M9880
M/nal
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2004-02771, 2004-02773 In the Matter of Jacob C. (Anonymous). Suffolk County Department of Social Services, respondent; Dawn C. (Anonymous), appellant. (Docket No. B-9092-03)
| SCHEDULING ORDER |
Appeals by Dawn C. from two orders of the Family Court, Suffolk County, both dated March 22, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M12595
M/nal
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2003-10183
In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent. (Docket No. F-1244/01)
| SCHEDULING ORDER |
Appeal by Theresa Cancilla from an order of the Family Court, Nassau County, dated October 8, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12541
S/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-08330 In the Matter of Mark F. Coleman, petitioner, v Seymour Rotker, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated February 9, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated February 9, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12602
M/nal
|
2004-03181
In the Matter of Janet Q. Corsetti, respondent, v James Krowiak, appellant. (Docket No. F-11660-03)
| ORDER TO SHOW CAUSE |
Appeal by James Krowiak from an order of the Family Court, Nassau County, dated March 3, 2004. By scheduling order dated May 7, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 7, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12546
R/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-10701 In the Matter of Kevin W. Cox, appellant, v Julie Cox, respondent.
(Docket No. F-00432/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, entered September 2, 2003, for leave to reargue a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order of this court dated April 8, 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
M12605
M/nal
|
2004-02384 In the Matter of D. (Anonymous) Children. Administration for Children's Services, respondent; Robert D. (Anonymous), appellant. (Docket No. N-17487/89)
| SCHEDULING ORDER |
Appeal by Robert D. from an order of the Family Court, Kings County, dated February 23, 2004. By decision and order on motion of this court dated June 8, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Jacqueline Cabrera, Esq.
111 Livingston Street - Suite 1110
Brooklyn, New York 11201
(718) 210-4730
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 8, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M12603
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|
2004-03332 In the Matter of Louis de la Parra, appellant, v Diane S. Cazzetta, respondent. (Docket No. F-00774-97)
| SCHEDULING ORDER |
Appeal by Louis de la Parra from an order of the Family Court, Suffolk County, dated March 4, 2004. By decision and order of this court dated June 8, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the 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 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 and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12525
C/nal
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-09095, 2003-09096
In the Matter of Miosotis Feliz, respondent, v Julio Cesar Rojas, appellant. (Docket Nos. P-2039-03, F-03536-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Family Court, Westchester County, entered March 28, 2003, and September 12, 2003, respectively, in effect, to dismiss the appeals on the ground that they are frivolous, or for poor person relief and the assignment of counsel to defend the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for poor person relief is denied as unnecessary; and it is further,
ORDERED that the branches of the motion which are for the assignment of counsel to defend the appeals or, in effect, to dismiss the appeals are denied.
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12597
M/nal
|
2004-03321 In the Matter of Anthony G. (Anonymous), Jr. Administration for Children's Services, et al., petitioners-respondents; Luz S. (Anonymous), appellant, et al., respondent. (Docket No. B-1880/02)
| SCHEDULING ORDER |
Appeal by Luz S. from an order of the Family Court, Kings County, dated March 26, 2004. By decision and order on motion of this court dated June 7, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Peter H. Daily, Esq.
420 Riverside Drive, Suite 2E
New York, New York 10025
(212) 678-6238
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated June 7, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M12656
Y/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-08962 In the Matter of Patrick O. Ingle, appellant, v Sheung C. Ingle, respondent. (Docket No. O-5820-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, on an appeal from an order of the Family Court, Dutchess County, dated June 12, 2003, for a reconstruction hearing with respect to the proceedings which occurred on June 12, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the matter is referred to the Family Court, Dutchess County, for a reconstruction hearing with respect to the proceedings which occurred before Judge James V. Brands on June 12, 2003; and it is further,
ORDERED that the stenographer of the Family Court is directed promptly to make, certify and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the Family Court shall furnish one of those certified transcripts to the appellant's counsel, without charge (cf. Family Ct Act 1121[7]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12584
M/nal
|
2003-10902, 2003-10903, 2003-10904, 2003-10905 In the Matter of Female L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of Branchesko Schernovick L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Socrates L. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Crystal V. (Anonymous). St. Joseph Services for Children & Families, petitioner; St. Christopher-Ottilie, et al., petitioner- respondents; Ruth L. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-1553-00, B-1554-00, B-1555-00, B-1556-00)
| SCHEDULING ORDER |
Appeals by Ruth L. from four orders of the Family Court, Queens County, all dated July 31, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until July 14, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12432
C/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-09320
In the Matter of Lisa Lewis, appellant, v Francis Redhead, respondent. (Docket No. F-7557/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Kings County, dated September 18, 2003, to include certain documents.
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 upon submission of the copies of the documents sought to be included in the record on appeal.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12531
C/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-02508
In the Matter of Alfred Mancuso, petitioner, v Anne G. Feldman, respondent. (Index Nos. 3414/76, 3415/76)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of prohibition, and motion by the petitioner, a state inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person. Cross motion by the respondent to dismiss the petition for failure to state a claim upon which relief can be granted.
Upon the papers filed in support of the petition and the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for permission to proceed as a poor person is denied; and it is further,
ORDERED that in the event the filing fee has not been paid within 120 days from the date of this order the proceeding is dismissed (see CPLR 1101[d]); and it is further,
ORDERED that the cross motion is held in abeyance in the interim.
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12543
S/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-09797 In the Matter of Benjamin Nunez, petitioner, v Ira B. Harkavy, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated January 23, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated January 23, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12641
M/nal
|
2003-07821, 2003-10992
In the Matter of Isabella Principato, et al., respondents, v Louis Lombardi, appellant. (Index No. 33504/02)
| SCHEDULING ORDER |
Appeals by Louis Lombardi from two orders of the Supreme Court, Kings County, dated July 24, 2003, and November 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 16, 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 time to serve and file a brief on the appeals is enlarged until June 29, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12577
S/sl
|
2003-09634
In the Matter of Juan Roque, appellant, v Kings County District Attorney's Office, respondent. (Index No. 16504/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated May 21, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until July 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12620
CF/
|
2003-08633 In the Matter of Miracle S. (Anonymous). Administration for Children's Services, appellant; Mary W. (Anonymous), et al., respondents. (Docket No. N-11129-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated October 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12619
CF/
|
2003-09236 In the Matter of Miracle S. (Anonymous). Administration for Children's Services, appellant; Bobbie Ray S. (Anonymous), respondent. (Docket No. N-31083-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated October 22, 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
M12599
M/nal
|
2004-03576
In the Matter of Amy Sarmuksnis, appellant, v Kevin Priest, respondent. (Docket No. O-2626-02)
| ORDER TO SHOW CAUSE |
Appeal by Amy Sarmuksnis from an order of the Family Court, Queens County, dated March 31, 2004. By scheduling order dated May 7, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 7, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 7, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12540
S/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
WILLIAM F. MASTRO, JJ.
|
2004-00222 In the Matter of Jomo Williams, petitioner, v Glen S. Goord, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of prohibition. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated February 9, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated February 9, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
ALTMAN, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12539
C/nal
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
1991-08088 The People, etc., respondent, v Richard Bond, appellant. (Ind. No. 1894/89)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to reargue his prior applications for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated May 6, 1996 (People v Bond, 227 AD2d 412, affd 90 NY2d 877), affirming a judgment of the Supreme Court, Queens County, rendered July 17, 1991, which prior applications were denied by decision and order of this court dated October 25, 1999 (People v Bond, 265 AD2d 564), and November 6, 2000 (People v Bond, 277 AD2d 245), and application for poor person relief.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the application is denied as unnecessary; and it is further,
ORDERED that the motion is denied.
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12503
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
SONDRA MILLER
REINALDO E. RIVERA, JJ.
|
2002-07071, 2002-07072 The People, etc., respondent, v Mark J. D'Amico, appellant. (Ind. Nos. 1211/02, 1269/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue appeals from two sentences of the County Court, Suffolk County, both imposed July 17, 2002, which were determined by decision and order of this court dated November 10, 2003.
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, S. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12529
C/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-03569 The People, etc., respondent, v Mark Dell, appellant.
(Ind. No. 3776/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 8, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before July 19, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12653
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-01374 The People, etc., respondent, v Jason A. Dowicyan, appellant. (Ind. No. 02-00044)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered November 12, 2002. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on September 4, 2003, and the following named attorney was assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Del Atwell, Esq.
P.O. Box 2516
Montauk, New York 11954
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 A 6401
Attica Corr. Fac.
Box 149
Attica, New York 14011
Appellate Division: Second Judicial Department
M12406
F/
ROBERT W. SCHMIDT, J.
|
2004-01904
The People, etc., plaintiff, v Robert Freese, defendant. (Ind. No. 122/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 15, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M12530
C/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-03776 The People, etc., plaintiff, v Vincenzo Malito, defendant. (S.C.I. No. 48287)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the County Court, Westchester County, entered March 19, 2003, or to set reasonable bail pending the defendant's return to the trial court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the order is denied, as the order is not appealable as of right or by permission (see CPL 450.10, 450.15); and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12633
O/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-04026, 2003-04028, 2003-04282 The People, etc., appellant, DECISION & ORDER v Jasper Rutledge, respondent. (Ind. No. 1101/01)
| ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, dated February 28, 2003, and April 8, 2003, respectively, and an amended order of the same court dated May 2, 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 respondent's time to serve and file a brief is enlarged until July 14, 2004, and the respondent's brief must be served and filed on or before that date.
SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12408
F/
ROBERT W. SCHMIDT, J.
|
2004-03025
The People, etc., plaintiff, v Joseph Sanders, defendant. (Ind. No. 9249/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 10, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M12589
S/sl
GABRIEL M. KRAUSMAN, J.
|
2003-11256
The People, etc., respondent, v Ashish Shah, appellant. (Ind. No. 1229/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered November 25, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and upon hearing oral argument in support of and in opposition thereto, it is
ORDERED that the motion is denied.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division: Second Judicial Department
M12476
R/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
SANDRA L. TOWNES, JJ.
|
1993-01696 The People, etc., respondent, v Joseph Thorpe, appellant. (Ind. No. 90-00580)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue his application for a writ of error coram nobis to vacate a decision and order of this court dated November 13, 1995 (People v Thorpe, 221 AD2d 491), affirming a judgment of the County Court, Orange County, rendered March 5, 1995. By a decision and order of this court dated March 8, 2004, the application for a writ of error coram nobis was denied.
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.
SMITH, J.P., H. MILLER, GOLDSTEIN and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12585
S/sl
GABRIEL M. KRAUSMAN, J.
|
2003-11253
The People, etc., respondent, v Lenny Varughese, appellant. (Ind. No. 1229/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered November 25, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and upon hearing oral argument in support of and in opposition thereto, it is
ORDERED that the motion is denied.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division: Second Judicial Department
M12588
S/sl
GABRIEL M. KRAUSMAN, J.
|
2003-11254
The People, etc., respondent, v Stanley Varughese, appellant. (Ind. No. 1229/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered November 25, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and upon hearing oral argument in support of and in opposition thereto, it is
ORDERED that the motion is denied.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division: Second Judicial Department
M12407
F/
ROBERT W. SCHMIDT, J.
|
2004-02080
The People, etc., plaintiff, v Robert Ward, defendant. (Ind. No. 3422/93)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 23, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M12544
S/sl
GABRIEL M. KRAUSMAN, J.P.
SANDRA L. TOWNES
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-00048 The People, etc., ex rel. Santos Gonzalez, petitioner, v William E. Phillips, etc., respondent.
| DECISION & ORDER ON MOTION |
Proceeding in the nature of an application for a writ of habeas corpus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated January 26, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated January 26, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
KRAUSMAN, J.P., TOWNES, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12538
S/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-11091 The People, etc., ex rel. Nehemiah D. Rolle, petitioner, v Superintendent Harold McKinney, et al., respondents.
| DECISION & ORDER ON MOTION |
Proceeding in the nature of an application for a writ of habeas corpus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated February 9, 2004, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated February 9, 2004, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
PRUDENTI, P.J., ALTMAN, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court