06-22-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JUNE 22, 2004

TITLE	Case Number
Anonymous v Dobbs Ferry Union Free School Dis	2002-10210 + 1
Batal v Associated Universities, Inc.	2003-08227
Beizer v Schwartzben	2003-08868
Carrillo v PM Realty Group	2003-10497
D'Alleva v D'Alleva	2004-02232
Donohue v Werle	2003-11307
Dugan v Dugan	2004-01600
Mbamali v City of Mount Vernon	2003-10203
Pillai v Pillai	2003-10475
Roslyn Savings Bank v Kline	2004-00237
Sirkis v Cohen	2004-00305
Sturiale v Eveready Battery Company, Inc.	2003-09392
Sturiale v Eveready Battery Company, Inc.	2004-01367
Weber v Rainbow Software Inc.	2004-00055
Mtr of Bell, an attorney	2004-00674
Mtr of C. (Anonymous), Baby Boy; Administrati	2003-05963
Mtr of Cotter v Brown	2004-04529
Mtr of D.-B.(Anonymous), Alexis	2004-04865
Mtr of Dorman v People	2004-04622
Mtr of Fowler v Rivera	2004-05043
Mtr of Francischelli v Andino	2004-01437
Mtr of G. (Anonymous), Jennifer; Administrati	2003-05012
Mtr of H. (Anonymous), Patricia, Kingsboro Ps	2004-05006
Mtr of Hooper; an attorney	2004-00676
Mtr of Huddleston v Huddleston	2003-11006
Mtr of Kaplan; Grievance Committee Second and	2002-06195
Mtr of Keylikhes v Kiejliches	2004-03399
Mtr of Margolies, an attorney	2004-00865
Mtr of Met Life Auto & Home v Vitale	2004-00301
Mtr of Mogel v Mogel	2004-02468
Mtr of N. (Anonymous), Jasmine; Administratio	2003-07013 + 1
Mtr of O'Shea v Parker	2004-01997
Mtr of O. (Anonymous), Anthony; Westchester C	2004-03861
Mtr of P. (Anonymous), Joseph D.	2004-05045
Mtr of Rochester v Rochester	2004-05044
Mtr of Rodriguez v Rodriguez	2003-10283
Mtr of Scharf, an attorney	2004-00864
Mtr of Smith, an attorney	2004-01024
Mtr of T. (Anonymous), Christian; T., Adreen;	2004-02791
Mtr of Toy v Toy	2004-05042
Mtr of Turrill, n/k/a Jessen v Turrill	2004-05033
Mtr of Valentin v Carrero	2004-00632
Mtr of Voutsinas v Voutsinas	2003-09066
Mtr of Voutsinas v Voutsinas	2003-09953
Mtr of Voutsinas v Voutsinas	2004-01655
Mtr of Wertz v Ruggio	2004-05031
Peo v Timmons, Richard	2000-03919

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12897

Y/sl

A. GAIL PRUDENTI, P.J.

SONDRA MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2002-10210, 2003-01563
Anonymous, et al., respondents,
v Dobbs Ferry Union Free School District,
et al., defendants, Steven Nowicki,
appellant.
(Index No. 2675/00)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered September 19, 2002, and January 13, 2003, respectively, in effect, to waive payment of the filing fee, to waive certification of the appendix, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of motion which is to waive payment of the filing fee is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until August 11, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to waive the certification of the appendix is denied with leave to renew upon the perfection of the appeals.

PRUDENTI, P.J., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12896

Y/sl

DANIEL F. LUCIANO, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-08227
William Batal, appellant,
v Associated Universities, Inc.,
et al., respondents.
(Index No. 19282/96)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered August 13, 2003, and cross motion by the respondents to dismiss the appeal for failure to timely perfect.

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 granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 22, 2004, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time will be granted; and it further,

ORDERED that the cross motion is denied.

LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12898

Y/sl

ANITA R. FLORIO, J.P.

SANDRA L. TOWNES

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-08868
Harriet Beizer, appellant,
v N. Dov Schwartzben, et al., respondents.
(Index No. 16821/98)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated September 18, 2003, on the ground that the right of direct appeal therefrom terminated with the entry of judgment in the action.

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 notice of appeal from the order is deemed a premature notice of appeal from the judgment entered December 5, 2003 (see CPLR 5520[c]); and it is further,

ORDERED that on or before July 6, 2004, the appellant shall serve and file supplemental record containing the judgment; and it is further,

ORDERED that the motion is denied.

FLORIO, J.P., TOWNES, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12916

PL/sl

2003-10497

Phyllis Carrillo, respondent,
v PM Realty Group, appellant.
(Index No. 25411/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 24, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 22, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12892

CF/

2004-02232
Ralph D'Alleva, respondent,
v Vanda D'Alleva, appellant.
(Index No. 6469/83)

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 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

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Appellate Division: Second Judicial Department

M12895

Y/sl

DANIEL F. LUCIANO, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-11307
Keith Donohue, et al., plaintiffs-respondents,
v Thomas Werle, defendant-respondent,
Louis W. Werle, et al., appellants.
(Index No. 6265/02)

DECISION & ORDER ON MOTION

Motion by the plaintiffs-respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 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 it is further,

ORDERED that the plaintiffs-respondents' time to serve and file a brief is enlarged until July 27, 2004, and the plaintiffs-respondents' 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.

LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12890

CF/

2004-01600
Thomas Dugan, appellant,
v Kristine Dugan, respondent.
(Index No. 299/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated December 3, 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

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Appellate Division: Second Judicial Department

M12906

CF/

2003-10203
Ikechukwu Mbamali, plaintiff-respondent,
v City of Mount Vernon, defendant-respondent,
Gas N Go Corp., et al., appellants.
(Index No. 3293/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 25, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12917

PL/sl

2003-10475

Bala Hari Pillai, plaintiff, v Kathleen C. Pillai,
respondent; Renee E. Schnell, non-party appellant.
(Index No. 20446/01)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 20, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 7, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12920

E/sl

DANIEL F. LUCIANO, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-00237
Roslyn Savings Bank, respondent,
v Joan Kline, appellant, et al., defendants.
(Index No. 24556/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated December 23, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and application by the respondent to dismiss the appeal on the ground that it has been rendered academic.

Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied with leave to renew upon submission of an appendix containing a proper table of contents (see 22 NYCRR 670.10.2[c][2]); and it is further,

ORDERED that the application is dismissed without prejudice to making a formal motion (see CPLR 8022[b]).

LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12914

E/sl

DANIEL F. LUCIANO, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-00305

Mendel Sirkis, et al., appellants,
v Jacob Cohen, et al., respondents.
(Index No. 43603/00)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated December 10, 2003, to impose a sanction upon the respondents and for an award of costs against the respondents pursuant to 22 NYCRR 670.4(b)(2), cross motion by the respondents Brooklyn Sawdust Construction, Inc., Israel Berkovic, Levi Nerkovic, and Raizy Berkovic to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party, and application by the appellants to withdraw the appeal.

Upon the papers filed in support of the motion, the cross motion, and the application, and the papers filed in opposition thereto, it is

ORDERED that the application to withdraw the appeal is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied as academic.

LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12893

CF/

2003-09392
Carmelo Sturiale, et al., respondents,
v Eveready Battery Company, Inc., appellant.
(Index No. 9504/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 30, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12894

CF/

2004-01367
Carmelo Sturiale, et al., respondents,
v Eveready Battery Company, Inc., appellant.
(Index No. 9504/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 29, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12919

PL/sl

2004-00055

Ahron Weber, et al., respondents,
v Rainbow Software, Inc., appellant.
(Index No. 4195/03)

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 November 18, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 26, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12844

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-00674
In the Matter of Karen Ellen Bell,
an attorney and counselor-at-law.

DECISION & ORDER
VOLUNTARY RESIGNATION

Karen Ellen Bell has voluntarily submitted an affidavit dated January 23, 2004, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Bell 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 1, 1983. 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. Bell 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 Karen Ellen Bell, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Karen Ellen Bell 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, Karen Ellen Bell 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 Karen Ellen Bell 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, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12882

M/nal

2003-05963
In the Matter of Baby Boy C. (Anonymous).
Administration for Children's Services,
respondent; Douglas B. (Anonymous), appellant.
(Docket No. B-16071-01)

SCHEDULING ORDER

Appeal by Douglas B. from an order of the Family Court, Kings County, dated April 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12699

M/nal

2004-04529
In the Matter of Peter Cotter, respondent,
v Dawn Marie Brown, appellant.
(Docket No. P-3153-03)

SCHEDULING ORDER

Appeal by Dawn Marie Brown from an order of the Family Court, Suffolk County, dated April 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12915

C/sl

WILLIAM F. MASTRO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-04865
In the Matter of Alexis D.-B. (Anonymous),
respondent; Barbara H. (Anonymous), nonparty.
(Docket No. S-7455/04)

DECISION & ORDER ON MOTION

Motion by nonparty Barbara H. for leave to appeal to this court from an unsigned transcript of the Family Court, Suffolk County, dated May 24, 2004, and 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 branch of the motion which is for leave to appeal is denied (see Family Ct Act § 1112[a]; Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., SPOLZINO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12665

M/nal

2004-04622
In the Matter of Allison Dorman, respondent,
v David L. People, appellant.
(Docket No. U-10219/01)

SCHEDULING ORDER

Appeal by David L. People from an order of the Family Court, Queens County, dated April 6, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

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Appellate Division: Second Judicial Department

M12697

M/nal

2004-05043
In the Matter of Karen Fowler, appellant,
v Oswaldo Rivera, respondent.
(Docket Nos. V-1058-99, V-3433-99)

SCHEDULING ORDER

Appeal by Karen Fowler from an order of the Family Court, Suffolk County, dated April 30, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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Appellate Division: Second Judicial Department

M12871

M/nal

2004-01437
In the Matter of James Andrew Francischelli,
appellant, v Delores A. Andino, respondent.
(Docket No. V-15106/00)

SCHEDULING ORDER

Appeal by James Andrew Francischelli from an order of the Family Court, Queens County, dated December 12, 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 September 20, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12899

Y/sl

DANIEL F. LUCIANO, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-05012
In the Matter of Jennifer G. (Anonymous),
appellant.
(Docket Nos. S-5583/98, S-5571/99)

DECISION & ORDER ON MOTION

Motion by the respondent Attorney-General of the State of New York to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Queens County, dated May 30, 2003, and motion by Lawyers for Children, Inc., for leave to serve and file an amicus curiae brief on the appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the time of the Attorney-General of the State of New York to serve and file a brief is enlarged until July 13, 2004, and the brief of the Attorney-General of the State of New York must be served and filed on or before that date; and it is further,

ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before July 27, 2004; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.

LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12803

E/sl

THOMAS A. ADAMS, J.P.

SANDRA L. TOWNES

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-05006

In the Matter of Patricia H. (Anonymous),
respondent; Norman Levy, etc., petitioner.
(Index No. 17190/04)

DECISION & ORDER ON MOTION

Motion by Patricia H. for leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 1, 2004, to stay enforcement of the order pending hearing and determination of the appeal, for a preference in the calendaring of the appeal, and for leave to proceed on the original record.

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 is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

ADAMS, J.P., TOWNES, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12845

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-00676
In the Matter of Gerod John Hooper,
an attorney and counselor-at-law.

DECISION & ORDER
VOLUNTARY RESIGNATION

Gerod John Hooper has voluntarily submitted an affidavit dated January 22, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Hooper 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 27, 1982. 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. Hooper 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 Gerod John Hooper, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Gerod John Hooper 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, Gerod John Hooper 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 Gerod John Hooper 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, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12869

M/nal

2003-11006
In the Matter of Susan B. Huddleston, respondent,
v Norman Huddleston, appellant.
(Docket No. F-13645/02)

SCHEDULING ORDER

Appeal by Norman Huddleston from an order of the Family Court, Westchester County, dated November 7, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12850

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

THOMAS A. ADAMS, JJ.

2002-06195

In the Matter of Solomon Kaplan,
admitted as Solomon David Kaplan,
an attorney and counselor-at-law.
Grievance Committee for the Second and
Eleventh Judicial Districts, petitioner;
Solomon Kaplan, respondent.

DECISION & ORDER ON MOTION

The Grievance Committee has apprised the court that, on April 19, 2004, the respondent was found guilty, after a jury trial in the United States District Court for the Southern District of New York, of the following federal felonies: mail fraud, in violation of 18 USC § 1341; making false statements relating to health care matters, in violation of 18 USC § 1035(a); health care fraud, in violation of 18 USC § 1347; witness tampering, in violation of 18 USC § 1512(b); making false statements to the FBI, in violation of 18 USC § 1001(a); and conspiracy, in violation of 18 USC § 371. The Grievance Committee has submitted a certified copy of the transcript of the jury charge and verdict. The respondent is scheduled to be sentenced on August 20, 2004. 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 24, 1953, under the name Solomon David Kaplan.

Upon the papers submitted to this court, it is

ORDERED that on the court's own motion, the respondent is immediately suspended from the practice of law as a result of his being found guilty of a serious crime, and continuing until further order of this court, pursuant to Judiciary Law § 90(4)(f); and it is further,

ORDERED that the respondent shall promptly comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10); and it is further, ORDERED that pursuant to Judiciary Law § 90, during the period of suspension and until further order of this court, the respondent, Solomon Kaplan, admitted as Solomon David Kaplan, is commanded to desist and refrain from (1) practicing law in any form, either as principal or agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if Solomon Kaplan, admitted as Solomon David Kaplan, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency; and it is further,

ORDERED that the respondent is directed to immediately apprise the court upon being sentenced for the aforementioned offenses (see Matter of Delaney, 87 NY2d 508).

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12904

DANIEL F. LUCIANO, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-03399

In the Matter of Aleksander Keylikhes,
respondent, v Elena Kiejliches, a/k/a,
Helena Kiejliches, appellant.
(Docket Nos. V-1005-00, V-1006-00)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Richmond County, dated March10, 2004, and for leave to the appellant to prosecute the appeal as a poor person.

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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Zvi Ostrin, Esq.

154 West 18th Street - 5D

New York, New York 10011

(212) 255-5809

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

LUCIANO, J.P., MASTRO, SPOLZINO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12852

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00865
In the Matter of Jerome J. Margolies,
an attorney and counselor-at-law.

DECISION & ORDER
VOLUNTARY RESIGNATION

Jerome J. Margolies has voluntarily submitted an affidavit dated January 26, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Margolies 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 2, 1947. 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. Margolies presently resides in Nevada, 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 Jerome J. Margolies, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Jerome J. Margolies 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, Jerome J. Margolies 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 Jerome J. Margolies 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12905

CF/

2004-00301
In the Matter of Met Life Auto & Home,
appellant, v Joann Vitale, respondent.
(Index No. 16214/03)

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 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12891

CF/

2004-02468
In the Matter of Amelia Mogel, appellant,
v Gary S. Mogel, respondent.
(Docket No. O-9619-03)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated February 25, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12849

M/nal

2003-07013, 2003-07014

In the Matter of Jasmine N. (Anonymous).
Administration for Children's Services, respondent;
Glenn N. (Anonymous), appellant.
(Docket No. NA-3601-00)

SCHEDULING ORDER

Appeals by Glenn N. from two orders of the Family Court, Queens County, both dated July 23, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until August 18, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12878

M/nal

2004-01997
In the Matter of Kathleen O'Shea, appellant,
v Edward F. Parker, III, respondent.
(Docket No. V-09075/02)

SCHEDULING ORDER

Appeal by Kathleen O'Shea from an order of the Family Court, Queens County, dated February 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12903

DANIEL F. LUCIANO, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-03861
In the Matter of Anthony O. (Anonymous).
Westchester County Department of Social
Services, respondent; Lillian O. (Anonymous),
appellant.
(Docket No. N-103-02)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated March 29, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Izhak Ben-Meir, Esq.

720 Milton Road - Apt. 4B

Rye, New York 10580

(914) 967-3991

and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

LUCIANO, J.P., MASTRO, SPOLZINO, and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12693

M/nal

2004-05045
In the Matter of Joseph D. P. (Anonymous),
appellant.
(Docket Nos. D-2376-04, D-2381-04)

SCHEDULING ORDER

Appeal by Joseph D. P. from an order of the Family Court, Suffolk County, dated April 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12691

M/nal

2004-05044
In the Matter of Camille N. Rochester, respondent,
v Fred B. Rochester, appellant.
(Docket No. O-5226-04)

SCHEDULING ORDER

Appeal by Fred B. Rochester from an order of the Family Court, Suffolk County, dated May 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12907

CF/

2003-10283
In the Matter of Raul Rodriguez, appellant,
v Jennifer Rodriguez, respondent.
(Docket No. V-13231-02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated October 16, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12854

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-00864
In the Matter of Jeffrey A. Scharf,
an attorney and counselor-at-law.

DECISION & ORDER
VOLUNTARY RESIGNATION

Jeffrey A. Scharf has voluntarily submitted an affidavit dated January 26, 2004, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Scharf 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 26, 1990. 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. Scharf 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 Jeffrey A. Scharf, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of Jeffrey A. Scharf 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, Jeffrey A. Scharf 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 Jeffrey A. Scharf 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12856

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH, JJ.

2004-01024
In the Matter of John J. Smith,
an attorney and counselor-at-law.

DECISION & ORDER
VOLUNTARY RESIGNATION

John J. Smith has voluntarily submitted an affidavit dated November 17, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Smith 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 13, 1988. 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. Smith presently resides in Missouri, 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 J. Smith, an attorney in good standing, is accepted and directed to be filed; and it is further,

ORDERED that the name of John J. Smith 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 J. Smith 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 J. Smith 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, FLORIO and SMITH, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M12876

M/nal

2004-02791
In the Matter of Christian T. (Anonymous).
Administration for Children's Services, respondent;
Luther T. (Anonymous), appellant.
In the Matter of Adreen T. (Anonymous).
Administration for Children's Services, respondent;
Luther T. (Anonymous), appellant.
(Docket Nos. N-3806-02, N-3807-02)

SCHEDULING ORDER

Appeal by Luther T. from an order of the Family Court, Queens County, dated December 3, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12690

M/nal

2004-05042
In the Matter of Claire Toy, respondent,
v Anthony Toy, appellant.
(Docket No. F-0200-01 )

SCHEDULING ORDER

Appeal by Anthony Toy from an order of the Family Court, Suffolk County, dated May 21, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12695

M/nal

2004-05033
In the Matter of Laurie Turrill, n/k/a Jessen,
respondent, v Michael B. Turrill, appellant.
(Docket Nos. V-2931-00, A-192-03)

SCHEDULING ORDER

Appeal by Michael B. Turrill from an order of the Family Court, Suffolk County, dated May 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12880

M/nal

2004-00632
In the Matter of Alberto Valentin, appellant,
v Luz Carrero, respondent.
(Docket No. O-24783/03)

SCHEDULING ORDER

Appeal by Alberto Valentin from an order of the Family Court, Kings County, dated December 19, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12908

CF/

2003-09066
In the Matter of Byron Voutsinas, appellant,
v George Voutsinas, respondent.
(Index No. 5272/01)

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 September 9, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12910

CF/

2003-09953
In the Matter of Byron Voutsinas, appellant,
v George Voutsinas, respondent.
(Index No. 5272/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, entered October 10, 2003.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12911

CF/

2004-01655
In the Matter of Byron Voutsinas, appellant,
v George Voutsinas, respondent.
(Index No. 5272/01)

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 26, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12687

M/nal

2004-05031
In the Matter of Dawn M. Wertz, appellant,
v Joseph Ruggio, Jr., et al., respondents.
(Docket No. V-5477-03)

SCHEDULING ORDER

Appeal by Dawn M. Wertz from an order of the Family Court, Orange County, dated March 11, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M12913

E/sl

DANIEL F. LUCIANO, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2000-03919
The People, etc., respondent,
v Richard Timmons, appellant.
(Ind. No. 2220/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered April 4, 2000, and, in effect, to be supplied with certain documents.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

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 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until August 30, 2004; and it is further,

ORDERED that the branch of the motion which is, in effect, to be supplied with the transcript of the minutes of the grand jury proceedings is granted to the extent that this branch of the motion is referred to the panel that is assigned to hear the appeal, to be determined after an in camera review of the minutes in question, the District Attorney shall file the grand jury minutes in question with the Clerk of this court, and those minutes shall remain sealed upon delivery; and it is further,

ORDERED that the branch of the motion which is, in effect, to be supplied with certain other documents is otherwise denied as the documents requested are either unavailable or have been provided to the defendant.

LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court