Appellate Division: Second Judicial Department
M12982
C/nal
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
STEPHEN G. CRANE, JJ.
|
2003-03580
Keith Alesius, et al., appellants, v Good Samaritan Hospital Medical and Dialysis Center, et al., defendants third-party plaintiffs-respondents; H.T. Steel Erectors, Inc., third-party defendant. (Index No. 15837/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered February 20, 2003, which was determined by decision and order of this court dated April 12, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
RITTER, J.P., H. MILLER, S. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13001
J/sl
|
2003-11118 Robert N. Anderson, et al., respondents, v Michael Mastrangelo, appellant. (Index No. 3338/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated August 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' brief must be served and filed on or before August 9, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12989
CF/
|
2004-01749 Libby Kay Blake, plaintiff-respondent, v Cherron Tomlinson, etc., et al., defendants-respondents, America's Wholesale Lender, appellant. (Index No. 6562/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated 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ORDERED that the application is granted and the appeal is marked withdrawn.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
Appellate Division: Second Judicial Department
M12999
PL/sl
|
2003-09835
Harold Bonime, etc., respondent, v Discount Funding Associates, Inc., et al., appellants.
(Index No. 51200/02)
| ORDER ON APPLICATION |
Application by the appellant Main Strike Telecommunications, Inc., 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, Kings County, dated October 16, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 6, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12980
C/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-11152 Danita V. Cade, appellant, v New York Community Bank, etc., et al., respondents.
(Index No. 22260/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents Winston Apartment Corporation and Goldstein & Greenlaw, LLP, on an appeal from an order of the Supreme Court, Queens County, dated November 20, 2003, to vacate a decision and order on motion of this court dated February 2, 2004, which stayed enforcement of the order and stayed a foreclosure sale of the appellant's shares of stock in the subject cooperative apartment, pending hearing and determination of the appeal. Application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until July 26, 2004, and the record or appendix on the 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 shall be granted.
RITTER, J.P., SANTUCCI, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12966
C/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-04598 Karen Elizabeth Chamberlain, plaintiff, v Mark Henry Chamberlain, defendant. (Index No. 21063/99)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff, inter alia, for leave to appeal to this court from a decision and order (one paper) of the Supreme Court, Suffolk County, dated May 18, 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 for leave to appeal from so much of the decision and order as constituted a decision is denied 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.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12984
CF/
|
2004-03526, 2004-03527 Delta Funding Corporation, respondent, v Bukola Dademade, appellant. (Index No. 20195/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from a decision of the Supreme Court, Nassau County, dated December 19, 2003, and an order of the same court dated January 21, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13018
S/sl
|
2004-00666
Christopher DiMare, et al., appellants, v Christine O'Rourke, et al., respondents. (Index No. 27500/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated December 12, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 30, 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
M13011
R/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-01408, 2003-02995 James Eckel, plaintiff-respondent, v James D. Francis II, et al., appellants, et al., defendants. (Index No. 12379/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated March 29, 2004, which determined appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered January 22, 2003, and an order of the same court dated March 3, 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.
ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13037
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
SANDRA L. TOWNES, JJ.
|
2003-02677 Estate of Daniel Fennessey, etc., respondent, v Ronald Klinger, et al., defendants, Brunswick Hospital, appellant. (Index No. 18067/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered February 26, 2003.
Upon the papers filed in support of the motion, and upon the stipulation of the parties dated May 25, 2004, 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 26, 2004, and the record or appendix on the 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 shall be granted.
FLORIO, J.P., KRAUSMAN, SCHMIDT and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12942
E/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-04821
Hattie Grant, et al., respondents, v Parsons Coach, Ltd., et al., appellants.
(Index No. 19943/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from order of the Supreme Court, Queens County, dated September 11, 2003, on the ground that the appeal was not timely taken or in the alternative, 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, the papers filed in opposition to the branch of the motion which is to dismiss the appeal, and on the consent of the appellants to that branch of the motion which is for a stay, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action 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 26, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 26, 2004, the court, on its own motion, may vacate the stay.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12995
O/nal
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-10519
Gerard Grosof, et al., appellants, v Lauretta Goforth, respondent. (Index No. 29067/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants pro se on an appeal from an order of the Supreme Court, Kings County, to waive the requirements of 22 NYCRR 670.102(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until July 26, 2004, and the respondent's brief must be served and filed on or before that date.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13004
R/sl
GABRIEL M. KRAUSMAN, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2002-09771 Richard Haight, et al., plaintiffs, v Estate of Humbert DePamphilis, etc., appellant, ELRAC, Inc., respondent. (Index No. 636/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Dutchess County, dated September 11, 2002, which was determined by decision and order of this court dated March 15, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13014
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-04323
Uta Hausser, respondent, v Kathleen Phelan, appellant. (Index No. 38622/02)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 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 deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12924
E/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-04229
Jane Doe, etc., et al., respondents, v Town of Hempstead Board of Education, et al., appellants, et al., defendants. (Index No. 10200/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant Town of Hempstead Board of Education, Hempstead Public Schools, and Hempstead High School on appeals from an order of the Supreme Court, Nassau County, dated April 23, 2004, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.
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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 26, 2004; and it is further,
ORDERED that in the event the appeals are is not perfected on or before July 26, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13040
J/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2002-09453 Gila Katri, et al., plaintiffs-respondents, v Farag Katri, defendant, Chase Manhattan Bank, n/k/a JP Morgan Chase, appellant. (Index No. 17968/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 20, 2004, in the above-entitled action is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the plaintiff-respondent Gila Katri for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated September 20, 2002, which was determined by decision and order of this court dated November 24, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed on the ground that the movant does not have standing to seek leave to reargue the appeal.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13028
L/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-03827
Kiss Nail Products, Inc., respondent, v CGU Insurance Company, defendant, Cigna Fire Underwriters Insurance Company, et al., appellants. (Index No. 20505/00)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 28, 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 deemed withdrawn, without costs or disbursements.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13015
S/sl
|
2003-06576, 2003-06588
Zalman Klein, appellant, v Aryeh Gutman, et al., respondents. (Index No. 35890/01)
| ORDER ON APPLICATION |
Motion by the respondents Abraham Singer and Central Equities Credit Corp. to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated December 13, 2002, and December 18, 2002, respectively.
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
M12998
PL/sl
|
2003-11189
Sean Lester, et al., appellants, v Francis Braue, et al., respondents. (Index No. 20430/02)
| 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, entered December 18, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 19, 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
M12949
Y/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-03596 Julie Levine, appellant, v Robert Levine, respondent. (Index No. 9938/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered March 26, 2004, to stay enforcement of the order and to stay all proceedings 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 branch of the motion which is to stay so much of the order entered March 26, 2004, as directed the appellant to pay child support to the respondent is granted and so much of the order as directed the appellant to pay child support to the respondent is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 24, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 24, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12986
E/nal
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GABRIEL M. KRAUSMAN
BARRY A. COZIER, JJ.
|
2003-00172, 2003-00373, 2003-00375, 2003-00379, 2003-00834
Manhattanville College, respondent, v James John Romeo Consulting Engineer, P.C., et al., appellants, et al., defendant. (Index No. 1327/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant James John Romeo Consulting Engineer, P.C., on appeals from five orders of the Supreme Court, Westchester County, all dated December 3, 2002, which were determined by decision and order of this court dated March 22, 2004, inter alia, for leave to reargue the appeals, separate motions by the appellants AERCO International, Inc., and Mechanical Marketing, Inc., for clarification of the decision and order of this court dated March 22, 2004, cross motion by the respondent, Manhattanville College, for leave to reargue the appeals, and separate cross motion by the respondent, Manhattanville College, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motions and the cross motions, and the papers filed in opposition thereto, it is
ORDERED that the motions and cross motions are denied.
ALTMAN, J.P., H. MILLER, KRAUSMAN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13019
C/nal
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-07186
Michael Marcus, appellant, v Plaza Auto Mall, Ltd., defendant, Primus Automotive Financial Services, Inc., respondent. (Index No. 36545/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated June 20, 2003, inter alia, to strike the record on appeal and the appellant's brief on the ground that the record on appeal and the appellant's brief contain or refer to material that is the subject of a confidentiality stipulation between the parties, or, in effect, to seal the record on appeal and the parties' briefs. Separate motion by the respondent, inter alia, to direct the appellant to supplement the record on appeal to include certain documents and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is,
ORDERED that the branch of the first motion which is, in effect, to seal the record on appeal and parties' brief is granted, the record on appeal and appellant's brief are deemed to have been filed under seal, the respondent's and any reply briefs shall be filed under seal with this court, and that motion is otherwise denied; and it is further,
ORDERED that the branch of the second motion which is to enlarge the time to serve and file a brief is granted, and the respondent's brief must be served and filed on or before July 26, 2004, and that motion is otherwise denied.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13008
O/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-07475 Peter Masotto, et al., appellants, v Vincent R. Leddy, etc., et al., respondents. (Index No. 7670/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 14, 2003, for failure to file a proper appendix, or to direct the appellants to serve and file a proper appendix and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that 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; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12993
O/nal
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-09557
Barbara Mawhirt, respondent, v Kingsley Mawhirt, appellant. (Index No. 16491/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decision of the Supreme Court, Suffolk County, dated September 29, 2003, pending hearing and determination of an appeal therefrom, and to enlarge the time to perfect the appeal.
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 is dismissed, without costs of disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
LUCIANO, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12976
CF/
|
2004-01713 Allan McDowall, appellant, v Vanderbilt Avenue Associates, LLC, et al., respondents.
(Index No. 330/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 9, 2004.
Upon the stipulation of the parties, dated June 9, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12988
CF/
|
2004-03123 Leonard Moskowitz, respondent, v American Honda Motor Company, Inc., appellant. (Index No. 20308/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 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
M12990
CF/
|
2003-09310 New York Central Mutual Fire Insurance Company, appellant, v Antoinette Roche, respondent. (Index No. 938/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated October 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12991
J/nal
|
2003-09858
Pacific Indemnity Company, plaintiff, v Richard Koskey, et al., respondents, Melinda J. Parsons, appellant, et al., defendants. (Index No. 4232/02)
| ORDER ON APPLICATION |
Application by the respondents Richard Koskey and Jean Lossi 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, Dutchess County, dated September 30, 2003.
ORDERED that the application is granted and the time of the respondents Richard Koskey and Jean Lossi to serve and file a brief is enlarged until August 6, 2004, and the brief of those respondents must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12947
CF/
|
2004-01703 Zdislaw Pawlowski, et al., respondents, v Salim P. Piracha, et al., appellants. (Index No. 53516/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12953
CF/
|
2004-01704 Antonia Peraino, appellant, v Garden City Hotel, respondent. (Index No. 3330/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 14, 2004.
Upon the stipulation of the parties, dated June 8, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12972
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-11395 Jonathan Perez, etc., respondent, v St. John's Episcopal Hospital, et al., defendants, Interfaith Medical Center, etc., et al., appellants. (Index No. 26675/96)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Kings County, entered December 16, 2003, pending hearing and determination of an appeal therefrom, to fix an undertaking as a condition of the stay, and in effect, to vacate a restraining notice dated March 1, 2004, issued to JP Morgan Chase Bank.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to stay enforcement of the judgment and to fix an undertaking are denied as unnecessary as enforcement of the judgment has been stayed pursuant to CPLR 5519(a)(2); and it is further,
ORDERED that the branch of the motion which is, in effect, to vacate the restraining notice dated March 1, 2004, issued to JP Morgan Chase Bank, is granted, and the subject restraining notice is vacated.
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12945
CF/
|
2004-00286 John Rafferty, appellant, v New York City Transit Authority, et al., respondents. (Index No. 3702/00)
| 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 December 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12956
CF/
|
2004-01700 Wilson Salgado, et al., respondents, v Santiago Rodriguez, appellant. (Index No. 11481/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 9, 2004.
Upon the stipulation of the parties, dated June 7, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13043
Y/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-01896, 2003-02144
Gregory V. Serio, etc., respondent, v United States Fire Insurance Company, et al., appellants, et al., defendants. (Index No. 3407/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from two orders of the Supreme Court, Queens County, dated June 18, 2002, and December 16, 2002, respectively, for leave to reargue a prior motion to stay enforcement of a judgment of the same court dated June 18, 2002, which was determined by decision and order on motion of this court dated April 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12944
E/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10869 Victor G. Somma, et al., plaintiffs, v Marlena Castellano, etc., et al., defendants. (Action No. 1) (Index No. 1837/01) Victor G. Somma, et al., plaintiffs, v St. Charles Hospital & Rehabilitation Center, defendant. (Action No. 2) (Index No. 13413/01) State Farm Mutual Automobile Insurance Company, et al., plaintiffs-appellants, v Thomas Gallo, et al., defendants-appellants, Marlena Castellano, et al., respondents, et al., defendants. (Action No. 3)
(Index No. 10869/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-appellants in Action No. 3 to stay the trial in Action No. 1 pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated September 11, 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 the trial in Action No. 1 is stayed pending hearing and determination of the appeals.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12979
CF/
|
2004-02902 Madeline Torres, respondent, v God's Little Campground, defendant, Metro Ministries, et al., appellants. (Index No. 26120/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants Metro Ministries, Metro Ministries International, Metro Church International, Inc., Metro Church, Metro Missions, Inc., and Bill Baldwin to withdraw their respective appeals from an order of the Supreme Court, Kings County, dated February 26, 2004.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals by Metro Ministries, Metro Ministries International, Metro Church International, Inc., Metro Church, Metro Missions, Inc., and Bill Baldwin are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12951
CF/
|
2003-11272 Jeanette Treglia, appellant, v State of New York, respondent. (Claim No. 104753)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Court of Claims, dated October 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12964
PL/nal
|
2003-09547
Scott Unger, respondent, v Theodore Leviton, appellant.
(Index No. 8213/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated October 1, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 22, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13000
PL/nal
|
2003-09242
Sharita Wade, etc., et al., appellants, v New York City Health and Hospitals Corporation, respondent. (Index No. 29408/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated May 30, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12975
C/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-09075 Waste Management of New York, Inc., respondent, v Bedford Stuyvesant Restoration Corporation, et al., appellants. (Index No. 6475/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered February 27, 2003, on the grounds that a notice of appeal dated April 2, 2003, was not timely served or filed, the notice of appeal dated October 14, 2003, was not timely served or filed, and that the appeal was not timely perfected. Cross motion by the appellants to deem the notice of appeal dated October 14, 2003, to be timely filed nunc pro tunc.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted to the extent that the appellants' time to file the notice of appeal dated April 2, 2003, is enlarged until July 8, 2004 (see CPLR 5520[a]), and the cross motion is otherwise denied; and it is further,
ORDERED that on or before July 30, 2004, the appellants shall serve and file a supplemental record containing the notice of appeal dated April 2, 2003; and it is further,
ORDERED that on the court's own motion, the appellants' time to perfect the appeal is enlarged and the appeal, which was perfected on February 23, 2004, is deemed to have been timely perfected; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until August 30, 2004.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12997
O/nal
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-11273
Jomo Williams, appellant, v State of New York, respondent. (Claim No. 100879)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Court of Claims, dated May 1, 2003, for leave to reargue a motion for leave to prosecute the appeal as a poor person, which was determined by decision and order on motion of this court dated April 29, 2004.
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 denied.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13021
PL/sl
|
2004-00070
Xing Ling Mei, etc., respondent, v New York City Transit Authority, appellant et al., respondents. (Index No. 12536/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 31, 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
M12985
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2004-03036, 2004-04404 In the Matter of Luis A. (Anonymous), respondent. Pilgrim Psychiatric Center, appellant. (Index No. 6868/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated April 6, 2004, and May 14, 2004, respectively, to stay enforcement of the order dated May 14, 2004, pending hearing and determination of the appeals, and cross motion by the respondent to dismiss the appeal from the order dated April 6, 2004, on the ground that is has been rendered academic.
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 enforcement of the order dated May 14, 2004, is stayed pending hearing and determination of the appeals on condition that both appeals are perfected on or before July 26, 2004; and it is further,
ORDERED that in the event the appeals are not perfected on or before July 26, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the cross motion is denied.
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13033
J/nal
|
2003-09980
In the Matter of Shahdokht Abrishami, et al., appellants, v Board of Trustees, Incorporated Village of East Hills, respondents. (Index No. 7612/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated September 30, 2003.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12922
E/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-00994
In the Matter of Eagle Insurance Company, et al., petitioners-respondents, v Martin Gutierrez Guzman, et al., respondents-respondents, American Independent Insurance Company, appellant.
(Index No. 12515/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated November 17, 2003, to stay the framed issue hearing in the above-entitled matter pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the framed issue hearing in the above-entitled matter is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 26, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 26, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ALTMAN, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13016
S/sl
|
2003-11454 In the Matter of Field Home-Holy Comforter, respondent-appellant, v Antonia Novello, etc., et al., appellants-respondents. (Index No. 10232/99)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Surpeme Court, Westchester County, dated November 18, 2003.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until July 27, 2004, and the joint record or appendix on the appeal and the appellants-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
M12981
C/nal
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-02335
In the Matter of Metro Enviro Transfer, LLC, respondent, v Village of Croton-On-Hudson, et al., appellants. (Index No. 1788/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 10, 2004, which determined an appeal from a judgment of the Supreme Court, Westchester County, entered February 20, 2003, and, in effect, to stay closure of its solid waste transfer station.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12952
CF/
|
2004-03716 In the Matter of Peconic Baykeeper, Inc., et al., respondents, v Suffolk County, et al., appellants. (Index No. 10744/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a decision of the Supreme Court, Suffolk County, dated April 16, 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
M12987
C/nal
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2000-10910, 2001-08584
In the Matter of Ann Penninipede, appellant, v Nicholas Penninipede, respondent. (Docket Nos. F-1072/99, O-1388/00, V-1116-99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated April 5, 2004, which determined appeals from two orders of the Family Court, Nassau County, dated October 5, 2000, and August 16, 2001, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12992
PL/sl
|
2001-10214
In the Matter of Walter Phillips, appellant, v Glenn Goord, et al., respondents. (Index No. 3796/98)
| 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, Dutchess County, dated October 1, 2001.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 25, 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
M13009
R/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-01543 In the Matter of Debra Phillips, respondent, v Kenneth Laland, appellant. (Docket No. 8843/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated February 23, 2004, which determined an appeal from an order of the Family Court, Queens County, dated January 16, 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 denied.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13002
J/sl
|
2003-11088
In the Matter of Anthony S. Sadowski, deceased. Joseph A. F. Sadowski, appellant; Josephine Buonocore, etc., et al., respondents. (File No. 328030)
| 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 decree of the Surrogate's Court, Nassau County, dated September 22, 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; and it is further,
ORDERED that the respondents' brief must be served and filed on or before August 11, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12403
F/
SANDRA L. TOWNES, J.
|
2004-03669
The People, etc., plaintiff, v Harold Barton, defendant. (Ind. No. 10026/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 30, 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.
SANDRA L. TOWNES
Associate Justice
Appellate Division: Second Judicial Department
M12404
F/
SANDRA L. TOWNES, J.
|
2004-03163
The People, etc., plaintiff, v Luis Garcia, defendant. (Ind. No. 637/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated March 26, 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.
SANDRA L. TOWNES
Associate Justice