Appellate Division: Second Judicial Department
M13119
CF/
|
2004-01961 American Medical Utilization Management Corp., et al., appellants, v 1725 St. Marks Ownership Corp., respondent. (Index No. 20229/03)
| 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 5, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M13133
CF/
|
2003-09069 Scott G. Brown, et al., respondents, v Barry L. Pegalis, et al., appellants. (Index No. 12105/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 12, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M13112
CF/
|
2003-06528 Michael Esposito, appellant, v SPA Nightclub, et al., respondents. (Index No. 9039/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 24, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M13113
CF/
|
2003-06770 Michael Esposito, appellant, v SPA Nightclub, et al., respondents. (Index No. 9039/02)
| 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 June 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13114
CF/
|
2003-10110 Michael Esposito, appellant, v SPA Nightclub, et al., respondents. (Index No. 9039/02)
| 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 August 21, 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
M13115
CF/
|
2004-03307 Michael Esposito, appellant, v SPA Nightclub, et al., respondents. (Index No. 9039/02)
| 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 November 5, 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
M13122
CF/
|
2004-00508 Evridicky Galiatsatos, appellant, v Manuel Diaz, respondent. (Index No. 24769/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated December 17, 2003.
Upon the stipulation of the parties, dated June 15, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13141
CF/
|
2004-03984 Eli Harris, respondent, v Lisa Baron Harris, appellant. (Index No. 201333/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated March 31, 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
M13195
E/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-03627, 2003-05600, 2003-08184, 2003-10801
Karen Hathaway, respondent, v Brion J. Hathaway, appellant. (Index No. 11374/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from four orders of the Supreme Court, Queens County, dated February 27, 2003, May 20, 2003, July 14, 2003, and November 10, 2003, respectively, to waive the requirements of 22 NYCRR 670.102(f) regarding certification of the record on appeal, and application by the respondent to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition to the application, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until August 12, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13116
CF/
|
2004-02830 Greta Hunter, appellant, v Hi Wigs, et al., respondents. (Index No. 23481/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13117
CF/
|
2004-02833 Greta Hunter, appellant, v Hi Wigs, et al., respondents. (Index No. 23481/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13220
Y/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-04796 Moses Jacobowitz, et al., plaintiffs, v Mendal Jacobowitz, a/k/a Meyer Jacobowitz, defendant. (Index No. 16605/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 25, 2004, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been 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.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13132
CF/
|
2004-03521 Richard Lang, respondent, v Long Beach Housing Authority, appellant. (Index No. 8785/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 8, 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
M13135
CF/
|
2004-02398 Lyon Financial Services, Inc., respondent, v Kathryn Catala, appellant. (Index No. 7756/99)
| 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 10, 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
M13204
S/sl
|
2004-00565
Raymond Montemurro, appellant, v Anthony Cibellis, et al., respondents. (Index No. 6176/99)
| 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, Nassau County, dated October 20, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 5, 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
M13194
S/sl
|
2003-08455
Noble Drew Ali Plaza Tenants Association, respondent, v Noble Drew Ali Plaza Housing Corp., et al., defendants, New Lots Family Transitional Center LLC, et al., defendants- appellants; City of New York, et al., intervenors-appellants. (Index No. 53655/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 3, 2003.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on June 29, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13222
S/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-01319 Norwest Mortgage, Inc., respondent, v Jose Flores, appellant, et al., defendants.
(Index No. 28105/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay his eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 8, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13218
Y/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-02495 Nuby Interactive, LLC, plaintiff-respondent, v Bryan Manufacturing Company, Inc., appellant, Eaton Contract Manufacturing, defendant- respondent, et al., defendants. (Index No. 18564/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13118
CF/
|
2003-11440 P.T.R. Co., appellant-respondent, v Hanna Teitelbaum, et al., respondents- appellants. (Index No. 8835/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Westchester County, dated November 18, 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 by the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13162
S/sl
|
2003-09014
Calvin Perkins, et al., respondents, v City of New York, appellant.
(Index No. 6346/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated August 13, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 9, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13214
S/sl
|
2004-00363
Arkalgud Ramachandra, et al., plaintiffs, Arkalgud Lakshmidevi, appellant, v Gelco Corporation, et al., respondents. (Index No. 50/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 1, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 9, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13123
CF/
|
2004-01707 Gladys Delos Santos, respondent, v New York City Transit Authority, et al., appellants. (Index No. 13393/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated November 14, 2003.
Upon the stipulation of the parties, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13139
CF/
|
2004-00692 Yamilett Serrano, et al., appellants, v County of Westchester, et al., respondents. (Index No. 11157/00)
| 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 December 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
Appellate Division: Second Judicial Department
M13120
CF/
|
2004-02355 Andrew D. Strupp, appellant, v Continental Cabinets, LLC, respondent. (Index No. 5127/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an amended order of the Supreme Court, Dutchess County, dated February 19, 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
M13144
CF/
|
2004-00323 Albert Ujueta, etc., respondent, v Foodmart International II Corporation, appellant. (Index No. 13181/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 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
Appellate Division: Second Judicial Department
M13147
CF/
|
2003-07473 Nancy Uzo, respondent, v Uzo, appellant. (Index No. 12381/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13121
CF/
|
2004-00146 Z.H. New York Investors Co., Ltd., appellant, v Irvbock Holding Corp., et al., respondents. (Index No. 17838/85)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13124
CF/
|
2004-02192 In the Matter of Sharon Burkybile, appellant, v Hastings-on-Hudson Union Free School District, respondent. (Index No. 11980/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered February 6, 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
M13128
CF/
|
2004-03398 In the Matter of Sharon Burkybile, appellant, v Hastings-on-Hudson Union Free School District, respondent. (Index No. 11980/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 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
M13150
CF/
|
2003-09598 In the Matter of Great Neck Water Pollution Control District, petitioner-appellant, v State of New York Public Employment Relations Board, respondent-respondent; Civil Service Employees Association, Inc., intervenor-appellant. (Index No. 5126/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Great Neck Water Pollution Control District to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Great Neck Water Pollution Control District is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13129
CF/
|
2003-10284, 2003-10285, 2003-10286 In the Matter of Ketevan Grigolava, respondent, v Gia Melikishvili, appellant. (Docket No. F-8616-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Suffolk County, dated September 25, 2002, and an order of the same court dated October 8, 2003, respectively.
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
M13131
CF/
|
2004-01737, 2004-01738 In the Matter of Ketevan Grigolava, respondent, v Gia Melikishvili, appellant. (Docket No. 8616-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Suffolk County, dated January 30, 2004 and December 1, 2003, respectively.
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
M13159
A/sl
GLORIA GOLDSTEIN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-02091 In the Matter of Diana Tiffany M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jorge M. (Anonymous), appellant, et al., respondents. In the Matter of Julius Samuel M. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jorge M. (Anonymous), appellant, et al., respondents. (Docket Nos. B-3965/03, B-3966/03, N-896/99, N-923/99, N-1631/01, N 1632/01)
| DECISION & ORDER ON MOTION |
Appeal by Jorge M. from an order of the Family Court, Suffolk County, dated December 3, 2003. By order to show cause dated May 7, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 22, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 22, 2004 (see 22 NYCRR 670.4[a][5]).
GOLDSTEIN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13211
S/sl
|
2003-10636
In the Matter of Esmond Bradley Martin, deceased. Florence S. Furst, petitioner respondent-appellant; Bessemer Trust Company, N.A., petitioner appellant- respondent; Serina M. Sanchez, et al., respondents appellants-respondents.
(File No. 323871)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decree of the Surrogate's Court, Nassau County, dated November 5, 2003, and to enlarge the respondents-appellants time to perfect their cross appeal.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until July 7, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before September 10, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13199
S/sl
MYRIAM J. ALTMAN, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-02595, 2004-02618 In the Matter of John N. (Anonymous), Jr. Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. (Proceeding No. 1) In the Matter of Rahjeen N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. (Proceeding No. 2) In the Matter of Angel N. (Anonymous). Administration for Children's Services, respondent; John N. (Anonymous), Sr., et al., appellants. (Proceeding No. 3) (Docket Nos. N-25040-02, N-25041-01, N-25042-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 23, 2004, in the above-entitled proceedings is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the counsel assigned to represent the appellant Monique D. in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from two orders of the Family Court, Kings County, both dated March 5, 2004, and for leave to the appellant to prosecute the appeals as a poor person.
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 counsel assigned by the Family Court to represent Monique D. is relieved from representing the appellant on the appeals; 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 appeals 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 appeals, 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 for Monique D. to prosecute the appeals:
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 appeals 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 appeals are taken.
ALTMAN, J.P., CRANE, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13163
S/sl
|
2003-09969
In the Matter of Onebeacon Insurance, respondent, v Mary Slaughter, et al., appellants. (Index No. 1261/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13182
M/nal
|
2003-09091
In the Matter of Avrohom Steinharter, appellant, v Meira Steinharter, respondent. (Docket No. V-14115-03)
| SCHEDULING ORDER |
Appeal by Avrohom Steinharter from an order of the Family Court, Kings County, dated September 18, 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 time to serve and file a reply brief on the appeal is enlarged until July 9, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13160
A/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-09599
In the Matter of Suffolk County Department of Social Services, etc., respondent, v Barbara Sass, appellant; Michael Sass, nonparty-appellant. (Docket No. F-3249/91)
| DECISION & ORDER ON MOTION |
Separate appeals by Barbara Sass and Michael Sass from an order of the Family Court, Suffolk County, dated September 24, 2003. By order to show cause dated April 30, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with separate scheduling orders, each dated March 4, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in opposition or relation to the order to show cause, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling orders dated March 4, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12838
F/
HOWARD MILLER, J.
|
2004-04247
The People, etc., plaintiff, v Kevin Jenkins, defendant. (Ind. No. 9727/97)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 31, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M13158
A/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
BARRY A. COZIER
PETER B. SKELOS, JJ.
|
2004-01967 The People, etc., respondent, v Awad Ragunauth, appellant. (Ind. No. 1968/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered February 10, 2004, for a copy of the typewritten transcripts of the stenographic minutes, without charge, and separate motion by the appellant to enlarge the time to perfect the appeal.
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 for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the branch of the motion which is for a copy of the typewritten transcripts of the stenographic minutes without charge is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); retained counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for retained counsel; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that the motion to enlarge the time to perfect the appeal is granted, 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]) is enlarged, and the appeal shall be perfected expeditiously in accordance with the rules (see 22 NYCRR 670.8) and the written directions of the court; and it is further,
ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
125-10 Queens Boulevard, Suite 5
Kew Gardens, New York 11415
Appellate Division: Second Judicial Department
M13156
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2003-01646 The People, etc., respondent, v Andre Rogers, appellant. (Ind. No. 3461/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, for leave to amend his supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered February 6, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13183
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-00527 The People, etc., respondent, v David Scott, appellant. (Ind. No. 545-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court, dated December 16, 2003, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the County Court, Suffolk County, rendered December 19, 2002, is recalled and vacated; and it is further,
ORDERED that the appellant's motion for leave to file a supplemental pro se brief is denied.
The appellant has failed to file a supplemental pro se brief although afforded sufficient opportunity to do so.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court