07-02-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR JULY 2, 2004

TITLE	Case Number
Binyan Shel Chessed, Inc. v Goldberger Insura	2004-04052
Bryant v Broadcast Music, Inc., a/k/a "BMI"	2004-00877
Desert Storm Construction Corp. v SSSS Limite	2003-09016
Kushner v Kushner	2004-05549
Murillo v Podgurski	2003-10897
Ocwen Federal Bank, FSB v Joseph	2003-10618
People of State of New York v Delgado	2004-05112
Perez v St. John's Episcopal Hospital	2003-11395
Perez v St. John's Episcopal Hospital	2003-11395
Riverside Capital Advisers, Inc. v First Secu	2003-09049 + 3
Timlichman v DeJean	2003-08162
Tzanopoulos v Tzanopoulos	2003-08538
Mtr of Aaron; Grievance Committee 10th Judici	1994-04717
Mtr of B. (Anonymous), Christina Dominique; St.	2004-05370
Mtr of B. (Anonymous), Virginia; Presentment	2004-05179
Mtr of Balassone v Balassone	2004-05175
Mtr of Brightman v Brightman	2004-05417
Mtr of Bugdin v Bugdin	2004-05238
Mtr of Cardozo v Holden	2004-05239
Mtr of Chase; Grievance Committee 10th Judici	1990-07504
Mtr of Connolly v Connolly	2004-05037
Mtr of Cox v Cox	2003-10701
Mtr of Deylii v Hayden	2004-03434
Mtr of Easton, Mark; Grievance Committee 10th	2001-00101
Mtr of Goll; Grievance Committee 10th Judicia	2003-10710
Mtr of H. (Anonymous), Ikee; Administration f	2004-05373
Mtr of Herrera v O'Neil	2004-05242
Mtr of Landron, Michel Angel John;an attorney	2004-02803
Mtr of Mitchell v Remy	2004-05356
Mtr of Sass v Sass	2003-00809
Mtr of Stoves & Stone, Ltd. v Martinez	2003-11330
Peo v Mason, Robert	2004-04520
Peo v Rolle, Tyrone	2004-01901
Peo v Svanberg, Matthew	2004-04349

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

Appellate Division: Second Judicial Department

M13360

PL/sl

2004-04052

Binyan Shel Chessed, Inc., respondent,
v Golberger Insurance Brokerage, Inc., et al.,
appellants, et al., defendants.
(Index No. 48326/01)

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 March 31, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 20, 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

M13370

S/sl

2004-00877

Anne Bryant, respondent,
v Broadcast Music, Inc., a/k/a "BMI",
et al., defendants, Griffin Bacal, appellant.
(Action No. 1)
(Index No. 5192/00)
Anne Bryant, respondent,
v Sunbow Productions, Inc., appellant.
(Action No. 2)
(Index No. 2821/02)

ORDER ON APPLICATION

Applications by the appellants in both actions pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Rockland County, dated December 15, 2003.

ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until September 24, 2004, and the joint record or appendix on the appeals and the appellants' briefs 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

M13373

A/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-09016
Desert Storm Construction Corp., respondent,
v SSSS Limited Corp., d/b/a The Parrot, et al.,
appellants.
(Index No. 17148/98)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated September 11, 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 appellants' time to perfect the appeal is enlarged until July 19, 2004, and the record or appendix on the appeal and the appellant'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

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Appellate Division: Second Judicial Department

M13371

S/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2004-05549
Cynthia Kushner, respondent,
v Alvin Kushner, appellant.

(Index No. 022645/97)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to appeal to this court from a transcript decision of the Supreme Court, Nassau County, dated June 25, 2004, and to stay enforcement of the decision 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 on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this court is denied as no appeal lies from a transcript either by right or by permission (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is otherwise denied.

ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13372

O/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-10897
Steven A. Murillo, et al., respondents,
v Michael T. Podgurski, appellant
(and other actions).
(Index Nos. 30895/96, 407/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated October 10, 2003.

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

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

ORDERED that the appellant's time to perfect the appeal is enlarged until September 3, 2004, and the record or appendix on the appeal and the appellant'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

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Appellate Division: Second Judicial Department

M13359

O/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-10618
Ocwen Federal Bank, FSB, respondent,
v Phenide Joseph, et al., appellants.
(Index No. 25995/01)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from an order of the Supreme Court, Queens County, dated October 22, 2003, 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.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13362

E/sl

MYRIAM J. ALTMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2004-05112
People of the State of New York, etc.,
plaintiff-respondent, v Larry Delgado,
defendant-respondent, Glen S. Hockley,
appellant.

(Index No. 20925/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 3, 2004, for a declaration that enforcement of the order is automatically stayed pursuant to CPLR 5519(a)(1), or alternatively, to stay enforcement of the order pending hearing and determination of the appeal therefrom.

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

ORDERED that the motion is denied.

ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13367

S/sl

2003-11395

Jonathan Perez, etc., respondent,
v St. John's Episcopal Hospital South Shore,
et al., appellants.
(Index No. 26675/96)

ORDER ON APPLICATION

ORDERED that the order on application in the above-entitled case dated June 17, 2004, is recalled and vacated and the following order on application is substituted therefor:

Application by the appellants Interfaith Medical Center and Max Jean-Gilles, and separate application by the appellant St. John's Episcopal Hospital South Shore pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, entered December 16, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until August 23, 2004, and the joint record or appendix on the appeals and the appellants' briefs 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

M13369

S/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 South
Shore, etc., et al., appellants.
(Index No. 26675/96)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 24, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellants Interfaith Medical Center and Max Jean Gilles 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

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Appellate Division: Second Judicial Department

M12236

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2003-09049, 2003-09050

Riverside Capital Advisers, Inc., etc., et al.,
respondents, v First Secured Capital Corporation,
et al., appellants, et al., defendant; Thomas Donovan,
et al., non-parties.
(Appeals No. 1 and 2)
2004-01677, 2004-01678
Riverside Capital Advisors, Inc., etc., appellant-respondent,
Winchester Global Trust Company Limited, plaintiff-
respondent, v First Secured Capital Corporation, et al.,
respondents-appellants, Wet Resources Corporation,
defendant-respondent; Thomas Donovan, et al., non-party-
appellants.
(Appeals No. 3 and 4)
(Index No. 20600/99)

DECISION & ORDER ON MOTION

Motion by Thomas B. Donovan Family Trust to consolidate appeals from a decision of the Supreme Court, Nassau County, dated August 11, 2003, and an order and judgment (one paper) of the same court dated September 17, 2003, with appeals from an order and an amended order of the same court, both dated February 3, 2004, and, in effect , 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 thereto, it is

ORDERED that on the court's own motion, the appeal from the decision dated August 11, 2003 (Appellate Division Docket No. 2003-09050) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is for consolidation is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,

ORDERED that the branch of motion which is for an enlargement is granted; the time to perfect the appeals is enlarged until September 1, 2004, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13365

O/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-08162
Fania Timlichman, appellant,
v Pierre DeJean, et al., respondents.
(Index No. 27362/00)

DECISION & ORDER ON MOTION

Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 26, 2003, for failure to timely perfect the same.

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 the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13348

A/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-08538
Spiro Tzanopoulos, appellant, v Georgia
Tzanopoulos, respondent.
(Index No. 1875/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered August 22, 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 appellant's time to perfect the appeal is enlarged until July 19, 2004, and the record or appendix on the appeal and the appellant'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

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Appellate Division: Second Judicial Department

M13311

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

SONDRA MILLER, JJ.

1994-04717

In the Matter of Andrew L. Aaron,
admitted as Andrew Lewis Aaron,
a disbarred attorney.

DECISION & ORDER ON APPLICATION
FOR REINSTATEMENT

Application by the respondent, Andrew L. Aaron, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated December 27, 1994, he was disbarred. By decision and order on application dated October 31, 2002, the respondent's application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness for investigation and report on the respondent's current fitness to be an attorney, including, but not limited to the submission of letters from his post-disbarment employers or the reason for their absence, and proof that he has made whole the complainant in the underlying matter which led to his disbarment and the recipient of a returned escrow check. The respondent was admitted to the Bar on January 14, 1987, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department, under the name Andrew Lewis Aaron.

Upon the report of the Committee on Character and Fitness, it is

ORDERED that the application is continued to be held in abeyance, and the matter is referred back to the Committee on Character and Fitness for the information requested in the court's prior order of reference.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13278

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2004-05370
In the Matter of Christina Dominique B. (Anonymous).
St. Christopher Ottilie, petitioner-respondent; Connie
Renee M. (Anonymous), appellant, et al., respondent.
(Docket No. B-24132-02)

SCHEDULING ORDER

Appeal by Connie Renee M. from an order of the Family Court, Kings County, dated March 25, 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 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

M13230

M/nal

2004-05179
In the Matter of Virginia B. (Anonymous),
appellant.
(Docket No. E-5897-03)

SCHEDULING ORDER

Appeal by Virginia B. from an order of the Family Court, Queens County, dated January 23, 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,

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.

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Appellate Division: Second Judicial Department

M13249

M/nal

2004-05175
In the Matter of Dawn Balassone, appellant,
v Daniel F. Balassone, respondent.
In the Matter of Daniel F. Balassone, respondent,
v Dawn Balassone, appellant.
(Docket No. V-01592-03)

SCHEDULING ORDER

Appeal by Dawn Balassone from an order of the Family Court, Dutchess 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 the appeal in the above-entitled proceedings 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,

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

M13273

M/nal

2004-05417
In the Matter of Sheryllyn Brightman, respondent,
v Richard Brightman, Jr., appellant.
(Docket No. F-2367-00)

SCHEDULING ORDER

Appeal by Richard Brightman, Jr. from an order of the Family Court, Suffolk County, dated May 19, 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

M13251

M/nal

2004-05238
In the Matter of Denise Bugdin, appellant,
v James A. Bugdin, respondent.
(Docket No. F-00979-03)

SCHEDULING ORDER

Appeal by Denise Bugdin from an order of the Family Court, Suffolk County, dated May 27, 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.

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Appellate Division: Second Judicial Department

M13268

M/nal

2004-05239
In the Matter of Clive Cardozo, respondent,
v Luisa Holden, appellant.
(Docket No. F-11139-03)

SCHEDULING ORDER

Appeal by Luisa Holden from an order of the Family Court, Suffolk County, dated March 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 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

M13309

K/nal

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO

GABRIEL M. KRAUSMAN, JJ.

1990-07504

In the Matter of Sydney J. Chase,
a disbarred attorney.

DECISION & ORDER ON APPLICATION
FOR REINSTATEMENT

Application by the respondent, Sydney J. Chase, for reinstatement as an attorney and counselor-at-law. 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 16, 1965. By opinion and order of this court dated September 8, 1986, he was disbarred. By decision and order of this court dated May 10, 1991, his first application for reinstatement was denied as premature. By decisions and orders of this court dated October 27, 1993, January 12, 1995, December 20, 1996, May 16, 2001, and April 23, 2002, respectively, his subsequent applications for reinstatement were denied. By further decision and order of this court dated November 7, 2002, his motion for renewal of his prior application for reinstatement was denied. By decision and order of this court dated June 25, 2003, the respondent's eighth application for reinstatement was denied.

Upon the papers filed in support of the present application and the papers filed in response thereto, it is

ORDERED that the application is denied.

We find that the respondent does not demonstrate the requisite character and fitness to practice law.

RITTER, J.P., SANTUCCI, ALTMAN, FLORIO and KRAUSMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M13126

M/nal

2004-05037
In the Matter of Loretta Connolly, respondent,
v Timothy P. Connolly, appellant.
(Docket No. F-17686-02)

SCHEDULING ORDER

Appeal by Timothy P. Connolly from an order of the Family Court, Suffolk County, dated April 16, 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.

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

Appellate Division: Second Judicial Department

M13201

M/nal

2003-10701
In the Matter of Kevin W. Cox, appellant,
v Julie Cox, respondent.
(Docket No. F-00432-96/03)

SCHEDULING ORDER

Appeal by Kevin W. Cox from an order of the Family Court, Suffolk County, dated August 22, 2003. By decision and order of this court dated June 15, 2004, the appellant's motion to reargue a prior motion for leave to prosecute the above-entitled appeal as a poor person was denied. 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 proceeding to be transcribed for the appeal; or

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

M13229

M/nal

2004-03434
In the Matter of Adarella Deylii, respondent,
v Kenneth Hayden, Sr., appellant.
(Docket No. F-7489-02)

SCHEDULING ORDER

Appeal by Kenneth Hayden, Sr. from an order of the Family Court, Orange County, dated May 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 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.

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

Appellate Division: Second Judicial Department

M13350

K/nal

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO

ROBERT W. SCHMIDT, JJ.

2001-00101

In the Matter of Mark Easton,
a suspended attorney.
Grievance Committee for the Tenth
Judicial District, petitioner;
Mark Easton, respondent.

DECISION & ORDER ON MOTION
FOR REINSTATEMENT

Motion by the respondent for reinstatement to the practice of law after a temporary suspension due to medical disability. By decision and order on motion of this court dated March 14, 2001, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent; the respondent was temporarily suspended from the practice of law pursuant to 22 NYCRR 691.13(c) due to medical disability; the Grievance Committee was directed to arrange for the respondent's expeditious examination by a qualified medical expert, and the disciplinary proceeding was held in abeyance pending receipt of the medical expert's report. By subsequent decision and order on motion of this court dated December 17, 2001, the suspension was continued upon the court's receipt of the medical expert's report; the respondent was directed to submit to another medical examination within 90 days, and the previously authorized disciplinary proceeding continued to be held in abeyance. By further decision and order on motion of this court dated October 18, 2002, the respondent's suspension pursuant to 22 NYCRR 691.13(c) was continued upon the court's receipt of the medical expert's second report, and the disciplinary proceeding continued to be held in abeyance. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 21, 1973.

Upon the papers submitted in support of the motion and the papers submitted in response thereto, it is

ORDERED that the motion is held in abeyance, the respondent is directed to submit to another medical examination to be arranged by the Chief Counsel to the Grievance Committee for the Tenth Judicial District to determine whether he is still incapacitated from practicing law due to medical disability, and the previously authorized disciplinary proceeding continues to be held in abeyance.

PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SCHMIDT, 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

M12819

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

WILLIAM F. MASTRO, JJ.

2003-10710

In the Matter of Gerald M. Goll,
a suspended attorney.
Grievance Committee for the Tenth
Judicial District, petitioner;
Gerald M. Goll, respondent.

DECISION & ORDER ON MOTION

By decision and order of this court dated March 4, 2004, the respondent was immediately suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i) upon a finding that he is guilty of professional misconduct immediately threatening the public interest based on his failure to cooperate with the Grievance Committee's investigation; the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent; the respondent was directed to appear at the Grievance Committee's offices within 10 days to testify with respect to a pending complaint; and the issues raised were referred to the Honorable Edwin J. Loewy, as Special Referee to hear and report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 4, 1983.

Now, on the court's own motion, it is

ORDERED that this matter is transferred from the Grievance Committee for the Tenth Judicial District to the Grievance Committee for the Ninth Judicial District; and it is further,

ORDERED that Gary L. Casella, Chief Counsel to the Grievance Committee for the Ninth Judicial District, 399 Knollwood Road, Suite 200, White Plains, N.Y. 10603, is hereby appointed as attorney for the petitioner in that proceeding; and it is further,

ORDERED that the Grievance Committee for the Ninth Judicial District is directed to review the petition previously served by the Grievance Committee for the Tenth Judicial District on the respondent and the Special Referee, and to file and serve any amended or supplemental petition within 45 days from its receipt of a copy of this decision and order on motion; and it is further,

ORDERED that the respondent shall serve an answer to the petition upon the Grievance Committee and the Special Referee and shall file a copy of same in the office of the Clerk of this court within 10 days after service upon him of the amended or supplemental petition; and it is further,

ORDERED that the Honorable Edwin J. Loewy is relieved as Special Referee; and it is further,

ORDERED that this matter is referred to the Honorable William D. Friedmann, a retired Associate Justice of the Appellate Division, Second Judicial Department, 4 Martine Avenue, White Plains, N.Y. 10606, as Special Referee to hear and report, together with his findings on the issues.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and MASTRO, 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

M13305

M/nal

2004-05373
In the Matter of Ikee H. (Anonymous).
Administration for Children's Services, petitioner-
respondent; Legare H. (Anonymous), Sr.,
respondent-respondent; Monica Drinane, etc.,
appellant.
(Docket No. N-24695-02)

SCHEDULING ORDER

Appeal by the law guardian from an order of the Family Court, Kings County, dated June 7, 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

M13233

M/nal

2004-05242
In the Matter of Johvanny Herrera, respondent,
v Kelly O'Neil, appellant.
(Docket No. V-2948-00)

SCHEDULING ORDER

Appeal by Kelly O'Neil from an order of the Family Court, Suffolk County, dated May 27, 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

M13349

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

MYRIAM J. ALTMAN

ANITA R. FLORIO, JJ.

2004-02803

In the Matter of Michel Angel John Landron,
an attorney and counselor-at-law.

DECISION & ORDER ON APPLICATION

Application by Michel Angel John Landron, for permission to change the name under which he practices law to Michel John Landron.

Upon on the papers submitted in support of the application and no papers having been submitted in opposition or in response thereto, it is

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

ORDERED that, effective immediately, the movant's name is changed to Michel John Landron in the roll of attorneys and counselors-at-law.

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

M13237

M/nal

2004-05356
In the Matter of Francine Mitchell, respondent
v Lesly Remy, appellant.
(Docket No. F-00825-92)

SCHEDULING ORDER

Appeal by Lesly Remy from an order of the Family Court, Queens County, dated May 7, 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

M13197

M/nal

2003-00809

In the Matter of Michael Sass, respondent,
v Barbara Sass, appellant.
(Docket No. F-3249-91)

ORDER TO SHOW CAUSE

Appeal by Barbara Sass from an order of the Family Court, Suffolk County, dated December 16, 2002. By decision and order dated April 29, 2004, the appellant was granted until June 17, 2004, 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 a brief on the appeal. The appellant has failed to comply with the order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated April 29, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before July 15, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M13361

O/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-11330
In the Matter of Stoves & Stone, Ltd.,
appellant, v Raymond P. Martinez, etc.,
respondent.
(Index No. 24085/02)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar", dated May 24, 2004, as dismissed an appeal from an order of the Supreme Court, Queens County, dated October 9, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.

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

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

ORDERED that so much of the decision and order on motion of this court dated May 24, 2004, as dismissed the instant appeal, is recalled and vacated; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until August 2, 2004, and the record on appeal and the appellant'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

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

Appellate Division: Second Judicial Department

M13003

FRED T. SANTUCCI, J.

2004-04520

The People, etc., plaintiff,
v Robert Mason, defendant.
(Ind. No. 38/86)

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, Richmond County, dated May 10, 2004, which has been referred to me for determination.

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

ORDERED that the application is denied.

FRED T. SANTUCCI

Associate Justice

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

Appellate Division: Second Judicial Department

M12842

DANIEL F. LUCIANO, J.P.

2004-01901

The People, etc., plaintiff,
v Tyrone Rolle, defendant.
(Ind. No. 4072/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated January 5, 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.

DANIEL F. LUCIANO

Associate Justice

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

Appellate Division: Second Judicial Department

M13006

STEVEN W. FISHER, J.

2004-04349

The People, etc., plaintiff,
v Matthew Svanberg, defendant.
(Ind. No. 2164/98)

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, Suffolk County, dated April 29, 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.

STEVEN W. FISHER

Associate Justice