Appellate Division: Second Judicial Department
M27232
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2004-09359 Maria Elena Barajas, etc., et al., respondents- appellants, v Town of Mamaroneck, appellant- respondent, Lawrence Spindell, et al., respondents. (Index No. 12125-01)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered October 4, 2004.
ORDERED that the application is granted and the respondents-appellants' time to serve and file a brief is enlarged until October 4, 2005, and the respondents-appellants' brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27239
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2005-05730 Board of Education of Mamaroneck Union Free School District, appellant, v Attorney General of State of New York, respondent. (Matter No. 1) (Index No. 9681/04) In the Matter of Richard Cantor, respondent, v Mamaroneck Union Free School District, et al., appellants. (Matter No. 2) (Index No. 10481/04)
| ORDER ON APPLICATION |
Application by the respondent Attorney General of State of New York pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Westchester County, dated April 25, 2005.
ORDERED that the application is granted and the time of the respondent Attorney General of State of New York to serve and file a brief is enlarged until August 17, 2005, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27237
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2005-02529 Sinclair Haberman, respondent, v City of Long Beach, et al., appellants. (Index No. 2715/00)
| 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, Nassau County, dated January 20, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 28, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27245
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2005-00111
Mohamed Hannan, respondent, v S&G, LLC, defendant, Old McDonald Farm, appellant. (Index No. 50753/02)
| 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 December 1, 2004.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on July 6, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27244
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2004-07266
Jian Yu Zhang, appellant, v Qiang Wang, et al., respondents. (Index No. 3773/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated July 2, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27222
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2005-00611 Thomas F. Kelly, plaintiff-appellant, v City of New York, defendant-respondent, Cruz Construction Corp., defendant second third-party plaintiff-respondent; URS Consultants, Inc., second third-party defendant-appellant. (Index No. 2319/00)
| ORDER ON APPLICATION |
Joint application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated December 2, 2004.
ORDERED that the application is granted, and the appellants' time to perfect their respective appeals is enlarged until September 6, 2005, and the joint record or joint appendix on appeals (see 22 NYCRR 670.8[c][1]) and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27221
R/sl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-02162 Zygmunt Kropiewnicki, etc., appellant-respondent, v City of New York, et al., respondents-appellants.
(Index No. 15565/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated January 12, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27207
C/sl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-05774 Rosanne Manger, plaintiff-respondent, v 1770 Motor Parkway, LLC, defendant-respondent, Otis Elevator Company, appellant. (Index No. 14519/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered May 25, 2005, pending hearing and determination of an appeal therefrom.
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 enforcement of the order entered May 25, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 5, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 5, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27240
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2004-09348
Marcus Dairy, Inc., respondent, v Jacene Realty Corp., et al., defendants, Columbia Equities, Ltd., appellant. (Index No. 5537/96)
| 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 a judgment of the Supreme Court, Westchester County, dated September 20, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27235
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2004-08512
Mark Reeve, appellant, v Long Island Railroad, etc., et al., respondents. (Index No. 20334/01)
| 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 July 19, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 26, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27227
O/sl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2005-05541 Sigalit Sharabi, respondent, v Lorraine Morales, appellant, et al., defendants. (Index No. 10214/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the respondent, her heirs, successors, assigns, agents, and attorneys from prosecuting a summary proceeding entitled Sharabi v Morales, pending in the Civil Court, Kings County, under Index No. L&T 74943/05, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 19, 2005.
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 respondent, her heirs, successors, assigns, agents, and attorneys are enjoined from prosecuting the summary proceeding entitled Sharabi v Morales, pending in the Civil Court, Kings County, under Index No. L&T 74943/05, pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 8, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 8, 2005, the court, on its own motion, may vacate the injunction, or the respondent may move to vacate the injunction, on three days notice.
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27234
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2004-08238 Maria Tapia, respondent, v Dattco, Inc., appellant. (Index No. 38245/01)
| 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 a judgment of the Supreme Court, Kings County, entered August 16, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 31, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27242
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2005-00618 10 Holder Apartments Corporation, plaintiff/ counterclaim defendant-respondent, v Boris Loshak, et al., defendants/counterclaim plaintiffs- appellants; Richard Cleary, et al., counterclaim defendants-respondents. (Index No. 3120/03)
| 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, Queens County, dated December 13, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 12, 2005, 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
M27209
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SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2004-05837, 2004-09581 Glenn Udell, appellant, v Equitable Life Assurance Society of United States, et al., respondents. (Index No. 3585/03)
| DECISION & ORDER ON MOTION |
Motion by counsel for the respondents Equitable Life Assurance Society of the United States and Disability Management Services, Inc., on appeals from two orders of the Supreme Court, Nassau County, dated June 10, 2004, and September 9, 2004, respectively, to admit, pro hac vice, Mark K. Ostrowski, an attorney in good standing in the state of Connecticut, to represent those respondents on the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and Mark K. Ostrowski is admitted pro hac vice, to represent the respondents Equitable Life Assurance Society of the United States and Disability Management Services, Inc., on the above-entitled appeal.
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27238
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2005-00795
Arif Yurteri, appellant, v Temel Artukmac, et al., respondents. (Index No. 14999/98)
| 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, Suffolk County, dated July 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 8, 2005, 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
M27204
M/nal
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM A. MASTRO
PETER B. SKELOS, JJ.
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2004-02662 In the Matter of Takylia B. (Anonymous). Administration for Children's Services, et al., petitioners-respondents; Kimberly B. (Anonymous), respondent-respondent; Steven Banks, etc., appellant; Doreather B. (Anonymous), intervenor-appellant. (Docket No. B-09162/02)
| SCHEDULING ORDER |
Appeal by Doreather B. from an order of the Family Court, Kings County, dated March 8, 2004. The brief of the intervenor-appellant was filed in the office of the Clerk of this court on February 22, 2005, and the brief of the appellant law guardian was served and filed on May 13, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until July 27, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27224
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2004-09208 In the Matter of Pina Colapinto, appellant, v Martin Heinfling, respondent. (Docket No. F-05939-04)
| SCHEDULING ORDER |
Appeal by Pina Colapinto from an order of the Family Court, Nassau County, dated August 24, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 17, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M27233
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2004-10628
In the Matter of Enna D. (Anonymous). Rebecca Philpotts, petitioner-respondent; Camillus Nicholas, appellant; Fern Finkel, nonparty-respondent. (Index No. 100092/04)
| 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 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 23, 2005, 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
M27236
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2005-03488 In the Matter of Seasia D. (Anonymous). Mr. and Mrs. Anonymous, appellants; Kareem W. (Anonymous), et al., respondents.
(Docket No. A-17771-04)
| ORDER ON APPLICATION |
Application by the respondent Kareem W. 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 Family Court, Queens County, dated April 5, 2005.
ORDERED that the application is granted and the time of the respondent Kareem W. to serve and file a brief is enlarged until July 29, 2005, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27205
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THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM A. MASTRO
PETER B. SKELOS, JJ.
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2005-00150 In the Matter of E. S., respondent, v P. D., appellant. (Index No. 00009-03)
| SCHEDULING ORDER |
Appeal by P. D. from an order of the Supreme Court, Suffolk County, dated December 1, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 22, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27206
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THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM A. MASTRO
PETER B. SKELOS, JJ.
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2004-09055 In the Matter of Theresa Evans, appellant, v Uniqua Smith, et al., respondents. (Docket Nos. V-15169-03, V015172-03)
| SCHEDULING ORDER |
Appeal by Theresa Evans from an order of the Family Court, Westchester County, dated August 17, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 27, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27218
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2004-04527, 2004-04528 In the Matter of Dyshaun F. (Anonymous), appellant. (Docket No. D-10480-03)
| SCHEDULING ORDER |
Appeals by Dyshaun F. from two orders of the Family Court, Nassau County, dated April 22, 2004, and May 3, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on May 13, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until July 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27230
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2005-04556
In the Matter of Yvonne Flores-Carrasquillo, appellant, v Ariel Carrasquillo, respondent. (Docket No. F-18496-04)
| ORDER TO SHOW CAUSE |
Appeal by Yvonne Flores-Carrasquillo from an order of the Family Court, Suffolk County, dated February 2, 2005. By scheduling order dated May 19, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 19, 2005, 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 18, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27208
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THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM A. MASTRO
PETER B. SKELOS, JJ.
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2004-09432 In the Matter of Antonio I. (Anonymous). Suffolk County Department of Social Services, respondent; Tony I. (Anonymous), et al., appellants. (Docket Nos. B-20949-03, B-20950-03, B-20951-03)
| SCHEDULING ORDER |
Appeal by Kathleen I. from an order of the Family Court, Suffolk County, dated November 1, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 5, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27211
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HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
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2005-01771, 2005-01772
In the Matter of Karim L. (Anonymous). Heartshare Human Services, Inc., respondent; Criseena L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shakwon Angel W. (Anonymous). Heartshare Human Services, Inc., respondent; Criseena L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-6372/99, B-17670/99)
| DECISION & ORDER ON MOTION |
Appeals by Criseena L. from two orders of the Family Court, Kings County, both dated December 14, 2004. By decision and order on motion dated April 29, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person upon papers establishing that she is interested in pursuing the appeals on or before June 3, 2005. The appellant has failed to do so. By order to show cause dated June 9, 2005, the parties or their attorneys were directed to show cause before this court why an order should of should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with the decision and order on motion of this court dated April 29, 2005.
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements.
H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27219
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2005-01016 In the Matter of Mydrith Leon-McCormack, respondent, v Darren Morris, appellant. (Docket No. F-3850-99)
| SCHEDULING ORDER |
Appeal by Darren Morris from an order of the Family Court, Kings County, dated January 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on June 30, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M27231
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2004-10611 In the Matter of Luis Felipe Martinez, appellant, v Leslie Torres, respondent. (Docket No. F-01193/95)
| SCHEDULING ORDER |
Appeal by Luis Felipe Martinez from an order of the Family Court, Kings County, dated November 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 21, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M27217
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2005-00858 In the Matter of Roslyn Nieves-Ford, respondent, v Michael Gordon, appellant. (Docket No. F-524-96)
| SCHEDULING ORDER |
Appeal by Michael Gordon from an order of the Family Court, Nassau County, dated December 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 1, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M27203
M/nal
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM A. MASTRO
PETER B. SKELOS, JJ.
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2004-08091 In the Matter of Athinkakis Pericleous, appellant, v Moska Megaris, respondent. (Docket No. F-10572-02)
| SCHEDULING ORDER |
Appeal by Athinkakis Pericleous from an order of the Family Court, Suffolk County, dated July 13, 2004. The appellant has had the transcript for the above-entitled proceeding since January 2005. By decision and order on motion dated June 23, 2005, his motion for leave to reargue a prior motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 5, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27243
S/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE, JJ.
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2005-05691
In the Matter of Theresa Ponzio, petitioner- respondent, v Anne Marie Ponzio, appellant, et al., respondent. (Docket No. V-35250-03)
| ORDER TO SHOW CAUSE |
On the court's own motion, it is
ORDERED that its order to show cause dated July 1, 2005, in the above-entitled matter is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal by Anne Marie Ponzio from an order of the Family Court, Kings County, dated May 16, 2005.
Now, on the court's own motion, 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 on the ground that the order is not appealable as of right (see Family Ct Act § 1112), and the appellant has not sought leave to appeal to this court, by filing an affirmation or affidavit on that issue with the Clerk of this court on or before July 29, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.
SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27226
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2004-04632 In the Matter of Michael D. D. S. (Anonymous). Kevin W. (Anonymous), appellant. (File No. 43754)
| SCHEDULING ORDER |
Appeal by Kevin W. from an order of the Surrogate's Court, Nassau County, dated April 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on March 18, 2005, the law guardian's brief was served and filed on May 10, 2005, and the respondent's brief was served and filed on June 20, 2005. 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 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27220
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2005-00201 In the Matter of Maryanne Salamone-Finchum, appellant, v Michael W. McDevitt, respondent. (Docket Nos. V-2416-93, V-2267-99)
| SCHEDULING ORDER |
Appeal by Maryanne Salamone-Finchum from an order of the Family Court, Suffolk County, dated December 5, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27223
M/nal
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2005-03529 In the Matter of Kristine J. Thomas, respondent, v Gregory M. Thomas, appellant. (Docket No. O-3208-05)
| SCHEDULING ORDER |
Appeal by Gregory M. Thomas from an order of the Family Court, Suffolk County, dated March 4, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 6, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27228
M/nal
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2005-02330 In the Matter of Robert Brian Turnure, respondent, v Debbie DeLuca Turnure, appellant. (Docket Nos. V-15560/03, V015570/03, V-15571/03, V-15620/03, V-15621/03, V-15622/03)
| SCHEDULING ORDER |
Appeal by Debbie DeLuca Turnure from an order of the Family Court, Westchester County, dated February 14, 2005. By decision and order on motion of this court dated June 28, 2005, the following attorney was assigned as counsel on the appeal:
Richard Birnbaum, Esq.
200 Mamaroneck Avenue
White Plains, New York 10601
(914) 428-4565
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated June 28, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M27229
M/nal
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2004-08262, 2005-01159 In the Matter of Thomas C. Zindle, respondent, v Dorothy Hernandez, appellant. (Docket No. V-10491/00)
| SCHEDULING ORDER |
Appeals by Dorothy Hernandez from two orders of the Family Court, Queens County, dated August 17, 2004 and January 11, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on June 28, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M27023
S/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
DAVID S. RITTER, JJ.
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2005-05479 The People, etc., plaintiff, v Roy Dumas, defendant.
(Ind. No. 3650/82)
| DECISION & ORDER ON MOTION |
Motion by the People pursuant to an order of the Federal District Court for the Eastern District of New York, dated May 23, 2005, to allow the defendant to take an appeal from a judgment of the Supreme Court, Queens County, rendered May 27, 1983.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is held in abeyance pending determination of an appeal by the People from an order of the Federal District Court for the Eastern District of New York, dated September 20, 2001, in an action entitled Dumas v Kelly, pending under Index No. 97 CV 2210 (JG), in the Court of Appeals for the Second Circuit; and it is further,
ORDERED that the People shall notify this court of the decision of the Court of Appeals for the Second Circuit within 15 days of the date of that decision.
H. MILLER, J.P., SCHMIDT, COZIER and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27225
J/sl
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2003-06949
The People, etc., respondent, v Kevin Langston, appellant. (Ind. No. 3508/02)
| 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 a judgment of the Supreme Court, Kings County, rendered July 15, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 18, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court