Appellate Division: Second Judicial Department
M13507
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-05210 Hector Alcantara, respondent, v City of New York, et al., appellants (and a third-party action). (Index No. 30200/96)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 10, 2004.
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 denied.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13395
CF/
|
2004-02907 Alliance Funding Company, etc., respondent, v Panzarina Denise Hood, appellant, et al., defendants. (Index No. 8499/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M13496
CF/
|
2003-08135 Allstate Insurance Company, respondent, v Michael A. Marcone, et al., appellants. (Index No. 5977/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Suffolk County, dated August 4, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13494
CF/
|
2004-01609 Allstate Insurance Company, respondent, v Michael A. Marcone, et al., defendants, Kerri Iossa, appellant. (Index No. 5977/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered December 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13397
CF/
|
2004-00350 Guerdy Antoine, respondent, v P.C. Delivery Services, Inc., et al., appellants. (Index No. 21570/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13389
CF/
|
2004-00299 Hay Cohen Arazy, et al., appellants, v Pasquale Catanzariti, respondent. (Index No. 43653/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 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
M13388
CF/
|
2004-01344 Louis Bonavita, et al., appellants, v Mario Madonia, et al., respondents. (Index No. 6151/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, dated December 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13396
CF/
|
2004-02635 Elbert Curtis, appellant, v James M. Inman Construction Corp., et al., respondents. (Index No. 11070/95)
| 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 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
M13461
CF/
|
2003-07888 Kelly Daley, plaintiff, v EKC Technology, Inc., respondent, Joan Berube, etc., appellant. (Index No. 146/98)
| 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 August 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13446
CF/
|
2004-00629 Alfred Dileo, et al., plaintiffs-respondents, v Guiseppe Manente, et al., defendants-respondents, Joseph Manente, appellant (and a third-party action). (Index No. 1700/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a decision of the Supreme Court, Putnam County, dated December 11, 2003.
Upon the stipulation of the parties, dated April 13, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13149
CF/
|
2003-09513 Hermione DuMorne, et al., appellants, v Carl Kemel-Pierre, et al., respondents. (Index No. 26972/94)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens 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
M13390
CF/
|
2004-00079 Menachem Edelman, et al., respondents, v Agnes Credille, et al., defendants, Joe Faz Bus, Co., et al., appellants. (Index No. 8047/01)
| 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 September 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
M13398
CF/
|
2004-00106 Equiptex Industrial Products, Corp., respondent, v Herbert Karel, appellant. (Index No. 7079/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13394
CF/
|
2004-04240, 2004-04243 Cindy Farber, appellant, v Bruce Farber, respondent. (Index No. 200825/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Nassau County, dated January 7, 2004, and April 27, 2004, 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
M13508
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-07619 Pervez Zafar Faruqi, appellant-respondent, v Fareeha Faruqi, respondent-appellant. (Index No. 28978/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated June 23, 2003, 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 thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 23, 2004, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13495
R/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-00449 Kathleen Hanley, etc., plaintiff-respondent, v Johanna L. Swift, et al., appellants, Village of Suffern, defendant-respondent.
(Index No. 7709/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Rockland County, dated December 2, 2003, and for leave to serve and file a supplemental record containing her notice of cross motion, her attorney's answering affirmation and moving affirmation, and the affirmation of service, all dated July 10, 2003, appended as Exhibit A to the instant motion papers, and to direct the appellants to pay for the cost of the supplemental record.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for leave to serve and file a supplemental record and to direct the appellants to pay for the cost of the supplemental record are granted to the extent that on or before August 6, 2004, the appellants shall serve and file a supplemental record containing the material appended as Exhibit A to the motion papers, and those branches of the motion are otherwise denied; and it is further,
ORDERED that on the court's own motion, on or before August 6, 2004, the appellants may serve and file a supplemental brief or replacement brief, if they be so advised; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondents' briefs is granted, the respondents' time to serve and file their respective briefs is enlarged until September 7, 2004, and the respondents' briefs shall be served and filed on or before that date.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13401
CF/
|
2003-10464 Lynna Honahan, et al., appellants, v Kib Woodbury Associates, LLC, respondent. (Index No. 28590/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated October 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13498
S/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-00109, 2004-00111 Nitza Keane, appellant-respondent, v Frank M. Keane, respondent-appellant. (Index No. 18696/99)
| DECISION &ORDER ON MOTION |
Application by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated November 14, 2003, and an appeal from an order of the same court dated December 8, 2003, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to perfect the appeals.
ORDERED that on the court's own motion the appeal from the order dated December 8, 2003, is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion to vacate or set aside a decision (see Matter of Colonial Penn Ins. Co. v Cudley, 144 AD2d 363); and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted, the appellant-respondent's time to perfect the appeal is enlarged until August 26, 2004, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as academic.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13417
E/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-09644 Vyacheslav Korzh, et al., appellants, v Blanch Fox, respondent.
(Index No. 44569/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated July 14, 2003, inter alia, to stay the trial in the above-entitled action pending hearing and determination of the appeal or for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13017
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2003-04757 Anna F. Larsen, et al., respondents, v Dawn M. Spano, et al., appellants, et al., defendants. (Index No. 4937/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 1, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal (see Larsen v Spano, AD3d [2d Dept. July 6, 2004]).
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M12225
CF/
|
2004-00695 Lawrence Lithgow, appellant, v London Park Realty Corporation, et al., respondents (and a third-party action). (Index No. 8118/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated May 13, 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
M13451
CF/
|
2004-00696 Lawrence Lithgow, appellant, v London Park Realty Corporation, et al., respondents (and a third-party action). (Index No. 8118/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13448
CF/
|
2004-02917 M&S Construction & General Contracting Corporation, appellant, v MacHull Redevelopment Associates, L.P., et al., respondents, et al., defendants. (Index No. 18681/01)
| 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 February 18, 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
M13400
CF/
|
2003-09426 Arthur McGrath, et al., respondents, v Waldbaum's, Inc., appellant. (Index No. 32956/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated September 2, 2003.
Upon the stipulation of the parties, dated March 9, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13490
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-08610, 2004-05235 Midlantic Commercial Leasing Corp., respondent, v Isaac Levin, appellant, et al., defendants. (Index No. 4034/88)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from a judgment of the Supreme Court, Nassau County, dated July 12, 2002, and an order of the same court dated May 24, 2004, to enlarge the time to perfect the appeal from the judgment, and to enlarge the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals 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 the motion which is to enlarge the time to perfect the appeal from the judgment is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal from the judgment is enlarged until August 12, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13380
CF/
|
2004-00173 Robert A. Morano, appellant, v Town of East Fishkill, et al., respondents. (Index No. 1816/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated November 26, 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
M13418
CF/
|
2004-02356 Ronald Nicoletti, et al., appellants, v Lakehill Homes, Inc., et al., respondents. (and a third-party action) (Index No. 18077/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk 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
M13411
E/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-05062 Albert Nigri, appellant, v Frank A. Stachecki, et al., respondents.
(Index No. 28473/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 2004, inter alia, to stay enforcement of so much of the order as authorized the release of the subject down payment pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13436
CF/
|
2004-03646 OTC International Ltd., respondent, v All Those Underwriters at LLoyd's of London Subscribing to Policy of Insurance Numbered HN99ABXC255, appellant. (Index No. 32209/01)
| 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 January 29, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13506
S/sl
|
2003-06572
Public Administrator of Kings County, etc., respondent, v Sarafino Tomassetti, et al., appellants, et al., defendants. (Index No. 41660/95)
| 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 amended judgment of the Supreme Court, Kings County, dated June 19, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 3, 2004, 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
M13505
S/sl
|
2004-00185
Elyse Rappaport, appellant, v Michael Rappaport, respondent. (Index No. 9688/96)
| 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 November 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 7, 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
M12120
CF/
|
2003-10133 Robert Martin Company, LLC, respondent, v Peerless Insurance Company, appellant. (Index No. 20158/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered September 30, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13512
CF/
|
2004-00455 Robert Martin Company, LLC, respondent, v Peerless Insurance Company, appellant. (Index No. 20158/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 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
M13392
CF/
|
2004-01941 Jeanette J. Santana, respondent, v Frederick R. Gonzalez, et al., appellants. (Index No. 26074/01)
| 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 December 31, 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
M13428
M/nal
|
2004-03881, 2004-03882
Russell J. Schiff, respondent, v Ann Marie Schiff, appellant. (Index No. 23839/00)
| ORDER TO SHOW CAUSE |
Appeals by Ann Marie Schiff from a judgment of the Supreme Court, Suffolk County, and an order of the same court, both dated March 10, 2004. By scheduling order dated May 25, 2004, 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 Supreme Court proceedings to be transcribed for the appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date was received; or
(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or
(4) an affidavit or an affirmation withdrawing the appeals.
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 appeals in the above-entitled proceeding for failure to comply with the scheduling order dated May 25, 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 30, 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
Appellate Division: Second Judicial Department
M13421
CF/
|
2004-03605 Nancy Barrett Schlegel, respondent, v Headless Horseman Entities, Inc., et al., appellants. (Index No. 13847/03)
| 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 April 2, 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
M13416
CF/
|
2004-05263 Joy Allison Schuval, respondent, v DL Freightways, et al., appellants. (Index No. 15244/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 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
M13487
R/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-06665 Omrie Scott, etc., et al., plaintiffs-respondents, v City of New York, appellant, Edward J. Gladick, defendant-respondent.
(Index No. 4043/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated June 12, 2003, and to enlarge the record on 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 to enlarge the time of the plaintiffs-respondents to serve and file a brief is granted; and it is further,
ORDERED that the plaintiffs-respondents' time to serve and file a brief is enlarged until August 6, 2004, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13391
CF/
|
2004-02622 Galina Slepouhova, appellant, v Kings Plaza Dental, et al., respondents. (Index No. 7867/02)
| 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 January 12, 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
M13510
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-10323 John Smart, et al., respondents, v Dale F. Adams, et al., appellants. (Index No. 878/02)
| DECISION & ORDER ON MOTION |
Motion by Daniels and Porco, LLP, the attorneys for the appellants, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Dutchess County, dated October 22, 2003.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Daniels and Porco, LLP, is relieved from representing the appellants with respect to the instant appeal; and it is further,
ORDERED that on or before July 22, 2004, Daniels and Porco, LLP, is directed to serve its clients by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order; and it is further,
ORDERED that the appellants time to perfect the appeal is enlarged until August 23, 2004.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13447
CF/
|
2004-00720 Charles Springstead, plaintiff-defendant, v Ciba-Geigy Corporation, defendant, Toreon, Inc., et al., defendants-appellants, Novartis Pharmaceuticals Corporation, defendant-respondent. (and third and fourth party actions) (Index No. 3688/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13504
S/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-03662
Su Zhen Li, et al., appellants, v Duane Reade, Inc., respondent. (Index No. 25014/00)
| ORDER TO SHOW CAUSE |
The plaintiffs having appealed to this court from an order of the Supreme Court, Queens County, dated April 12, 2004, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse.
Now, on the court's own motion, it is
ORDERED that counsel for the appellant show cause why an order should or should not be made and entered dismissing the appeal or imposing such other sanction as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by 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 all parties to the action on or before July 30, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon counsel for all parties by regular mail.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13478
CF/
|
2004-00879 Wanda Sykes, respondent, v HSBC Bank USA, et al., appellants, et al., defendants.
(Index No. 3217/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Rockland County, dated December 18, 2003.
Upon the stipulation of the parties, dated April 8, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13440
CF/
|
2003-11027 Joy Thomas, respondent, v City of Mount Vernon, et al., appellants. (Index No. 7428/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants County of Westchester and the Office of the Westchester County District Attorney to withdraw an appeal from an order of the Supreme Court, Westchester County, entered November 20, 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 County of Westchester and the Office of the Westchester County District Attorney is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13442
CF/
|
2003-10640 Victor Zabicki, respondent, v Hallen Construction Co., et al., appellants. (Index No. 4587/03)
| 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 October 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
M13403
CF/
|
2003-09204 Ann Zirngibl, et al., respondents, v City of White Plains, appellant, et al., defendants. (Index No. 19642/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 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
M13424
M/nal
|
2003-10476 In the Matter of Gabriel A. (Anonymous), appellant. (Docket No. D-8685/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated November 13, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until July 16, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13420
CF/
|
2004-04098 In the Matter of Gail M. Amorde, appellant, v Bret C. Amorde, respondent. (Docket No. F-05598-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated March 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
M13432
M/nal
|
2003-07793, 2003-07794
In the Matter of Hilary Best, appellant, v Alma Belgrave, respondent. (Docket No. O-05234-03)
| SCHEDULING ORDER |
Appeals by Hilary Best from two orders of the Family Court, Queens County, dated July 10, 2003, and July 31, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on April 30, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until July 28, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13435
M/nal
|
2004-00777
In the Matter of Sheldon C. (Anonymous), appellant. (Docket No. D-16090/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated January 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 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13502
S/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-07822
In the Matter of Rita A. Cogswell, appellant, v James E. Spelatis, respondent. (Docket No. F-763/01)
| DECISION & ORDER ON MOTION |
Appeal by Rita A. Cogswell from an order of the Family Court, Suffolk County, dated August 18, 2003. By decision and order on motion of this court dated February 18, 2004, the appellant's time to perfect the appeal was enlarged until April 15, 2004. The appeal has not been perfected and the appellant has not sought an enlargement of time to perfect the appeal.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the decision and order on motion dated February 18, 2004.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13296
M/nal
|
2004-05374, 2004-05575 In the Matter of Tyreek, a/k/a Joseph F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Docket No. B-17617-00) In the Matter of Tylasis Maryetta F. (Anonymous). Miracle Makers, Inc., petitioner-respondent; Audrey F. (Anonymous), appellant, et al., respondent. (Docket No. B-720-00)
| SCHEDULING ORDER |
Appeals by Audrey F. from two orders of the Family Court, Kings County, both dated February 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals 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 of the Family Court proceedings to be transcribed for the appeals; 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals 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 appeals; 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 appeals to show cause why the appeals 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.
Appellate Division: Second Judicial Department
M13387
CF/
|
2004-02761 In the Matter of Maryellen Finger, respondent, v Joseph Altmann, appellant. (Docket No. O-744-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Putnam County, dated February 24, 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
M13452
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-05421 In the Matter of Shmuel G. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, respondent; Rivka G. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Esther G. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, respondent; Rivka G. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1132-3/02, N-1133-3/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Family Court, Kings County, dated June 21, 2004, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to stay the hearing in the above-entitled proceedings pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary (see Family Ct Act § 1112); and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are 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 briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Mark Brandys, Esq.
26 Court - Suite 1215
Brooklyn, New York 11242
718-624-4010
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13366
M/nal
|
2004-05360 In the Matter of Edvard Kats, appellant, v Yelena Yaroshenko, respondent. (Docket No. A-05287/99)
| SCHEDULING ORDER |
Appeal by Edvard Kats from an order of the Family Court, Kings County, dated May 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M13526
J/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-09320
In the Matter of Lisa Lewis, appellant, v Francis Redhead, respondent. (Docket No. F-7557/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 15, 2004, in the above-entitled proceeding is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Kings County, dated September 18, 2003, to include certain documents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew, on or before August 6, 2004, upon submission of the copies of the documents sought to be included in the record on appeal.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13363
M/nal
|
2004-05624 In the Matter of Penelope M. (Anonymous), respondent, v Byagi C. (Anonymous), a/k/a Marie Byagi C. (Anonymous), appellant. (Docket No. P-1061-98)
| SCHEDULING ORDER |
Appeal by Byagi C., a/k/a Marie Byagi C. from an order of the Family Court, Westchester County, dated June 3, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M13342
M/nal
|
2004-05521 In the Matter of Lenora Myrick, appellant, v Administration for Children's Services, et al., respondents. (Docket Nos. V-11689-02, V-11699-02)
| SCHEDULING ORDER |
Appeal by Lenora Myrick from an order of the Family Court, Queens County, dated June 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M13426
M/nal
|
2004-01299
In the Matter of Victor Nelson, appellant, v Diane Seale, respondent. (Docket No. P-01132/01)
| ORDER TO SHOW CAUSE |
Appeal by Victor Nelson from an order of the Family Court, Kings County, dated November 26, 2003. By scheduling order dated May 25, 2004, 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) 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 25, 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 30, 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
Appellate Division: Second Judicial Department
M13281
M/nal
|
2004-05367 In the Matter of T'Challaarkiesha Janette Jouslin R.-D. (Anonymous). Angel Guardian - St. Mary's Children and Family Services, respondent; Shavonne Kathleen R. (Anonymous), appellant. (Docket No. B-7321-01)
| SCHEDULING ORDER |
Appeal by Shavonne Kathleen R. from an order of the Family Court, Kings County, dated May 28, 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.
Appellate Division: Second Judicial Department
M13140
M/nal
|
2004-04565 In the Matter of Steven S. (Anonymous). Administration for Children's Services, appellant; Melanie S. (Anonymous), respondent. In the Matter of Michael S. (Anonymous). Administration for Children's Services, appellant; Melanie S. (Anonymous), respondent. In the Matter of Tiana S. (Anonymous). Administration for Children's Services, appellant; Melanie S. (Anonymous), respondent. In the Matter of Christopher S. (Anonymous). Administration for Children's Services, appellant; Melanie S. (Anonymous), respondent. (Docket Nos. N-13095-98, N-13096-98, N-13097-98, N-31206-03, B-25305-00, B-25036-00, B-25037-00)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated May 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled 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,
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
M13470
CF/
|
2003-11215, 2003-11216 In the Matter of Lewis J. Sims, petitioner- respondent-appellant; Estate of Samuel Seigel, respondent; Stewart T. Schantz, nonparty-appellant-respondent. (Index No. 83646/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw cross appeals from two orders of the Surrogate's Court, Dutchess County, dated July 24, 2003 and November 13, 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 cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13509
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-01815 In the Matter of Francis Smythe, petitioner, v Glenn Goord, respondent. (Index No. 3188/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated December 3, 2003, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branch of the motion which is for the waiver of the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge and the assignment of counsel are denied; and it is further,
ORDERED that on the court's own motion, the petitioner's time to perfect the proceeding by causing the original papers constituting the record on 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 nine copies of his brief on the appeal is enlarged until August 23, 2004.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13270
M/nal
|
2004-05419 In the Matter of Mari and Morton Weisbard, appellants, v Tracey Misset, respondent. (Docket Nos. V-01284-99, V-01285-99)
| SCHEDULING ORDER |
Appeal by Mari and Morton Weisbard from an order of the Family Court, Westchester County, dated May 24, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M13259
F/
BARRY A. COZIER, J.
|
2004-03099
The People, etc., plaintiff, v Steven Acevedo, defendant. (Ind. No. 36/97)
| 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 County Court, Dutchess County, dated March 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.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M13253
F/
BARRY A. COZIER, J.
|
2004-01510
The People, etc., plaintiff, v Freddy Cano, defendant. (Ind. No. 71/95)
| 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 December 19, 2003, 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.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M13252
F/
BARRY A. COZIER, J.
|
2004-01628
The People, etc., plaintiff, v Thomas King, defendant. (Ind. No. 6455/97)
| 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 December 10, 2003, 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.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M13413
S/sl
|
2004-00872
The People, etc., respondent, v Joseph Romeo, appellant. (Ind. No. 03-00105)
| 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 County Court, Rockland County, rendered January 6, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 6, 2004, 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
M13415
CF/
|
2003-06116 The People, etc., respondent, v Jason Slay, etc., appellant. (Ind. No. 1789/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, rendered June 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13453
CF/
|
2002-06379 The People, etc., respondent, v Tim Smith, a/k/a Timothy Smith, appellant. (Ind. No. 10680/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered August 6, 2001.
Upon the stipulation of the parties, dated April 12, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13254
F/
BARRY A. COZIER, J.
|
2004-02780
The People, etc., plaintiff, v David Williams, a/k/a DeAndre Taharka D. Williams, defendant. (Ind. Nos. 80-00105, 88-00581)
| 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, Westchester County, dated September 30, 2003, 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.
BARRY A. COZIER
Associate Justice