Appellate Division: Second Judicial Department
M27299
T/sl
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2005-01142
Allied Bingo Supplies of Florida, Inc., plaintiff- respondent, v John Hynes, defendant third-party plaintiff-appellant; James Hynes Sr., third-party defendant-respondent. (Index No. 14409-01)
| ORDER ON APPLICATION |
Application by the plaintiff-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, Queens County, dated January 4, 2005.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until July 25, 2005, and the plaintiff-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
M27268
CF/
|
2005-01490 Besam Automated Entrance Systems, Inc., appellant, v Staten Island Plate Glass, respondent. (Index No. 11360/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 11, 2005.
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ORDERED that the application is granted and the appeal is marked withdrawn.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
M27269
CF/
|
2005-04636 Alexander Borgella, et al., respondents, v Alm Plumbing & Heating Supply, et al., appellants. (Index No. 24855/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 28, 2005.
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ORDERED that the application is granted and the appeal is marked withdrawn.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
M27265
CF/
|
2005-03813 Maria Capeles, respondent-appellant, v Renrick Benn, etc., appellant-respondent; Hanson Place Dental Associates, respondent. (Index No. 5886/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 4, 2005.
Upon the stipulation of the parties, dated June 20, 2005, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27247
S/sl
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2005-00819
Cristina F. Cardinal, respondent, v Lucien Cardinal, appellant. (Index No. 16330/97)
| 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, Westchester County, dated December 30, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 6, 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
M27279
A/sl
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-06258 John Louis Cocomello, Jr., respondent, v Utica Mutual Insurance Company, appellant.
(Index No. 20522/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 10, 2005, to stay enforcement of stated portions of the order, 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.
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27287
S/sl
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2004-10134
Commercial Union Insurance Company, plaintiff respondent-appellant, Cezary Bartosiewicz, respondent, v Liberty Mutual Insurance Company, defendant respondent-appellant, United States Fidelity & Guaranty Company, appellant-respondent (and a third-party action). (Index No. 105/00)
| ORDER ON APPLICATION |
Application by the appellant-respondent 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 August 13, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 15, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering briefs, including their points of argument on the cross appeals in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27197
A/sl
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2005-04452 Christina Corso, appellant, v John Halama, respondent.
(Index No. 5536/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Richmond County, dated March 28, 2005, and application by the respondent to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the application and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the appeal will be calendared when it is fully perfected; and it is further,
ORDERED that the application is granted, and the respondent's time to serve and file a brief is enlarged until July 22, 2005, and the 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.
H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27271
CF/
|
2005-00468 Larry Darville, et al., plaintiffs, v Daimler Chrysler Corporation, respondent, James Carroll, appellant. (Index No. 47046/01)
| 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 November 23, 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
M27267
CF/
|
2005-01599 Deborah Etzion, respondent, v Rafael Etzion, appellant. (Index No. 202179/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 11, 2005.
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
M27266
CF/
|
2005-02280 Fairmont Insurance Broker, Ltd., respondent, v Roy Nazinitsky, appellant. (Index No. 26653/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 26, 2005.
Upon the stipulation of the parties, dated July 7, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27290
T/sl
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2005-00126
Cheryl Flynn, plaintiff, v Toys "R" Us, Inc., defendant third-party plaintiff-respondent; Cintas Corporation, third-party defendant- appellant. (Index No. 29215/02)
| 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 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 27, 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
M27263
CF/
|
2005-03773 Deon Francois, appellant, v Chaamel Francois, respondent. (Index No. 39667/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an amended order of the Supreme Court, Kings County, dated April 6, 2005.
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
M27276
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-10825 Rocco Giannattasio, respondent-appellant, v Han Suk Kang, et al., defendants, New York City Off Track Betting Corp., appellant-respondent. (Index No. 38610/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated November 16, 2004, in effect, to reargue a prior motion to stay the trial in the above-entitled action, which was determined by decision and order on motion of this court dated February 17, 2005, and application by the respondent-appellant to enlarge the time serve and file his answering brief.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the respondent-appellant's time to serve and file its answering brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until September 12, 2005, and the respondent-appellant's brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27258
CF/
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2004-10930 Luis Guazhambo, et al., respondents, v Springs Fire Department, et al., defendants, Town of East Hampton, appellant. (Index No. 8629/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated November 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27275
R/sl
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2005-04142 Andrew J. Holowacz, et al., appellants, v Insurance Corporation of New York, et al., respondents.
(Index No. 11985/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent Insurance Corporation of New York to dismiss an appeal from a decision of the Supreme Court, Kings County, dated March 30, 2005, on the ground that the no appeal lies from a decision.
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 appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
ADAMS, J.P., COZIER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27273
CF/
|
2004-11321 Amy Kidd, appellant, v Manuel Buestan- Salto, et al., respondents. (Index No. 25637/02)
| 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 October 15, 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
M27261
CF/
|
2005-04391 Karen Kirkland, respondent, v ORBAR Corporation, appellant. (Index No. 7816/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 21, 2005.
Upon the stipulation of the parties, dated June 21, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27270
CF/
|
2005-02837 Raisa Koshul, et al., appellants, v Washington Cemetery, respondent. (Index No. 3813/04)
| 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 February 16, 2005.
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
M27249
S/sl
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2005-01241
Kristeel Construction, Inc., etc., respondent, v Kulka Construction Corp., et al., appellants, et al., defendants. (Index No. 03-24516)
| ORDER ON APPLICATION |
Application by the appellant International Fidelity Insurance Company 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 January 12, 2005.
ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until October 3, 2005, and the joint record or appendix on the appeals 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
M27284
S/sl
|
2005-04370
Reggie Lewis, et al., respondents, v Edwin Boyce, appellant, et al., defendant. (Index No. 21397/95)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 5, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 15, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27262
CF/
|
2004-11012 Rosa Matarese, respondent, v Joseph Matarese, appellant. (Index No. 392520/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated October 7, 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
M27272
CF/
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2005-05534 Nunzio Mezzasalma, et al., plaintiffs-respondents, v Savo Brothers, Inc., et al., defendants-respondents, NBM Development, LLC, defendant-appellant. (Index No. 16327/03)
| 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 May 11, 2005.
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
M27294
E/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08625
Yosef Morad, appellant, v Sandra Baer Morad, respondent. (Index No. 16981/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, entered February 19, 2004, to dismiss the appeal to the extent that the appellant raises issues that were not raised before the Supreme Court and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to the respondent raising the issue in her brief; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until August 8, 2005, and the respondent's brief must be served and filed on or before that date.
RITTER, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27297
S/sl
|
2005-01048
Billy Morgan, etc., appellant, v City of New York, defendant, New York City Health and Hospitals Corporation, respondent. (Index No. 23166/96)
| 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, Kings County, dated December 17, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 16, 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
M27286
S/sl
|
2004-11144
Hilda Osborne, respondent, v Martha Evans, appellant. (Index No. 6154/04)
| 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, Queens County, dated October 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until July 22, 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
M27248
S/sl
|
2004-11169
Lyudmila Oschepkova, respondent, v New York City Transit Authority, et al., appellants. (Index No. 18951/04)
| 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, Kings County, dated November 17, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 22, 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
M27251
S/sl
|
2005-01412
Briyana Picott, et al., respondents, v Adolfo Lewis, et al., defendants, Marson D. Sealy, et al., appellants. (Index No. 47263/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 23, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 4, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27253
S/sl
|
2003-08731 Lynn B. Posner, etc., appellant, v New York City Transit Authority, respondent. (Index No. 22521/99)
| 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, Queens County, entered August 27, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 8, 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
M27285
S/sl
|
2005-00878
Barbara Purpura, respondent, v Nicholas E. Purpura, appellant. (Index No. 5769/85)
| 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, Richmond County, dated January 3, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 16, 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
M27170
Y/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
|
2004-10572 Beverly Richards, plaintiff-respondent, v Manley Driving School, Inc., et al., respondents- appellants, Jim Smith Chevrolet, Inc., et al., appellants-respondents. (Index No. 44688/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 25, 2004, inter alia, in effect, to enlarge the record on appeal to include certain documents and to enlarge the time to serve and file a brief, and application by the appellants-respondents to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and application and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on the issue of whether it considered the following documents in rendering the order dated October 25, 2004: (1) the medical report of Jean Adrien dated October 9, 2004, annexed to the instant motion papers as Exhibit J, (2) the medical records of Asha Dua, annexed to the instant motion papers as Exhibit K, (3) the MRI report of Mark Shapiro dated December 15, 2000, annexed to the instant motion papers as Exhibit L, (4) the Brookdale Hospital Emergency Record for February 24, 2002, annexed to the instant motion papers as Exhibit M, and (5) the authorization of release of records and payment signed by the plaintiff, annexed to the instant motion papers as Exhibit N, and the motion and application are held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
FLORIO, J.P., H. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27281
S/sl
|
2004-10174
Luis Roman, appellant, v City of New York, et al., respondents. (Index No. 47651/97)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated October 19, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 22, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27259
CF/
|
2004-11038 Amanda Ruiz, et al., respondents, v 255 Tree Avenue Land Corp., et al., appellants (and a third-party action). (Index No. 46523/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated November 1, 2004.
Upon the stipulation of the parties, dated June 9, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27257
CF/
|
2005-03573 Amy Lynn Schultz, et al., respondents, v Winthrop University Hospital, et al., appellants. (Index No. 12897/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Winthrop University Hospital to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2005.
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 Winthrop University Hospital is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27246
J/sl
|
2004-10401
Elvira Sisca, et al., respondents, v City of Yonkers, New York, appellant. (Index No. 747/01)
| ORDER ON APPLICATION |
Joint application by the respondents and the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file the respondents' brief and the appellant's reply brief on an appeal from an order of the Supreme Court, Westchester County, dated October 19, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 14, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief must be served and filed on or before August 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27264
CF/
|
2005-04389 Rochel Weissberger, respondent, v Best Car Rental, a/k/a JJVBest, Inc., et al., defendants, Esther Anzaroot, appellant. (Index No. 40386/02)
| 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 March 31, 2005.
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
M27260
CF/
|
2005-04364 Denis Zaslavskiy, et al., respondents, v Plaza Hyundai, Ltd., et al., appellants. (Index No. 31034/04)
| 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 February 25, 2005.
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
M27300
S/sl
|
2004-08639
Diane Zaslowsky, et al., appellants, v J. M. Dennis Construction Company Corp., et al., respondents.
(Index No. 6751/02)
| ORDER ON APPLICATION |
Application by the respondents Pomarc Associates, Inc., and Michael Delmonaco 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 August 23, 2004.
ORDERED that the application is granted and the movants brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27008
T/sl
|
2005-00781 In the Matter of Frank D'Antuono, petitioner, v William E. Phillips, respondent. (Index No. 4771/04)
| ORDER ON APPLICATION |
Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated January 14, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and it is further,
ORDERED that the petitioner's time to perfect the proceeding is enlarged until October 11, 2005, and the petitioner's record or appendix and brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27250
J/sl
|
2004-07670
In the Matter of James J. Hunt, et al., appellants, v Board of Zoning Appeals of Incorporated Village of Malverne, et al., respondents. (Index No. 17645/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated June 22, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 5, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27241
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
STEVEN W. FISHER, JJ.
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2005-01097
In the Matter of Darlene L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Guy L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Jennifer L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Krista L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 4) In the Matter of Nicholas L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 5) In the Matter of Vincent L. (Anonymous). Suffolk County Department of Social Services, respondent; Ursula L. (Anonymous), et al., appellants. (Proceeding No. 6) (Docket Nos. N-14770-04, N-14771-04, N-14772-04, N-14773-04, N-14774-04, N-14775-04, N-14776-04, N-14777-04, N-14778-04, N-14779-04, N-14780-04, N-14781-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 27, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellants for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated January 3, 2005, as poor persons.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellants, 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 appellants, 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 Clerk of this court. The Clerk of this court is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when the appellants serve their brief upon those parties; and it is further,
ORDERED that the appellants 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 filing fee is waived; and it is further,
ORDERED that the Clerk of this court is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., COZIER, RITTER, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27291
T/sl
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2005-03659 In the Matter of Mary V. Neuhaus, petitioner- respondent, v Carl E. DuBois, etc., respondent, Mark J. McGovern, et al., appellants. (Index No. 7256/04)
| ORDER ON APPLICATION |
Application by the respondent Mary V. Neuhaus 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, Orange County, dated March 4, 2005.
ORDERED that the application is granted and the time of the respondent Mary V. Neuhaus to serve and file a brief is enlarged until August 12, 2005, and the brief of the respondent Mary V. Neuhaus must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27278
A/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2005-03418 In the Matter of Anthony Norris, petitioner, v Brian Fischer, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, in effect, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the petition and the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion for permission to proceed as a poor person is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this decision and order on motion the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
ADAMS, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27282
S/sl
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2001-03529
The People, etc., respondent, v Derek Livingston, appellant.
(Ind. No. 99-01515)
| 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, rendered April 5, 2001.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27292
A/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
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2004-03714 The People, etc., respondent, v William Riley, a/k/a Ajamu Olutosin, appellant. (Ind. No. 5308/85)
| DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a resentence of the Supreme Court, Queens County, imposed April 15, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
87-B-0363
Attica Correctional Facility
Box 149
Attica, New York 14011
Appellate Division: Second Judicial Department
M27298
T/sl
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2003-06378 The People, etc., respondent, v Keith Everton Spence, appellant. (Ind. No. 2155-02)
| 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, Suffolk County, rendered July 1, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 25, 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
M27252
S/sl
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2004-02497
The People, etc., respondent, v Vadim Traut, appellant. (Index No. 3388/02)
| 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, Queens County, rendered March 9, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 11, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court