Appellate Division: Second Judicial Department
M13640
J/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
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2003-03822 Charles Amorim, et al., respondents-appellants, v Herbert Allen III, et al., appellants-respondents, Deepdale, Inc., respondent, et al., defendants. (Index No. 14842/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 5, 2003, in the above-entitled matter is amended by deleting from the preamble thereof the date "May 13, 2003," and substituting therefor the date "March 13, 2003."
PRUDENTI, P.J., RITTER, SANTUCCI and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13653
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2004-04047
Banc of America Auto Finance Corp., respondent, v Metro Auto Leasing, Inc., d/b/a Carsbuytel, et al., defendants, Strictly Auto Leasing, Inc., et al., appellants.
(Index No. 3497/03)
| 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 April 26, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M13643
A/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
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2002-08841 Madeline Dempster, respondent, v Overview Equities, Inc., et al., defendants, Island Helicopter Leasing Corp., et al., appellants. (Index No. 23593/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered August 15, 2002, which was determined by decision and order of this court dated February 23, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
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 $100 costs.
SMITH, J.P., H. MILLER, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13646
A/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2003-10682
Tammy Sternberg Karen, f/k/a Tammy Sternberg, respondent, v Stuart Sternberg, appellant. (Index No. 204407/00)
| DECISION & ORDER ON MOTION Motion To Withdraw Appeal |
Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 29, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13639
S/sl
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2004-00523
Elvira Karsdon, respondent, v Robert F. Barringer, et al., appellants, et al., defendants. (Index No. 30782/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered December 23, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13656
PL/nal
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2004-00326
Man Choi Chiu, et al., appellants, v Winston Chiu, et al., respondents. (Index No. 21170/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 8, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 8, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13590
A/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
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2004-03425 Steven Marchese, appellant, v Colin M. Reilly, respondent. (Index No. 1745/02)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from a clerk's extract of the trial minutes of the Supreme Court, Dutchess County, dated March 26, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the trial minutes (see Rockman v Brosnan, 280 AD2d 591).
ALTMAN, J.P., H. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13665
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2004-00475
Kay Morgan, et al., respondents, v Douglas Morgan, et al., appellants. (Index No. 28533/97)
| 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 and judgment (one paper) of the Supreme Court, Kings County, dated December 10, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 7, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13647
L/
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2003-10112 Hurshed Mulladzanov, et al., plaintiffs- respondents, v Faye Enterprises Corp., et al., respondents-appellants, Bruce Holloway, d/b/a Speedy Concrete Pumping, appellant- respondent, Chaim Ostreicher, et al., respondents, et al., defendants. (Index No. 4529/00)
| ORDER ON APPLICATION Application to Withdraw Cross Appeals |
Separate applications by the respondents-appellants, Industrial Enterprises, Ltd., Eugene Ostreicher, Faye Enterprises Corp. and Fay Schwimmer, to withdraw their respective cross appeals from an order of the Supreme Court, Kings County, dated September 23, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or relation thereto, it is
ORDERED that the applications are granted and the cross appeals by Industrial Enterprises, Ltd., Eugene Ostreicher, Faye Enterprises Corp. and Fay Schwimmer, are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13658
CF/
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2003-10211 Nassau Lens Company, Inc., respondent, v Vernon Optical Company, Inc., etc., appellant. (Index No. 4482/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated October 14, 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
M13666
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2003-10661, 2003-11101
Robert Quackenbush, plaintiff, v Gar-Ben Associates, et al., defendants third-party plaintiffs-respondents, et al., defendants; L. H. Power, third-party defendant-appellant. (Index No. 17842/00)
| 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 appeals from two orders of the Supreme Court, Nassau County, dated September 16, 2003, and October 15, 2003, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 23, 2004, 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
M13644
CF/
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2004-01817 Juan C. Quintero, respondent, v Franklin Crane, et al., appellants. (Index No. 2161/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Franklin Crane and Conway Transport Server, Inc., to withdraw an appeal from an order of the Supreme Court, Queens County, dated November 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 by Franklin Crane and Conway Transport Server, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13651
CF/
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2003-08205 Glenn Sibbers, appellant, v All Weather Tire, et al., respondents. (Index No. 10099/00)
| 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 March 4, 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
M13674
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2004-00545
Helen Sieger, appellant, v Joan Prehay, et al., respondents. (Index No. 18450/02)
| 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, Queens County, dated November 17, 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
M13663
PL/nal
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2004-00496
Marta Stefancova, respondent, v New York City Transit Authority, appellant. (Index No. 40757/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated December 12, 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
M13645
A/sl
NANCY E. SMITH, J.P.
ROBERT W. SCHMIDT
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
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2002-04052 Sweeney, Cohn, Stahl & Vaccaro, etc., et al., appellants, v Amy Kane, defendant, George Kane, et al., respondents. (Index No. 16585/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, entered April 2, 2002, which was determined by opinion and order of this court dated March 8, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this court.
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 $100 costs.
SMITH, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13661
CF/
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2004-00572 Josephine Terlizzi, respondent, v Metropolitan Suburban Bus Authority, et al., appellants. (Index No. 30762/93)
| 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 November 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13662
CF/
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2004-00574 Josephine Terlizzi, respondent, v Metropolitan Suburban Bus Authority, et al., appellants. (Index No. 30762/93)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 22, 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
M13649
CF/
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2004-05317 Todd Walas, et al., appellants, v Thomas Heyward, etc., et al., respondents. (Index No. 16944/02)
| 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 April 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
M13657
PL/nal
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2003-09810
Lily Wang, appellant, v Brookhaven Locksmiths, Inc., et al., respondents. (Index No. 19540/02)
| 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, Suffolk County, dated September 23, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 5, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13669
O/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2003-07308
John Williams, et al., respondents, v Pelican Pest Control, Inc., appellant. (Index No. 009242/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Nassau County, dated June 26, 2003.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13633
M/nal
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2003-05549, 2003-10075, 2003-10076 In the Matter of Michelle Bouie, appellant, v Juan E. Arvelo, respondent. (Docket No. V-13543/03)
| SCHEDULING ORDER |
Appeals by Michelle Bouie from an order of the Family Court, Kings County, dated June 24, 2003, and an order and an amended order of the same court both dated November 10, 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until July 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13642
CF/
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2004-00882 In the Matter of Arthur L. Coleman, appellant, v Suzanne Coleman, respondent. (Docket No. F-00070-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated December 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
M13660
O/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
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2004-03181
In the Matter of Janet Q. Corsetti, respondent, v James Krowiak, appellant. (Docket No. F-11660-03)
| DECISION & ORDER ON MOTION |
Appeal by James Krowiak from an order of the Family Court, Nassau County, dated March 3, 2004. By order to show cause dated June 15, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 7, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.
Now, on the court's own motion and upon the papers filed in support of the application, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13630
M/nal
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2004-02384 In the Matter of D. (Anonymous) Children. Administration for Children's Services, respondent; Robert D. (Anonymous), appellant. (Docket No. N-17487/89)
| SCHEDULING ORDER |
Appeal by Robert D. from an order of the Family Court, Kings County, dated February 23, 2004. By decision and order on motion of this court dated July 1, 2004, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Richard Cardinale, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11242
(718) 624-9391
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated July 1, 2004, has been served upon the clerk of the court from which the appeal is taken, 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
M13624
M/nal
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2004-02525 In the Matter of Robert D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Stephania D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Mary D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Gilbert D. (Anonymous), Jr. Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 4) In the Matter of Tabitha D. (Anonymous). Dutchess County Department of Social Services, appellant; Rita R. (Anonymous), et al., respondents. (Proceeding No. 5) (Docket Nos. N-03052/03, N-03053/03, N-03054/03, N-03055/03, N-03056/03)
| SCHEDULING ORDER |
Appeal by Dutchess County Department of Social Services from an order of the Family Court, Dutchess County, dated March 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M13607
M/nal
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2004-03997, 2004-04769 In the Matter of Eduardo D.-B. (Anonymous), appellant. (Docket No. D-336-04)
| SCHEDULING ORDER |
Appeals by Eduardo D.-B. from two orders of the Family Court, Orange County, both dated April 19, 2004. By decision and order of this court dated July 1, 2004, the following attorney was assigned as counsel on the appeals:
Neal D. Futerfas, Esq.
50 Main Street #1000
White Plains, New York 10606
(914) 682-2171
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 proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the 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 the order of this court dated July 1, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) 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), 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 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
M13626
M/nal
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2003-10451 In the Matter of Dutchess County Department of Social Services, o/b/o Sharon Fleming, respondent, v George Wilson, appellant. (Docket Nos. P-5417/02, P-0533/03)
| SCHEDULING ORDER |
Appeal by George Wilson from an order of the Family Court, Dutchess County, dated November 6, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M13587
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
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2004-00236 In the Matter of Jason Figueroa, respondent, v Marilyn Panebianco, appellant. (Docket No. V-399/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, entered November 24, 2003, as a poor person, and for the assignment of counsel.
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 4, 2004, upon the submission of proper papers establishing that the appellant is entitled to poor person relief.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13622
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2003-08044
In the Matter of Diane H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 1) In the Matter of Missy H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 2) In the Matter of Alexya H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 3) In the Matter of Jose H. (Anonymous). Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 4) In the Matter of Matthew H. (Anonymous), Jr. Seaman's Society for Children and Families, respondent; Matthew H. (Anonymous), Sr., et al., appellants. (Proceeding No. 5) (Docket Nos. B-1344/03, B-1345/03, B-1346/03 B-1347/03, B-1348/03) In the Matter of John P. (Anonymous), et al., petitioners, v Administration for Children's Services, et al., respondents. (Proceeding No. 6) (Docket Nos. V-1049/03, V-1050/03 V-2130/03, V-2131/03, V-2132/03)
| SCHEDULING ORDER |
Separate appeals by Matthew H., Sr., and Julie H. from an order of the Family Court, Richmond County, dated August 22, 2003. The brief of appellant Julie H. was served and filed on March 30, 2004, and the brief of the appellant Matthew H., Sr., was served and filed on May 11, 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 appeal is enlarged until August 2, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13628
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2004-02536 In the Matter of Joseph A. Hores, appellant, v Christine A. Hores, respondent. (Docket No. F-1441-01)
| SCHEDULING ORDER |
Appeal by Joseph A. Hores from an order of the Family Court, Nassau County, dated February 18, 2004. By decision and order of this court dated June 30, 2004 the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that 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 proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M13634
M/nal
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2003-02180, 2003-02799, 2003-07972
In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent. (Docket Nos. V-695/97, V-696/97)
| ORDER TO SHOW CAUSE |
Appeals by Jehuda Ish-Shalom from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 2003. By decision and order on motion dated May 21, 2004, the appellant was granted until July 1, 2004, to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeals. The appellant has failed to comply with the order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the decision and order on motion dated May 21, 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 August 2, 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
M13641
CF/
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2004-02807 In the Matter of Janice M. Israel, respondent, v Samuel Israel, III, appellant. (Docket Nos. V-7359-03, V-7360-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated February 25, 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
M13631
M/nal
|
2003-05779, 2004-00618 In the Matter of Malik J. (Anonymous). St. Christopher Ottilie, respondent; Donna F., etc. (Anonymous), appellant. (Proceeding No. 1)
In the Matter of "Female" G., etc. (Anonymous). St. Christopher-Ottilie, respondent; Donna F., etc. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-13537-99, B-5103-00)
| SCHEDULING ORDER |
Appeals by Donna F. from two orders of the Family Court, Queens County, both dated April 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 2, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M13629
M/nal
|
2004-03018 In the Matter of Mona Khanna, respondent, v Rajat Suresh Bhatt, appellant. (Docket No. O-19922/03)
| SCHEDULING ORDER |
Appeal by Rajat Suresh Bhatt from an order of the Family Court, Queens County, dated March 15, 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 September 2, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13667
O/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-04136
In the Matter of Chaim M. (Anonymous). Administration for Children Services, respondent; Avner M. (Anonymous), appellant. (Docket No. B-18280-03) In the Matter of Malka T. (Anonymous). Administration for Children's Services, respondent; Avner M. (Anonymous), appellant. (Docket No. B-18281-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to stay an order of the Family Court, Kings County, dated March 25, 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 as academic on the ground that the appeal was dismissed by decision and order on motion of this court dated June 17, 2004.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13659
CF/
|
2003-11321 In the Matter of Quanel M. (Anonymous), appellant. (Docket No. D-32453-03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Family Court, Kings County, dated December 2, 2003.
Upon the stipulation of the parties, dated July 6, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13584
M/nal
|
2004-03107 In the Matter of Christine Mazzilli, appellant, v Paul Mazzilli, respondent. (Docket No. F-8451/92)
| SCHEDULING ORDER |
Appeal by Christine Mazzilli from an order of the Family Court, Kings County, dated March 22, 2004. By decision and order of this court dated July 1, 2004, the following attorney was assigned as counsel on the appeal:
Richard L. Herzfeld, Esq.
555 Fifth Avenue - 17th Floor
New York, New York 10017
(212) 818-9019
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated July 1, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M13567
M/nal
|
2002-06499 In the Matter of Thomas McCormick, appellant, v Diane Franklin, respondent. (Docket No. V-180-02)
| SCHEDULING ORDER |
Appeal by Thomas McCormick from an order of the Family Court, Westchester County, dated July 2, 2002. 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 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13668
S/nal
|
2003-10103
In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Kim Foster, et al., respondents. (Index No. 16661/03)
| ORDER ON APPLICATION |
Application by the respondent Kim Foster 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 6, 2003.
ORDERED that the application is granted and the time of the respondent Kim Foster to serve and file a brief is enlarged until July 23, 2004, and that respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M133664
S/nal
|
2004-02614
In the Matter of Noble Drew Ali Plaza Housing Corporation, petitioner-respondent; New Lots Towers, LLC, appellant; Attorney General of the State of New York, et al., nonparty-respondents. (Index No. 28902/02)
| ORDER ON APPLICATION |
Applications by the nonparty-respondents Attorney General of the State of New York and Local 32BJ Service Employees International Union, AFL-CIO pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal from an order of the Supreme Court, Kings County, dated February 19, 2004.
ORDERED that the applications are granted and the movants' time to serve and file their respective briefs is enlarged until August 11, 2004, and the movants' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13635
M/nal
|
2003-07136
In the Matter of Carlos P. (Anonymous), appellant. (Docket No. D-3242-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Orange County, dated August 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 6, 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 brief shall be served and filed within 45 days of the date of this order.
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
M13681
PL/nal
|
2004-00748
In the Matter of Michael Pavese, deceased. Barbara Pavese, respondent; Peter Pavese, etc., et al., appellants. (File No. 319819)
| 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 Surrogate's Court, Nassau County, dated November 6, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 10, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13586
M/nal
|
2004-03529 In the Matter of Mary R. (Anonymous), respondent, v Sidi Mohammed T. (Anonymous), appellant. (Docket No. P-1841-02)
| SCHEDULING ORDER |
Appeal by Sidi Mohammed T. from an order of the Family Court, Kings County, dated March 29, 2004. By decision and order of this court dated July 1, 2004, the following attorney was assigned as counsel on the appeal:
Steven P. Forbes, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 791-8444
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated July 1, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M13654
CF/
|
2004-03206 In the Matter of SKM Enterprises, Inc., appellant, v Town of Monroe, et al., appellants. (Index No. 5157/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated March 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
M13652
CF/
|
2004-01180 In the Matter of Carmel Sullivan, respondent, v Peter Gasparini, etc., appellant. (Docket No. F-585-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange 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
M13648
CF/
|
2004-04770 In the Matter of Village of Port Chester, appellant, v City of White Plains, respondent. (Index No. 20342/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 31, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13650
A/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-03319
In the Matter of Kenneth Adam Noel W. (Anonymous). Pius XII Youth and Family Services, et al., respondents; Tommie W. (Anonymous), appellant. (Docket No. B-2591/00)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated March 15, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
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 to relieve counsel is granted and counsel assigned by the Family Court, Kings County, is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before August 6, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and for leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before September 10, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13655
E/nal
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
1998-04254, 1998-04255, 1998-04256, 1998-04257 The People, etc., respondent, v Donnell Davis, appellant. (Ind. Nos. 00855/96, 00891/96, 00915/96, 00015/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on appeals from four judgments of the County Court, Westchester County, all rendered March 31, 1998, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
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 denied.
SANTUCCI, J.P., SCHMIDT, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court