Appellate Division: Second Judicial Department
M13723
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2003-09253 Judy Arias, et al., respondents, v City of New York, appellant, et al., defendants. (Index No. 22660/97)
| 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, Queens County, dated August 5, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 24, 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
M13678
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2004-01142 Edward Arnold, respondent, v CBL Trucking Leasing, Inc., et al., defendants, Gene V. Boyton, et al., appellants. (Index No. 14712/99)
| 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 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M13680
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2004-02636 Walford Barrett, appellant, v David Jeannot, et al., respondents. (Index No. 7777/01)
| 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 9, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M13679
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2003-10270 Tira Branch, et al., respondents, v Waldbaum, Inc., appellant. (Index No. 26971/01)
| 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 October 28, 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
M13725
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2004-00797
James R. Brannigan, et al., appellants, v Board of Education of Levittown Union Free School District, respondent. (Index No. 8107/93)
| 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, Nassau County, dated December 16, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 20, 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
M13676
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2004-02723 Bette A. Dow, et al., appellants, v Vinny's Diagnostic Service Center, Inc., et al., respondents. (Index No. 8017/01)
| 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 February 13, 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
M13729
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2003-07765
Arthur L. Fried, et al., respondents, v David Berry Realty, et al., appellants.
(Index No. 165/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated August 19, 2003.
ORDERED that the application is granted and the reply 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
M13696
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2003-11364 GRP Financial Services Corp., etc., respondent, v Ralph Sanders, appellant. (Index No. 13823/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings 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
M13589
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2003-10054 General Motors Acceptance Corp., respondent, v Grade A Auto Body, Inc., defendant, Amelia S. Cavanaugh, appellant. (Index No. 12093/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 31, 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
M13675
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2003-11461 Rory Houton, et al., appellants, v Alexander Karageorege, etc., et al., respondents. (Index No. 14071/03)
| 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 October 15, 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
M13717
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2003-08982
Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)
| 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 3, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or 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
M13718
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2004-01049
Bruce S. Klutchko, appellant, v Marcy R. Baron, respondent. (Index No. 3586/93)
| 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 December 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or 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
M13685
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2003-11344
Susan Knapp, et al., appellants, v Town of Philipstown Building Inspector, et al., respondents.
(Index No. 803/03)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court issued July 9, 2004, in the above entitled case is amended by deleting from the footer thereof the date "June 9, 2004," and substituting therefor the date "July 9, 2004".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13670
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2004-02620 Rose Krapin, respondent, v William Krapin, appellant. (Index No. 3225/03)
| 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 22, 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
M13722
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2004-00539
Carlos Lizardo, appellant, v Midwest Automation, Inc., et al., respondents. (Index No. 15767/01)
| 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 15, 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
M13693
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2004-04131 David B. Messinger, appellant, v Lori Messinger, respondent. (Index No. 07149/00)
| SCHEDULING ORDER |
Appeal by David B. Messinger from an order of the Supreme Court, Westchester County, dated April 7, 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 is enlarged until September 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13728
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2003-08455
Noble Drew Ali Plaza Tenants Association, respondent, v Noble Drew Ali Plaza Housing Corp., et al., defendants, New Lots Family Transitional Center LLC, et al., defendants- appellants; City of New York, et al., intervenors-appellants. (Index No. 53655/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on an appeal from an order of the Supreme Court, Kings County, dated September 3, 2003.
ORDERED that the application is granted and the appellants' respective reply briefs shall be served and filed on or before July 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13683
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2003-10626 James O'Brien, et al., appellants-respondents, v V.R.H. Construction Corp., defendant third-party plaintiff-respondent, Delta Air Lines, Inc., et al., respondents-appellants, Pem Electric Corp., third-party defendant-respondent. (Index No. 28395/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants-respondents and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Queens County, dated September 22, 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 appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13671
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2004-03167 Courtney L. Peart, appellant, v Peter A. Dory, respondent. (Index No. 346/02)
| 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 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
M13719
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2004-00584
Ronald Roveto, et al., appellants, v VHT Enterprises, Inc., et al., respondents. (Index No. 1310/02)
| 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, Nassau County, dated December 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until July 20, 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
M13686
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2003-10321
Joanne Ruscillo-Steiner, appellant, v City of New York, respondent. (Index No. 16345/99)
| 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 order of the Supreme Court, Queens County, dated October 22, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 16, 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
M13689
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2003-11183
Carlos Santiago, etc., respondent, v Grenadier Realty Corp., et al., appellants. (Index No. 49440/00)
| ORDER ON APPLICATION |
ORDERED that the order on application dated June 23, 2004, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 20, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 13, 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
M13736
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2003-10263 Mary Lou Sowa, respondent, v S.J.N.H. Realty Corp., et al., defendants third-party plaintiffs-respondents-appellants; Procopo, Inc., etc., third-party defendant- appellant-respondent. (Index No. 18063/98)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2003.
ORDERED that the application is granted and the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before August 19, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13672
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2004-01566 Spencer Savings Bank, SLA, appellant, v James Downing, defendant, Barbara Farrell, respondent. (Index No. 2046/02)
| 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 November 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
M13735
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2004-01102
34-35th Corporation, respondent, v 1-10 Industry Associates, LLC, appellant.
(Index No. 17996/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 10, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 26, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13726
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2004-04479, 2004-04481
Galina Tseytlina, appellant, v New York City Transit Authority, respondent. (Index No. 30001/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 28, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 30, 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
M13673
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2003-08538 Spiros Tzanopoulos, appellant-respondent, v Georgia Tzanopoulos, respondent-appellant. (Index No. 1875/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from a judgment of the Supreme Court, Queens County, dated July 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13721
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2003-09144
Daisy Holland Williams, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 50312/00)
| 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 an appeal from an order of the Supreme Court, Kings County, dated August 8, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 13, 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
M13724
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2003-09669 John Wolff, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Index No. 1615/00)
| 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 an appeal from an order of the Supreme Court, Queens County, dated September 26, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 24, 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
M13682
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2004-01412, 2004-01414 World Tech Enterprises, Inc., respondent, v Perry Manno, et al., appellants. (Index No. 8121/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated November 10, 2003, and a judgment of the same court dated December 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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13687
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2004-01593
Harry Zweben, appellant, v Christopher D. Casa, et al., respondents. (Index No. 12117/01)
| 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, Westchester County, dated October 9, 2003. Separate application by the respondents to enlarge the time to serve and file a brief.
ORDERED that the applications are granted and the appellant's time to perfect the appeal is enlarged until July 27, 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 the respondents' time to serve and file a brief is enlarged until September 27, 2004, and the respondents' brief shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13703
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2004-03128, 2004-03130
In the Matter of Susan B. (Anonymous). Nassau County Department of Social Services, respondent; Janina B. (Anonymous), appellant. (Docket No. B-90049/01)
| ORDER TO SHOW CAUSE |
Appeals by Janina B. from two orders of the Family Court, Nassau County, both dated March 10, 2004. By scheduling order dated June 4, 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 appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date 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) if the appellant was indigent and could not 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; or
(5) 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 June 4, 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 4, 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
M13684
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2003-11368 In the Matter of Caporusso Contracting Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 16805/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated December 5, 2003.
Upon the stipulation of the parties, dated June 28, 2004 and June 30, 2004, it is
ORDERED that the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13710
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2004-01794 In the Matter of Elizabeth Eggleton, appellant, v Geraldine Clark, respondent. (Docket Nos. V-16855-03, V-16856-03)
| SCHEDULING ORDER |
Appeal by Elizabeth Eggleton from an order of the Family Court, Suffolk County, dated January 26, 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 serve and file a reply brief on the appeal is enlarged until August 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13459
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2004-05687 In the Matter of Teneshia F. (Anonymous), a/k/a Teneshia J. (Anonymous), a/k/a Baby Girl F. (Anonymous). Administration for Children's Services, et al., respondents; Criscilla F. (Anonymous), appellant. (Docket No. B-24856/01)
| SCHEDULING ORDER |
Appeal by Criscilla F. from an order of the Family Court, Kings County, dated May 12, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M13690
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2003-09591, 2004-02530 In the Matter of Katlynn G. (Anonymous). Suffolk County Department of Social Services, respondent; Jeanette M. B. (Anonymous), appellant. (Docket Nos. B-8431/03, N-1783/03)
| SCHEDULING ORDER |
Appeals by Jeanette M. B. from two orders of the Family Court, Suffolk County, dated September 30, 2003, and February 18, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on May 26, 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 time of the respondent and the law guardian to serve and file a their briefs on the appeals is enlarged until August 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13709
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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)
| SCHEDULING ORDER |
Appeal by Rivka G., by permission, from an order of the Family Court, Kings County, dated June 21, 2004. By decision and order of this court dated July 7, 2004, the following attorney was assigned as counsel on the appeal:
Mark Brandys, Esq.
26 Court - Suite 1215
Brooklyn, New York 11242
718-624-4010
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 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 7, 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
M13691
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2003-11006 In the Matter of Susan B. Huddleston, respondent, v Norman Huddleston, appellant. (Docket No. F-13645/02)
| SCHEDULING ORDER |
Appeal by Norman Huddleston from an order of the Family Court, Westchester County, dated November 7, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 14, 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 September 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13677
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2004-02068 In the Matter of Edward B. Joachim, et al., respondents, v Sheldon Flanzig, et al., appellants. (Index No. 3215/02)
| 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 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
M13449
M/nal
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2004-05637, 2004-05638
In the Matter of Christopher L. (Anonymous). Suffolk County Department of Social Services, et al., respondents; Barbara L. (Anonymous), appellant. (Docket No. N-1951-04)
| SCHEDULING ORDER |
Appeals by Barbara L. from two orders of the Family Court, Suffolk County, dated May 5, 2004, and June 7, 2004, respectively. 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 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 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, 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
M13688
S/sl
|
2004-00810
In the Matter of Fernando L. (Anonymous), appellant; Howard Sovronsky, etc., respondent. (Index No. IC 27447)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated December 16, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 19, 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
M13716
S/sl
|
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 |
Application by the petitioner-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 19, 2004.
ORDERED that the application is granted and the petitioner-respondent's time to serve and file a brief is enlarged until August 11, 2004, and the petitioner-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
M13707
M/nal
|
2004-04867
In the Matter of Alicia Nowlin-Seward, respondent, v Kirk Taylor, appellant. (Docket No. F-13549/02)
| ORDER TO SHOW CAUSE |
Appeal by Kirk Taylor from an order of the Family Court, Westchester County, dated April 22, 2004. By scheduling order dated June 9, 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 June 9, 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 4, 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
M13692
M/nal
|
2003-09799 In the Matter of Katherine Powers, respondent, v James Horner, appellant. (Docket No. V-7050/01)
| SCHEDULING ORDER |
Appeal by James Horner from an order of the Family Court, Queens County, dated October 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 12, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M13708
M/nal
|
2003-09317, 2003-09319
In the Matter of Mahdu S. (Anonymous), appellant, v Taijwatie S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Amitra S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; et al., respondent-respondent. (Proceeding No. 2) In the Matter of Elisa S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; et al., respondent-respondent. (Proceeding No. 3) In the Matter of Vikram S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; et al., respondent-respondent. (Proceeding No. 4) (Docket Nos. V-13560/01, V-13561/01, V-6831/03, N-16139-01, N-16140/01, N-16141/01, O-13301/01)
| SCHEDULING ORDER |
Appeals by Mahdu S. from two orders of the Family Court, Kings County, both dated October 22, 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 August 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13712
E/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
ROBERT A. LIFSON, JJ.
|
2004-05678 In the Matter of Igor Soloninko, respondent, v Nataliya Soloninko, appellant. (Docket No. V-18741-04)
| DECISION & ORDER ON MOTION |
Motion by Nataliya Soloninko for leave to appeal to this court from an order of the Family Court, Kings County, dated June 25, 2004, for leave to prosecute the appeal as a poor person, for the assignment of counsel, to stay enforcement of the order pending the hearing and determination of the appeal, and to allow the subject child to visit the Ukraine for the months of July and August 2004.
Upon the papers filed in support of the motion and the papers filed in relation and opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; 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 stenographers and transcription services 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 Diamond, Esq.
Box 1805
Murray Hill Station
New York, New York 10016
(212) 889-0897
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,
ORDERED that the branches of the motion which are to stay enforcement of the order to the extent it prevented the subject child from visiting the Ukraine, pending hearing and determination of the appeal, and to allow the subject child to visit the Ukraine for the months of July and August 2004 are granted on condition that (1) Nataliya Soloninko allows the child to stay with his paternal grandparents from August 16, 2004, through August 30, 2004, and (2) Nataliya Soloninko not allow the child to be circumcised during the trip to the Ukraine, and the motion is otherwise denied.
ALTMAN, J.P., S. MILLER, TOWNES and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13705
M/nal
|
2004-04646
In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973/03)
| ORDER TO SHOW CAUSE |
Appeal by Brandon W. from an order of the Family Court, Orange County, dated April 27, 2004. By scheduling order dated June 4, 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 June 4, 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 4, 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
M13486
F/
FRED T. SANTUCCI, J.
|
2004-04493
The People, etc., plaintiff, v Donovan Anderson, defendant. (Ind. No. 5839/87)
| 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 March 26, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
Appellate Division: Second Judicial Department
M13499
F/
WILLIAM F. MASTRO, J.
|
2002-11537
The People, etc., plaintiff, v Nicki Christodoulou, defendant. (Ind. No. 1079/94)
| 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 October 31, 2002, 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.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M13489
F/
PETER B. SKELOS, J.
|
2004-03463
The People, etc., plaintiff, v David Holmes, defendant. (Ind. No. 01-00787)
| 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 April 6, 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.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M13497
F/
STEPHEN G. CRANE, J.
|
2004-01752
The People, etc., plaintiff, v Bangola Isles, defendant. (Ind. No. 1840/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 8, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M13491
F/
WILLIAM F. MASTRO, J.
|
2004-00614
The People, etc., plaintiff, v Lavogia Jackson, defendant. (Ind. No. 2804-00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Suffolk County, dated January 8, 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.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M13503
F/
MYRIAM J. ALTMAN, J.
|
2004-03592
The People, etc., plaintiff, v John Maggio, defendant. (Ind. No. 96-01476)
| 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, Westchester County, dated February 11, 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.
MYRIAM J. ALTMAN
Associate Justice
Appellate Division: Second Judicial Department
M13492
F/
WILLIAM F. MASTRO, J.
|
2003-10764
The People, etc., plaintiff, v Carlos Negroni, defendant. (Ind. No. 5113/97)
| 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 October 15, 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.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M13501
F/
MYRIAM J. ALTMAN, J.
|
2004-03723
The People, etc., plaintiff, v Lawrence Palamino, defendant. (Ind. No. 83003)
| 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, Nassau County, dated February 23, 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.
MYRIAM J. ALTMAN
Associate Justice
Appellate Division: Second Judicial Department
M13500
F/
MYRIAM J. ALTMAN, J.
|
2004-02778
The People, etc., plaintiff, v Mark Shervington, defendant. (Ind. No. 2453/86)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 2, 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.
MYRIAM J. ALTMAN
Associate Justice
Appellate Division: Second Judicial Department
M13533
F/
WILLIAM F. MASTRO, J.
|
2004-01842
The People, etc., plaintiff, v Monroe Tindel, defendant. (Ind. No. 610-91)
| 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, Suffolk County, dated January 22, 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.
WILLIAM F. MASTRO
Associate Justice