Appellate Division: Second Judicial Department

M13824

J/sl

2003-10174 Allen Baker, respondent, v Ellen Marshall, appellant. (Index No. 15519/02)

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, Westchester County, dated November 3, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 22, 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

M13811

A/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2002-11494, 2003-05756, 2003-09196 Bank of New York, etc., respondent, v Richard J. Castaldo, et al., appellants. (Index No. 5925/99)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on appeals from three orders of the Supreme Court, Orange County, dated November 19, 2002, May 29, 2003, and August 21, 2003, respectively, to waive the requirements of 22 NYCRR 670.102(f) regarding certification of the supplemental appendix on the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted.

SMITH, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13825

J/sl

2003-10334 Maria Beatriz Bedoya, et al., appellants, v St. Johns Queens Hospital, etc., et al., respondents. (Index No. 10126/99)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 25, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 19, 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

M13805

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-05555 Anthony Bono, et al., plaintiffs, v City of New York, defendant. (Index No. 6082/95)

DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division

Motion by the plaintiffs for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated December 22, 2003, which affirmed an order of the Civil Court of the City of New York, Kings County, dated December 29, 2000.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13826

J/sl

2003-10242 Chion Enterprises of Dix Hills, Inc., respondent, v Henrijean, S.A., et al., defendants, Wells Fargo Alarm Services, etc., appellant. (Index No. 17484/97)

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, Suffolk County, dated September 29, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 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

M13819

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-05570 Gail Marie Clemens, respondent, v Todd A. Clemens, appellant. (Index No. 10318/93)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a decision of the Supreme Court, Westchester County, dated June 9, 2004, pending hearing and determination of an appeal therefrom.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an unsigned transcript of an oral decision (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion is denied as academic.

ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13839

S/sl

2003-10559 F&J Continental Food Corp., appellant, v C.M.C. Company, et al., respondents. (Index No. 10384/01)

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, Westchester County, dated October 27, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 13, 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

M13840

S/sl

2003-11309 Fiber Consultants, Inc., respondent, v Fiber Optek Interconnect Corporation, et al., appellants. (Index No. 2697/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated December 9, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 18, 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

M13827

J/sl

2004-01376 Thomas Gannon, respondent, v All Car Movers Ltd., et al., defendants, Abbey Island Park, Inc., appellant. (Index No. 16889/00)

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, Nassau County, entered January 14, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 30, 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

M13806

O/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-05229, 2004-05230 William R. Goddard, respondent, v Carlhins Valmond, defendant, Jean Gervais, appellant. (Index No. 31777/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated March 10, 2004, and June 7, 2004, respectively.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay the trial in the above-entitled action is granted and the trial is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before August 16, 2004; and it is further,

ORDERED that in the event the appeals are not perfected on or before August 16, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13823

R/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2003-10799, 2004-04840 Howard Levy, respondent, v Heni Levy, appellant. (Index No. 10849/90)

DECISION & ORDER ON MOTION

Motion by Galasso Langione & Botter, LLP, the attorneys for the respondent, for leave to withdraw as counsel on appeals from two orders of the Supreme Court, Queens County, dated May 12, 2003 and September 12, 2003, respectively.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and Galasso Langione & Botter, LLP, is relieved from representing the respondent with respect to the instant appeal; and it is further,

ORDERED that on or before August 4, 2004, Galasso Langione & Botter, LLP, is directed to serve its client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,

ORDERED that no further proceedings shall be taken against the respondent, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,

 ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until September 8, 2004, and the respondent's brief must be served and filed on or before that date.

ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13821

J/sl

2003-07484 Paul Palmieri, et al., appellants, v William T. Higgins, respondent. (Index No. 13727/01)

ORDER ON APPLICATION

Application by the appellants 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, Suffolk County, dated July 14, 2003.

ORDERED that the application is granted and the reply brief shall be served and filed on or before July 23, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13841

S/sl

2003-10772 Ralph Roseff, appellant, v Northern Westchester Hospital Center, et al., respondents. (Index No. 16855/00)

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, Westchester County, dated October 28, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 18, 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

M13838

S/sl

2003-10507 In the Matter of Greater New York Savings Bank, appellant, v Commissioner of Finance, et al., respondents. (Index No. 34710/97)

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 a judgment of the Supreme Court, Kings County, dated September 30, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 6, 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

M13818

A/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-03576 In the Matter of Amy Sarmuksnis, appellant, v Kevin Priest, respondent. (Docket No. O-2626/02)

DECISION & ORDER ON MOTION

Appeal by Amy Sarmuksnis from an order of the Family Court, Queens County, dated March 31, 2004. By order to show cause dated June 15, 2004, 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).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied; and it is further,

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated May 7, 2004, is amended to provide 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 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until September 8, 2004.

ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13842

S/sl

2004-02031 In the Matter of Sprint Recycling, Inc., petitioner, v Raymond Martinez, respondent. (Index No. 29031/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated November 7, 2003.

ORDERED that the application is granted and the respondent's time to file a brief is enlarged until July 19, 2004, and the respondent's brief must be filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13775

F/

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2004-04638 In the Matter of Suffolk County Department of Social Services, respondent, v Maria Conley, appellant. (Docket No. F-2209-01)

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, dated April 26, 2004, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13820

R/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2003-09347 The People, etc., respondent, v Robert Pryor, appellant. (Ind. No. 1411/03)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered July 23, 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 it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until August 18, 2004, and the respondent's brief must be served and filed on or before that date.

ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M13822

R/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

SANDRA L. TOWNES

STEVEN W. FISHER, JJ.

2003-10256 The People, etc., respondent, v Kim Ragland, appellant. (Index No. 132/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for a preference in the calendaring of an appeal from a judgment of the County Court, Rockland County, rendered April 1, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court