Appellate Division: Second Judicial Department
M27859
CF/
|
2005-00937 Jeannette Alicea, appellant, v Brian J. Wing, et al., respondents. (Index No. 11321/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
Upon the stipulation of the parties, dated July 12, 2005 and July 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27860
CF/
|
2005-00910 Carlos Alvarado, appellant, v Brian J. Wing, et al., respondents. (Index No. 17386/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
Upon the stipulation of the parties, dated July 12, 2005 and July 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27708
S/sl
|
2004-09370
Rocky Annunziato, etc., et al., respondents, v City of New York, appellant. (Index No. 13634/93)
| 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, Richmond County, dated September 21, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 1, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27812
S/sl
|
2005-02834
Armstrong Trading, Ltd., respondent, v MBM Enterprises, et al., appellants. (Index No. 17990/00)
| 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 January 27, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 25, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27858
CF/
|
2005-00950 Beverly Blair, appellant, v Brian J. Wing, et al., respondents. (Index No. 12290/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
Upon the stipulation of the parties, dated July 12, 2005 and July 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27665
A/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
2003-06220, 2004-04783, 2004-04784, 2004-06484 Pamela Brandes, etc., et al., appellant, v North Shore University Hospital, et al., respondents; North Shore Anesthesia Associates, nonparty-respondent. (Index No. 5965/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to (1) recall and vacate so much of a decision and order on motion of this court dated May 24, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar" as dismissed an appeal from an order of the Supreme Court, Queens County, dated June 18, 2003 (Appellate Division Docket No. 2003-06220), for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal, (2) recall and vacate so much of a decision and order on motion of this court dated December 27, 2004, entitled "In the Matter of the Dismissal of Causes for Failure To Perfect - December 2004 Calendar" as dismissed appeals from two orders of the Supreme Court, Queens County, both dated April 28, 2004 (Appellate Division Docket Nos. 2004-04783 and 2004-04784), for failure to timely perfect, to reinstate the appeals, and to enlarge the time to perfect the appeals, and (3) recall and vacate so much of a decision and order on motion of this court dated February 22, 2005, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - February 2005 Calendar" as dismissed an appeal from an order of the Supreme Court, Queens County, dated June 15, 2004 (Appellate Division Docket No. 2004-06484), for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27814
S/sl
|
2004-08597
City of New York, appellant, v Evanston Insurance Company, respondent.
(Index No. 3383/04)
| 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 August 17, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27502
O/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-06124 Victoria Corona, etc., et al., respondents, v Suffolk Transportation Service, Inc., et al., appellants. (Index No. 14219/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 20, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 19, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 19, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27841
S/sl
|
2005-03216
Gerald Coviello, et al., plaintiffs-respondents, v J. J. Sisca Construction Corporation, et al., defendants-respondents, Lakeview Associates, LLC, appellant (and third-party actions). (Index No. 17236/00)
| ORDER ON APPLICATION |
Application by the defendant-respondent Albany Ladder Company, Inc., s/h/a Albany Ladder, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Westchester County, dated February 18, 2005.
ORDERED that the application is granted and the movant's time to file its brief is enlarged until July 22, 2005, and the movant's brief brief must be filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before August 2, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27847
CF/
|
2005-02495 Marilyn Cummings, appellant, v Nyree Griffith, et al., respondents. (Index No. 19938/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27694
S/sl
|
2005-01276
Eugene Ditaranto, appellant, v Roman Catholic Diocese of Rockville Centre, respondent. (Index No. 12252/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 13, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 24, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27815
S/sl
|
2005-00753
Aloma Douglas, respondent, v Baldwin Douglas, appellant. (Index No. 29622/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27660
T/sl
|
2005-01157 Susan B. Ellman, appellant, v Village of Rhinebeck, respondent, et al., defendants. (Index No. 5443/02)
| 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, Dutchess County, December 23, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 30, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27837
CF/
|
2005-03219 Equicredit Corporation of New York, et al., respondents, v Neville Samuels, appellant. (Index No. 10335/03)
| 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 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27830
CF/
|
2004-09646 Essex Insurance Company, plaintiff-respondent, v Guardyal Singh, et al., appellants, Taylor Homes of Long Island, Inc., defendant- respondent. (Index No. 4664/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 17, 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
M27838
L/
|
2005-01996
Joseph Freehill, respondent, v ITT Sheraton Corporation, defendant, St. James Mechanical, et al., appellants. (Index No. 24232/97)
| 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 January 25, 2005.
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
M27827
CF/
|
2005-01039 Alain Gervais, et al., respondents, v Aston Jones Management Co., Inc., et al., appellants. (Index No. 32952/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 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
M27834
CF/
|
2005-05098 Jose Gutierrez, respondent, v John Lacy, et al., appellants, et al., defendants. (Index No. 5727/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated April 26, 2005.
Upon the stipulation of the parties, dated June 27, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27671
T/sl
|
2005-01116 Hudson Valley Marine, Inc., respondent, v Town of Cortlandt, et al., appellants. (Index No. 6025/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to perfect appeals from an order of the Supreme Court, Westchester County, entered December 21, 2004.
ORDERED that the application is granted and the appellants' time to perfect their appeals is enlarged until September 19, 2005, and the joint record or appendix on the appeals 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
M27852
CF/
|
2005-06113 Ghislaine Joseph, respondent, v Harry Wanamaker, appellant. (Index No. 2350/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 13, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27807
CF/
|
2004-06993 Bujar Kaziu, appellant, v Celluzziele, LLC, et al., respondents. (Index No. 35070/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 30, 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
M27820
L/
|
2005-03869, 2005-03871
Lower Main Street, LLC, respondent, v Thomas Ré & Partners, et al., appellants. (Index No. 13330/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from two orders of the supreme Court, Nassau County, dated March 28, 2005, and March 30, 2005, respectively.
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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27704
S/sl
|
2004-10325, 2004-10326
Malky, Inc., appellant, v Lora Abir, et al., respondents, et al., defendants. (Index No. 6938/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, both dated June 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until September 6, 2005, and the record or appendix on the appeals 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
M27833
CF/
|
2005-04726 Donna A. Marino, et al., appellants, v Dansk International Designs, Ltd., et al., respondents. (Index No. 3845/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 29, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27700
S/sl
|
2004-10217, 2005-02728
Glenn Marr, et al., appellants, v Seventh Day Adventist Church, d/b/a Linden Boulevard Church, respondent. (Index No. 28334/01)
| 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 appeals from two orders of the Supreme Court, Queens County, dated October 21, 2004, and February 18, 2005, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 12, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27675
A/sl
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10861 Anita G. Mazzella, etc., appellant, v Luigi Capobianco, etc., et al., respondents, et al., defendants. (Index No. 13337/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, entered November 17, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and cross application by the respondents to dismiss the appeal on the ground that the appendix and the appellant's brief contain or refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the cross application is denied; and it is further,
ORDERED that on the court's own motion the respondents' time to serve and file a brief on the appeal is enlarged until August 23, 2005, and the respondents' brief must be served and filed on or before that date.
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27849
CF/
|
2005-02668 Walter McMahon, et al., respondents-appellants, v Water Street Leasehold, LLC, et al., respondents, Commercial Union Insurance Company, appellant- respondent (and a third-party action). (Index No. 22701/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent and the respondents-appellants to withdraw an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated January 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and the cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27856
CF/
|
2005-00915 Miledy Medina, appellant, v Brian J. Wing, et al., respondents. (Index No. 10575/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated November 29, 2004.
Upon the stipulation of the parties, dated July 12, 2005 and July 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27729
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-01562 Yehiel Minemar, et al., plaintiff-respondent, v Yuliya Khramova, defendant-respondent, City of New York, defendant third-party plaintiff- appellant; Petrocelli Electric Co., third-party defendant-respondent. (Index No. 29949/03)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 13, 2005, insofar as asserted against it on the ground that so much of the order as determines issues relating to the third-party defendant-respondent was entered on the default of the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal insofar as asserted against the third-party defendant-respondent is dismissed, without costs or disbursements (see Lumberman's Mut. Cas. Co. v Fireman's Fund American Insurance Co., 117 AD2d 588).
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27835
CF/
|
2005-03801 Vincent Moncada, respondent, v Amy Maximov, appellant. (Index No. 15320/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated March 24, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27809
CF/
|
2005-01799 Montes Corporation, respondent, v George Weston Bakeries Distribution, Inc., appellant. (Index No. 20328/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 16, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27826
CF/
|
2005-03803 Doula Nagi-Saleh, et al., respondents, v Richmond County Ambulance Service, Inc., appellant. (Index No. 10739/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated February 22, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27901
L/
|
2005-04140
National Union Insurance Company of Pittsburgh, PA, appellant, v 409 Realty Corp., et al., respondents. (Index No. 9292/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 18, 2005.
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
M27773
R/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE, JJ.
|
2001-11057 Anthony Passalacqua, appellant, v State of New York, respondent. (Claim No. 96084)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, on an appeal from an order of the Court of Claims, dated October 30, 2001, which was dismissed by decision and order on motion of this court dated November 12, 2002, inter alia, to direct the respondent to provide him with certain papers.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, KRAUSMAN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27922
L/
|
2005-03151
Charles Pisano, Jr., respondent, v Christine E. Pisano, appellant. (Index No. 201799/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 4, 2005.
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
M27845
CF/
|
2005-04027 Tammy Purdy, et al., respondents, v General Electric Company, et al., defendants; Westinghouse Electric Company, et al., appellants (and a third-party action). (Index No. 7678/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated February 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27836
CF/
|
2005-00703 Charles Remsen, respondent, v Duane Reade, Inc., appellant. (Index No. 7541/04)
| 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 December 14, 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
M27855
CF/
|
2005-00953 Gena Robalino, appellant, v Brian J. Wing, et al., respondents. (Index No. 01588/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated November 29, 2004.
Upon the stipulation of the parties, dated July 12, 2005 and July 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27903
L/
|
2005-04076
David Sears, et al., respondents, v Paul Toppel, et al., appellants. (Index No. 1024/04)
| 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 March 18, 2005.
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
M27666
T/sl
|
2005-00702 Rose Spira, appellant, v New York City Housing Authority, respondent. (Index No. 39427/93)
| 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, entered May 9, 2001.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 9, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27822
CF/
|
2005-00885 Marie Rosemane St. Fort, et al., appellants, v Raleigh Yates, et al., respondents. (Index No. 18734/00)
| 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 November 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27854
CF/
|
2005-00913 Marisol Tejeda, appellant, v Brian J. Wing, et al., respondents. (Index No. 18589/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated November 8, 2004.
Upon the stipulation of the parties, dated July 12, 2005 and July 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27825
CF/
|
2005-03968 Edwen Thomas, plaintiff-respondent, v Omar H. Ayers, et al., defendants-respondents, Dewann A. Stacks, plaintiff-appellant. (Index No. 1333/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 28, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27727
T/sl
|
2005-00451
Town of Clarkstown, appellant, v M.R.O. Pump & Tank, Inc., et al., respondents. (Index No. 536/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Rockland County, dated December 21, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 5, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27828
CF/
|
2005-05582 Rhonda E. Ugell, appellant, v Scott B. Ugell, respondent. (Index No. 5208/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 18, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27745
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-11120, 2005-04694 Watral & Sons, Inc., respondent, v OC Riverhead 58, LLC, appellant, et al., defendants. (Index No. 12038/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a decision of the Supreme Court, Suffolk County, dated November 18, 2004, and a judgment of the same court entered April 8, 2005, inter alia, to enlarge the time to perfect the appeal from the decision.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27933
L/
|
2005-04185 Weil-McLain Division of Marley-Wylain Company, etc., respondent, v Pardi Mfg., Inc., etc., et al., appellants. (Index No. 20184/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from an order of the Supreme Court, Westchester County, dated March 25, 2005.
Upon the stipulation of the parties, dated June 16, 2005, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27811
CF/
|
2005-04053 Laurie West, appellant, v City of Long Beach, respondent. (Index No. 13376/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 24, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27853
CF/
|
2005-00938 Ebelina Williams, appellant, v Brian J. Wing, et al., respondents. (Index No. 4834/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated November 23, 2004.
Upon the stipulation of the parties, dated July 12, 2005 and July 13, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27823
L/
|
2005-00242
Shannon Noelle Wright, etc., et al., respondents, v Leonard Ade Benedict, appellant. (Index No. 31466/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated December 9, 2004.
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
M27667
T/sl
|
2005-00077 Yin Hung Chan, appellant, v Joanne DeRossi, et al., respondents. (Index No. 20086/02)
| 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, Nassau County, dated October 21, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27629
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-05723
In the Matter of the Adoption of Anonymous. Franklin M. (Anonymous), appellant. (File No. 244/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Surrogate's Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Surrogate's Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Surrogate's Court, Richmond County, dated June 1, 2005, to grant the appellant leave to prosecute the appeal as a poor person, and to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Surrogate's Court 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 upon the appellant on or before August 2, 2005, 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 leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before August 23, 2005, 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.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27746
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-01479 In the Matter of Joseph Brancato, petitioner-respondent, v Zoning Board of Appeals of City of Yonkers, NY, respondent-respondent, Thomas O'Donoghue, et al., appellants.
(Index No. 13428/04)
| DECISION & ORDER ON MOTION |
Motion by Armour Villa Colony, Inc., for leave to file an amicus curiae brief on an appeal from a judgment of the Supreme Court, Westchester County, entered January 21, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied with leave to renew when the appeal is perfected.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M26734
L/
|
2004-11339
In the Matter of Gregory Cavallo, a/k/a Gregory M. Cavallo, deceased. Rebecca Pytosh, appellant; Maria Cavallo, et al., respondents. (File No. 133/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decree of the Surrogate's Court, Richmond County, dated November 23, 2004.
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
M27808
CF/
|
2003-10997 In the Matter of Calvin D. (Anonymous), appellant. (Docket No. D-16215-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings 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
M27816
S/sl
|
2005-02657
In the Matter of James E. Davis, deceased. Kenyean G. Penceal, respondent; Thelma Davis, appellant. (File No. 3134/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Surrogate's Court, Kings County, dated March 18, 2005.
ORDERED that the application is granted, the respondent's time to file a brief is enlarged, and the respondent's brief which was submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before July 29, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27810
S/sl
|
2004-09828
In the Matter of Ted Demirjian, et al., appellants, v Jeffrey Freis, et al., respondents. (Index No. 181/04)
| ORDER ON APPLICATION |
Application by the respondent Annamae Pomer 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, Westchester County, dated September 27, 2004.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until September 26, 2005, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27682
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-03174
In the Matter of Evan F. (Anonymous). Orange County Department of Social Services, respondent; George L.F. (Anonymous), appellant. (Docket No. N-5416-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Orange County, dated February 22, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues 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:
Warren S. Hecht, Esq.
118-21 Queens Blvd.
Forest Hills, New York 11375
(718) 575-8721
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.
H. MILLER, J.P., COZIER, SPOLZINO, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27813
S/sl
|
2004-09096
In the Matter of 504 11th Street Corporation, appellant, v New York State Department of Housing and Community Renewal, et al., respondents. (Index No. 5888/04)
| ORDER ON APPLICATION |
Application by the respondent Vadem Pevzner 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 20, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until August 19, 2005, and the movant'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
M27804
F/
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-04402 In the Matter of Robert Saunders, appellant, v Mary E. Smith, respondent.
(Docket No. P-8153-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 17, 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 opposition 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).
SCHMIDT, J.P., S. MILLER, MASTRO, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27899
L/
|
2005-00021, 2005-00069
In the Matter of Securities & Investment Planning Company, et al., appellants- respondents, v J.P.C. Contracting Company, et al., respondents-appellants. (Index No. 2310/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals and cross appeals from a judgment of the Supreme Court, Nassau County, dated October 29, 2004, and an amended order of the same court dated October 7, 2004.
Upon the stipulation of the parties, dated July 6, 2005, and July 8, 2005, respectively, it is
ORDERED that the appeals and cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27832
M/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-03225
In the Matter of Support Collection Unit-CSET, o/b/o Andrea Burch, respondent, v Patrick Williams, appellant. (Docket No. F-20896-03)
| DECISION & ORDER ON MOTION |
Appeal by Patrick Williams from an order of the Family Court, Kings County, dated March 8, 2005. By order to show cause dated June 20, 2005, the parties or their attorneys were directed to show cause 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 of this court dated May 23, 2005, as amended May 26, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order of this court dated May 23, 2005, as amended May 26, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27821
M/nal
|
2005-03672 In the Matter of Cathleen Tocarz, a/k/a Fenty, respondent- appellant, v Michael Loughlin, appellant-respondent. (Docket No. V-4574-00)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Family Court, Suffolk County, dated April 7, 2005. 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-respondent'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-respondent's brief on the appeal is enlarged until August 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27779
F/
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-03051
In the Matter of Alice Treadwell, respondent, v Keith Treadwell, Sr., appellant. (Docket No. V-3137-95)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Family Court, Suffolk County, entered March 15, 2005, for leave to defend the appeal 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 9, 2005, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal property, as well as any and all sources of income, and (2) all itemized expenses.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27737
E/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-10092 In the Matter of Donald C. Voege, appellant, v Melissa Eggers, etc., et al., respondents. (Index No. 18270/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 16, 2004, for failure to timely perfect the same.
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 dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27831
CF/
|
2005-03764, 2005-03768 In the Matter of John W. (Anonymous). Administration for Children's Services, respondent; Mary W. (Anonymous), appellant. (Docket No. N-5171-99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Queens County, both dated April 15, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27829
M/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-00779, 2005-00817
In the Matter of Linda K. Walsh, respondent, v Louis Cacace, appellant. (Docket No. F-00441-99)
| DECISION & ORDER ON MOTION |
Appeals by Louis Cacace from two orders of the Family Court, Nassau County, both dated December 16, 2004. By order to show cause dated June 6, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated January 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27839
CF/
|
2005-01667 In the Matter of Natalie Warhit, et al., appellants, v City School District of New Rochelle, et al., respondents. (Index No. 13145/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27766
F/
STEVEN W. FISHER, J.
|
2005-04294
The People, etc., plaintiff, v Basilio Berrios, defendant. (Ind. No. 1539/00)
| 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, Kings County, dated March 31, 2005, 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.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M27707
S/sl
|
2005-00731
The People, etc., respondent, v Jemel Goode, appellant. (Ind. No. 379/04)
| 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 sentence of the County Court, Rockland County, imposed January 18, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 3, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27389
F/
THOMAS A. ADAMS, J.
|
2005-05126
The People, etc., plaintiff, v Jacob McLaurin, defendant. (Ind. No. 7712/03)
| 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 January 18, 2005, 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.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M27895
L/
|
2001-08717
The People, etc., respondent, v Cordell Morrison, appellant. (Ind. No. 2955/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Suffolk County, rendered March 20, 2001.
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
M27842
S/sl
|
2003-07357
The People, etc., respondent, v Eric Schrader, appellant.
(Ind. No. 02-00950)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Orange County, rendered August 6, 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
M27673
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
1997-04437 The People, etc., respondent, v Renaldo Simmons, appellant.
(Ind. No. 13873/96)
| DECISION & ORDER ON MOTION Motion Pro Se to Relieve of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 7, 1997, to strike the brief filed by assigned counsel, and for leave to prosecute the appeal pro se.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant is granted leave to serve and file a supplemental pro se brief; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
01 A 4181
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division: Second Judicial Department
M27604
A/sl
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05961 The People, etc., respondent, v James Swalo, appellant.
(Ind. No. 1084/03)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 13, 2004, and for the assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion the appellant is granted leave to serve and file a supplemental brief; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27716
E/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
1999-11704 The People, etc., respondent, v Robert Nicholas Venezia, appellant. (Ind. No. 2038/98)
| DECISION & ORDER |
Motion by the appellant for leave to reargue an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 1999, which was determined by decision and order of this court dated September 27, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court