Appellate Division: Second Judicial Department
M13937
A/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-05730 Kathleen Arzt, appellant, v Thomas Arzt, respondent. (Index No. 17620/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13925
Y/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2003-04858 Bank One, etc., respondent, v Seretta Cummaro, et al., appellants. (Index No. 2944/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar", dated May 24, 2004, as dismissed an appeal from an order of the Supreme Court, Orange County, dated March 21, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal. Cross application by the respondent for an award of costs.
Upon the papers filed in support of the motion and cross application and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross application is denied, without prejudice to making a motion for the same relief (see CPLR 8022).
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13928
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2004-02655
Michael Anthony Camporeale, respondent, v Catherine Brennan, appellant. (Index No. 912/02)
| 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 January 15, 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 DepartmentM13939
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-05061
Citimortgage, Inc., etc., respondent, v Elias Defairia, appellant.
(Index No. 10854/01)
| DECISION & ORDER ON MOTION |
By order of this court dated March 16, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Kings County, dated May 12, 2003, on or before April 15, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13965
O/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-04614 Citimortgage, Inc., f/k/a Citicorp Mortgage, Inc., plaintiff-respondent, v Amy Giordano, defendant-respondent, Nassau Asset Capital, LLC, non-party appellant. (Index No. 5482/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated April 12, 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.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13856
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2004-03647
Anthony Clary, et al., appellants, v Luz Mejia, respondent. (Index No. 25848/00)
| 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 February 24, 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
M13861
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2004-02990
County of Nassau, respondent-appellant, v One 1993 Ford Pickup Bearing VIN #1FTEX14N9KB73138, et al., defendants, Andrew J. Campanelli, appellant-respondent. (Index No.9951/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellant-respondent and respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 4, 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 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
M13902
S/sl
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2004-01036
Gerald Coviello, et al., plaintiffs-appellants, v J. J. Sisca Construction Corp., et al., defendants, Albany Ladder Company, Inc., et al., defendants third-party plaintiffs-appellants; Lakeview Associates, Ltd., defendant third-party defendant-respondent. (Index No. 17236/00)
| ORDER ON APPLICATION |
Application by the plaintiffs-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, dated January 20, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until October 29, 2004, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13953
A/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-05647 Doris Davis, respondent, v Leonard Davis, appellant.
(Index No. 201576/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from a transcript decision of the Supreme Court, Nassau County, dated May 18, 2004, and to stay enforcement of the decision 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 on the court's own motion, the appeal taken as of right is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the branch of the motion which is for leave to appeal to this court is denied as no appeal lies from a transcript either by right or by permission (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the motion is otherwise denied.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM13950
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-07365
Adam Deja, etc., et al., appellants, v Geraldine Ortiz, et al., respondents.
(Index No. 3934/03)
| DECISION & ORDER ON MOTION |
By order of this court dated April 26, 2004, the appellants were directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 2, 2003, on or before May 20, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13863
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2004-03286
Jean Denis, appellant, v U.S. Transportation Systems, Inc., d/b/a Prosperity Tours, et al., respondents. (Index No. 1638/98)
| 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 17, 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
M13802
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2004-01753
Edith DiCarmine, plaintiff-respondent, v International Asset Recovery, defendant- respondent, et al., defendant, Vincent Conciatori, defendant-appellant. (Index No. 2079/01)
| 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 January 20, 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
M13931
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2004-00897
Alladin Elgayer, appellant, v Jan M. Arnett, etc., et al., respondents. (Index No. 24449/02)
| 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 5, 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
M13864
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2004-00903
Yenny Fernandez, respondent, v Andrea Car Service, Inc., et al., appellants, et al., defendant. (Index No. 26013/01)
| 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 November 12, 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
M13865
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2004-04398
Yenny Fernandez, respondent, v Andrea Car Service, Inc., et al., appellants, et al., defendant. (Index No. 26013/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 22, 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
M13915
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2004-03621
Alisia Kelley Franklyn, et al., respondents, v APCOA Standard Parking, Inc., appellant (and a third-party action). (Index No.19382/01)
| 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 April 5, 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
M13940
J/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-01168
Kleber Garcia, plaintiff, Richard Perez, et al., respondents, v Bibi N. Mangaru, et al., appellants. (Index No. 32570/01)
| DECISION & ORDER ON MOTION |
Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Queens County, dated December 16, 2003.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appeal by appellant Danny Perez is dismissed, without costs or disbursements (see Katz v Katz, 68 AD2d 536); and it is further,
ORDERED that the application by appellant Danny Perez is denied as academic; and it is further,
ORDERED that the application by appellants Bibi N. Magaru and Nooruldeen Mohamed is granted, and the appellants' time to perfect the appeal is enlarged until September 28, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13918
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2004-01909
James A. Geer, appellant, v Minolta Business Systems, Inc., respondent. (Index No. 1776/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated January 28, 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 DepartmentM13945
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-08608
Thomas J. Gillen, plaintiff-respondent, v Nazmoon Reynolds, et al., defendants, Marilyn Lewis, appellant, Alex Afxentiou, et al., defendants-respondents.
(Index No. 5893/02)
| DECISION & ORDER ON MOTION |
By order of this court dated March 15, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 21, 2003, on or before May 18, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13799
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2004-01657
Frederick Goldberg, respondent, v New York Central Mutual Fire Insurance Company, appellant. (Index No. 16299/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 2, 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 DepartmentM13943
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-07148
Brigitte Gulliver, respondent, v Michael D. Diederich, Jr., appellant.
(Index No. 8427/02)
| DECISION & ORDER ON MOTION |
By order of this court dated February 18, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Westchester County, dated June 27, 2003, on or before May 10, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM13944
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-08313
Kevin Holt, et al., appellants, v Playtogs Factory Outlet, Inc., et al., respondents, Bergin Group, et al., defendants.
(Index No. 8366/01)
| DECISION & ORDER ON MOTION |
By order of this court dated March 12, 2004, the appellants were directed to perfect an appeal from an order of the Supreme Court, Orange County, dated August 18, 2003, on or before May 10, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13860
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2004-03151
Nicola Intranova, et al., appellants, v Paverini Construction Co., et al., respondents. (Index No. 26413/01)
| 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 February 18, 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 DepartmentM13938
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-09410
Diane C. Koeth, appellant, v Robert Koeth, respondent.
(Index No. 3790/96)
| DECISION & ORDER ON MOTION |
By order of this court dated February 9, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 18, 2002, on or before April 8, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13917
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2004-05336
Claude LaFlamme, appellant, v Susan M. Arth, et al., respondents. (Index No. 17376/01)
| 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 11, 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
M13801
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2004-03201
Shimon Israel Leifer, appellant, v 21 Lizensk Corporation, et al., respondents. (Index No. 3099/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated March 2, 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 DepartmentM13946
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-09023
Ayana Logan, etc., respondent, v Edward Condon, P.C., etc., et al., defendants, Gerald Deas, etc., appellant.
(Index No. 8388/95)
| DECISION & ORDER ON MOTION |
By order of this court dated March 30, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated August 13, 2003, on or before May 25, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13913
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2003-06903 James Lyons, et al., appellants, v Lynn Lyons, respondent. (Index No. 5684/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 11, 2003.
Upon the stipulation of the attorneys for the respective parties, dated July 1, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13800
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2004-02268
Shahjehan Majeed, et al., respondents, v Wal-Mart Stores, Inc., appellant. (Index No. 21430/01)
| 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 February 17, 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
M13859
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2004-02939
Lenore Marchese, et al., respondents, v Michelle Matteo, et al., appellants. (Index No. 12659/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Michelle Matteo, to withdraw an appeal from an order of the Supreme Court, Richmond County, dated February 11, 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 by Michelle Matteo, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13866
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2004-01563
Elizabeth Margrabe, et al., respondents- appellants, v Anthony J. Rusciano, et al., appellants-respondents. (Index No. 10032/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants-respondents and respondents-appellants to withdraw their appeal and cross appeals from an order of the Supreme Court, Westchester County, dated January 26, 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 applications are granted and the appeal and cross appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13867
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2004-03915
Elizabeth Margrabe, appellant, v Anthony J. Rusciano, et al., respondents. (Index No. 10032/01)
| 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 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
M13868
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2004-03916
Elizabeth Margrabe, appellant, v Anthony J. Rusciano, et al., respondents. (Index No. 10032/01)
| 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 March 22, 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
M13862
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2004-00985
Marie Polito, et al., appellants, v Christine Kemmett, respondent. (Index No. 740/03)
| 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 December 15, 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 DepartmentM13942
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-05409
S.K. Mortgage Holdings Limited Partnership, respondent, v Vincent Subirats, et al., appellants, et al., defendants.
(Index No. 19238/01)
| DECISION & ORDER ON MOTION |
By order of this court dated January 13, 2004, the appellants were directed to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 6, 2003, on or before March 22, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellants failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM13952
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2003-07696
Alba Sanchez, appellant, v City of New York, et al., respondents.
(Index No. 18993/99)
| DECISION & ORDER ON MOTION |
By order of this court dated April 20, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated July 21, 2003, on or before May 24, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13914
L/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-08768, 2004-00691 David B. Schwartz, respondent, v Jennifer Cunningham, et al., appellants. (Index No. 15805/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from an order of the Supreme Court, Westchester County, entered August 7, 2003, and an order of the same court dated December 9, 2003, respectively.
Upon the stipulation of the attorneys for the respective parties, dated July 7, 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
RITTER, J.P., GOLDSTEIN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial DepartmentM13955
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-06192
Lakhi Shroff, respondent, v Astoria Federal Savings & Loan Association, et al., defendants, Amba Sharma, appellant. (Index No. 26103/93)
| DECISION & ORDER ON MOTION |
By order of this court dated March 15, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated June 13, 2003, on or before April 12, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13804
L/
|
2004-00731
William L. Storms, et al., plaintiffs- respondents, v David Brody, etc., et al., defendants-respondents; Bon Secours Community Hospital, appellant. (Index No. 8665/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated December 12, 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
M13948
S/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-00700 Town of Mount Pleasant, appellant, v Legion of Christ, Inc., respondent. (Index No. 14097/97)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decision of the Supreme Court, Westchester County, dated December 16, 2003.
Upon the papers filed in support of the application and upon the stipulation of the parties, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application is denied as academic.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13895
O/sl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
SONDRA MILLER
STEVEN W. FISHER, JJ.
|
2003-03893 Anka Trzepacz, a/k/a Anka Lisowski, respondent, v Nelson Jara, appellant. (Index No. 25244/01)
| 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 an appeal from an order of the Supreme Court, Kings County, dated March 12, 2003.
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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
RITTER, J.P., ALTMAN, S. MILLER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13916
L/
|
2004-04158
Jean Vetrano, et al., appellants-respondents, v East End Commons Associates, LLC, et al., respondents-appellants; Kings Park Contracting, Inc., respondent. (Index No. 26875/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 12, 2004.
Upon the stipulation of the parties, dated July 19, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13933
L/
|
2004-02697
James Volpe, et al., respondents, v Garden City Union Free School District, appellant. (Index No. 6173/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 25, 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
M13919
L/
|
2004-02977
David Weinstein, appellant, v Lynn Weinstein, respondent. (Index No. 7109/03)
| 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 3, 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 DepartmentM13951
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-08153
Wells Fargo Bank Minnesota, etc., respondent, v Marilyn Lewis, etc., et al., defendants, Greenpoint Bank, appellant.
(Index No. 4728/02)
| DECISION & ORDER ON MOTION |
By order of this court dated March 3, 2004, the appellant was directed to perfect an appeal from an order of the Supreme Court, Queens County, dated July 21, 2003, on or before May 7, 2004. More than 30 days have elapsed since that date and the appeal has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the appellant failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the appeal is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13926
L/
|
2004-03229
Scott J. Weston, respondent, v Port Authority of New York and New Jersey, et al., appellants. (Index No. 12552/02)
| 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 March 30, 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
M13857
L/
|
2004-04000
Wurman Birnbaum & Maday, PLLC, respondent, v Hertzel Moezinia, appellant. (Index No. 10256/01)
| 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 31, 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
M13941
S/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-09692 In the Matter of Kathryn B. (Anonymous). Rockland County Department of Social Services, respondent; Stacey Haskel, etc., appellant, v Daniel Murphy, appellant. (Docket No. B-1164/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to perfect an appeal from an order of the Family Court, Rockland County, dated October 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and 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 his brief on the appeal is enlarged until August 23, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13969
Y/nal
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-11465
In the Matter of Suzie Blackstock, respondent, v Ryan Foster, appellant. (Docket No. F-01916/03)
| DECISION & ORDER ON MOTION |
Appeal by Ryan Foster from an order of the Family Court, Kings County, dated October 14, 2003. By order to show cause dated June 10, 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 January 9, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 9, 2004 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13936
Y/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-05185 In the Matter of Yolanda Bracero, appellant, v Gobin Khemraj, respondent. (Docket No. O-07672/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Queens County, dated June 7, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13893
M/nal
|
2003-01739, 2003-01742 In the Matter of Sandra C. Fischer-Holland, appellant, v Harold B. Walker, respondent. (Docket No. V-1149/01)
| SCHEDULING ORDER |
Appeals by Sandra C. Fischer-Holland from two orders of the Family Court, Rockland County, dated January 14, 2003, and February 4, 2003, respectively. 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 appeals is enlarged until August 2, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13753
R/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-04556 In the Matter of Starcy G. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; James G. (Anonymous), appellant; Joy-Ann G. (Anonymous), respondent.
(Docket Nos. N-8564-02, N-8565-02)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent to enlarge the time to serve and file a brief on an appeal from an order of the Family Court, Suffolk County, entered April 17, 2003, and to enlarge the record on appeal to include an order and an amended decision of the same court entered September 26, 2003, and June 11, 2004, respectively, annexed to the motion papers as Exhibits B and C, 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 it is further,
ORDERED that on or before August 16, 2004, the petitioner-respondent shall serve and file an appendix containing the order and amended decision, annexed to the motion papers as Exhibits B and C; and it is further,
ORDERED that the petitioner-respondent's time to serve and file a brief, is enlarged until August 16, 2004, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that on the court's own motion, the Law Guardian's time to serve and file her brief is enlarged until August 16, 2004, and the Law Guardian'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
M13803
L/
|
2004-01758
In the Matter of Jane O'Brien, respondent, v Westchester County Health Care Corp., et al., appellants. (Index No. 18225/03)
| 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 29, 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 DepartmentM13947
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-11455
In the Matter of Alexander Schettino, petitioner, v Thomas Murphy, etc., et al., respondents. (Index No. 6111/03)
| DECISION & ORDER ON MOTION |
By order of this court dated April 7, 2004, the petitioner was directed to perfect a proceeding from an order of the Supreme Court, Westchester County, entered November 26, 2003, on or before May 24, 2004. More than 30 days have elapsed since that date and the proceeding has not been perfected. The title of the matter appeared on a dismissal calendar published in the New York Law Journal, and the petitioner failed to make an application to cure the default within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h), it is
ORDERED that the proceeding is dismissed.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13888
M/nal
|
2004-05678 In the Matter of Igor Soloninko, respondent, v Nataliya Soloninko, appellant. (Docket No. V-18741-04)
| SCHEDULING ORDER |
Appeal by Nataliya Soloninko from an order of the Family Court, Kings County, dated June 25, 2004. By decision and order of this court dated July 13, 2004, the following attorney was assigned as counsel on the appeal:
Mark Diamond, Esq.
Box 1805
Murray Hill Station
New York, New York 10016
(212) 889-0897
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated July 13, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M13777
M/nal
|
2004-04858 In the Matter of Jabari W. (Anonymous), appellant. (Docket No. D-20202/03)
| SCHEDULING ORDER |
Appeal by Jabari W. from an order of the Family Court, Queens County, dated January 28, 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 in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M13830
F/
BARRY A. COZIER, J.
|
2004-04097
The People, etc., plaintiff, v Darrell Clark, defendant. (Ind. No. 1041/00)
| 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, Queens 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.
BARRY A. COZIER
Associate Justice
Appellate Division : Second Judicial DepartmentM13906
M/nl
STEVEN W. FISHER, J.
|
2004-05381 The People, etc., respondent Yvette Dowling, appellant. (Ind. No. 1841/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County , rendered June 4, 2004, and to release the appellant on her own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and upon hearing the attorneys for the respective parties, it is
ORDERED that the motion is granted, execution of the judgement is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $5000, or by depositing the same sum as a cash bail alternative; and it is further,
ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to begin the execution of sentence; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M13255
F/
ANITA R. FLORIO, J.
|
2003-10025
The People, etc., plaintiff, v Jerry Gloster, defendant. (Ind. No. 3849/81)
| 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 1, 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.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M13256
F/
ANITA R. FLORIO, J.
|
2003-10672
The People, etc., plaintiff, v Willie Jackson, defendant. (Ind. No. 1581/02)
| 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 September 2, 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.
ANITA R. FLORIO
Associate Justice
Appellate Division: Second Judicial Department
M13828
F/
BARRY A. COZIER, J.
|
2004-02505
The People, etc., plaintiff, v DeTroy Livingston, defendant. (Ind. No. 3521/86)
| 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, Kings County, dated January 29, 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.
BARRY A. COZIER
Associate Justice
Appellate Division: Second Judicial Department
M13954
O/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-08039 The People, etc., respondent, v Alfredo Rodriguez, appellant. (Ind. No. 0668/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 2003, to continue a stay of execution of said judgment which was granted by decision and order on motion, dated December 12, 2003, pending determination of the appeal to this court.
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 the stay of execution of the judgment granted by decision and order on motion of this court dated December 12, 2003, is continued pending hearing and determination of the appeal, on the same bail conditions set forth in this court's decision and order on motion dated December 12, 2003, and on condition that the appeal is perfected on or before July 30, 2004; and it is further,
ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before July 30, 2004; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court for execution of sentence.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13829
F/
BARRY A. COZIER, J.
|
2004-02351
The People, etc., plaintiff, v Nicholas Zimmerman, defendant. (Ind. No. 3296/98)
| 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 1, 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.
BARRY A. COZIER
Associate Justice