Appellate Division: Second Judicial Department
M13985
M/nal
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2004-04844
Lorraine Bracco, respondent, v Harvey Keitel, appellant. (Index No. 1938/93)
| ORDER TO SHOW CAUSE |
Appeal by Harvey Keitel from an order of the Supreme Court, Rockland County, dated April 23, 2004. By scheduling order dated June 9, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 9, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 11, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13956
S/nal
|
2004-01058
Richard Dubi, etc., et al., appellants, v Jericho Fire District, et al., respondents. (Index No. 01-13610)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 5, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 21, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14037
M/nal
|
2004-02327
Niveen Hanna, respondent, v Magdy Hanna, appellant. (Index No. 5541/01)
| ORDER TO SHOW CAUSE |
Appeal by Magdy Hanna from a judgment of the Supreme Court, Richmond County, dated December 11, 2003. By decision and order of this court dated June 3, 2004 the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. By scheduling order dated June 10, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 11, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13959
O/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04270 Hartford Fire Insurance Company, et al., respondents, v Honeywell, Inc., d/b/a Honeywell Protection Services, appellant. (Index No. 26192/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 February 20, 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
M13979
Y/sl
DAVID S. RITTER, J.P.
SANDRA L. TOWNES
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2002-08778, 2002-08779, 2002-08780, 2003-04103 Carrie Iannaccone, respondent-appellant, v 21st Century Open MRI, P.C., et al., appellants-respondents. (Index No. 5985/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent for leave to reargue appeals and cross appeals from a judgment of the Supreme Court, Rockland County, dated August 14, 2002, a first amended judgment of the same court entered August 22, 2002, and two orders of the same court, entered September 3, 2002, and dated April 7, 2003, respectively, which were determined by decision and order of this court dated June 1, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and to vacate a second amended judgment of the same court dated June 14, 2004. Cross motion by the respondent-appellant to modify the decision and order of this court dated June 1, 2004.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the second amended judgment is denied without prejudice to seeking relief in the Supreme Court, Rockland County; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13984
PL/sl
|
2003-10349
NYCTL 1998-1 Trust, et al., appellants, v PROL Properties Corporation, et al., respondents. (Index No. 11950/99)
| 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 October 20, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 4, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13973
M/nal
|
2004-04306 Howard Nash, appellant, v Elizabeth Yablon-Nash, respondent. (Index No. 44784/03)
| SCHEDULING ORDER |
Appeal by Howard Nash from an order of the Supreme Court, Kings County, dated April 23, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 16, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14050
O/sl
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-03991 Nicholas C. Penninipede, respondent, v Ann Penninipede, appellant. (Index No. 200809/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, dated March 31, 2004, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for a preference in the calendaring 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 for leave to prosecute the appeal on the original papers is denied, with leave to renew upon proper papers, including proof of how the appellant spent a recent disbursement of surplus money from the foreclosure of the marital residence in the sum of $17,200; 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 Department
M13962
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2003-10568 Pepsico, Inc., et al., respondents-appellants, v Winterthur International America Insurance Company, appellant-respondent, et al., defendant. (Index No. 17053/01)
| DECISION & ORDER ON MOTION |
Motion by Joseph W. Montgomery III, an attorney in good standing in the State of Pennsylvania, to be admitted pro hac vice to represent the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered October 29, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14075
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ROBERT W. SCHMIDT, JJ.
|
2002-05784
Eversley Prescott, et al., respondents, v Kramer Chemicals, Inc., defendant third-party plaintiff-appellant; United Resin Corporation, third-party defendant-appellant. (Index No. 29647/85)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from an order of the Supreme Court, Kings County, dated April 12, 2002, for leave to reargue the appellants' prior motions, inter alia, to strike the respondents' second replacement brief on the ground that it contained or referred to matter dehors the record, to preclude the respondents from serving and filing a third replacement brief, for an award of costs, and to enlarge the time to serve and file their respective reply briefs, which were determined by decision and order on motion of this court dated May 13, 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, with $100 costs.
PRUDENTI, P.J., RITTER, SANTUCCI and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14057
S/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2003-10638 Deonarine Ramnarain, respondent, v Chandradat Ramnarain, appellant, et al., defendants. (Index No. 24620/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to reargue her prior motion for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated January 13, 2004, which was determined by decision and order of this court dated May 10, 2004, which motion was determined by decision and order on motion of this court dated June 17, 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, with $100 costs.
SMITH, J.P., LUCIANO, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13958
S/sl
|
2004-00893
Sears Mortgage Corporation, respondent, v Shahrokh R. Yaghobi, appellant, et al., defendants. (Index No. 7919/91)
| 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 and judgment (one paper) of the Supreme Court, Queens County, dated November 18, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 15, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13957
S/nal
|
2004-00711
Scott Wade, appellant, v First Union National Bank, respondent. (Index No. 17264/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 20, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13929
M/nal
|
2003-10476 In the Matter of Gabriel A. (Anonymous), appellant. (Docket No. D-8685/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated November 13, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14041
M/nal
|
2004-02248 In the Matter of Susan Baltrus, respondent, v Matt Baltrus, appellant. (Docket No. F-16962-02)
| SCHEDULING ORDER |
Appeal by Matt Baltrus from an order of the Family Court, Nassau County, dated February 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 2, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until August 26, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14004
M/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-10441 In the Matter of Joseph Bruno, appellant, v Lorraine Kerr, respondent, Mary Ann Daly, respondent-respondent. (Docket Nos. G-03730/03, G-03731/03, G-03732/03)
| SCHEDULING ORDER |
Appeal by Joseph Bruno from an order of the Family Court, Dutchess County, dated October 31, 2003. The appellant's brief was filed in the office of the Clerk of this court on April 22, 2004. The respondent's brief was served and filed on June 14, 2004. By order dated June 21, 2004, the law guardian was previously given an enlargement of time until July 9, 2004 to submit a brief on the appeal. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until August 9, 2004; and it is further,
ORDERED that no further enlargement 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
M14051
M/nal
|
2003-07529
In the Matter of Jean C. (Anonymous), appellant. (Docket No. D-09486-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated July 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 2, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed on or before August 20, 2004.
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
M14043
M/nal
|
2003-10183
In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent. (Docket No. F-1244/01)
| SCHEDULING ORDER |
Appeal by Theresa Cancilla from an order of the Family Court, Nassau County, dated October 8, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 31, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13983
M/nal
|
2004-03962, 2004-03963
In the Matter of Deborah Cunningham, appellant, v George Fillie Faboe, respondent. (Docket No. F-06106-02)
| ORDER TO SHOW CAUSE |
Appeals by Deborah Cunningham from two orders of the Family Court, Kings County, dated March 24, 2004, and April 22, 2004, respectively. By scheduling order dated May 19, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there were such minutes, an affidavit or affirmation that the transcripts were received, and indicating the date received; or
(3) if the transcripts were not received, an affidavit or affirmation stating that they were ordered and paid for, the date thereof and the date by which the transcripts were expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the scheduling order dated May 19, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 11, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13781
M/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-11199 In the Matter of Aniyah F. (Anonymous). Administration for Children's Services, appellant; Monica F. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Alice F. (Anonymous). Administration for Children's Services, appellant; Monica F. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Olivia F.-G. (Anonymous). Administration for Children's Services, appellant; Monica F. (Anonymous), et al., respondents. (Proceeding No. 3) (Docket Nos. N-9448/02, N-9449/02, 9450/02)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Queens County, dated December 17, 2003. The appellant's brief was filed in the office of the Clerk of this court on May 24, 2004. The brief of the respondent Lauryne F. was filed on June 14, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondents Monica F. And Orasha G. and the law guardian to serve and file their respective briefs on the appeal is enlarged until September 3, 2004; and it is further,
ORDERED that no further enlargements of time will be granted.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13967
M/nal
|
2004-04433, 2004-04434 In the Matter of Anthony G. (Anonymous). St Christopher Ottilie, et al., respondents; Anna M. (Anonymous), appellant. (Docket Nos. B-1880/02, G-11438/04, N 1041/00, V-11441/04, V-11442/04)
| SCHEDULING ORDER |
Appeals by Anna M. from two orders of the Family Court, Kings County, dated April 7, 2004, and May 17, 2004, respectively. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 10, 2004, in the above-entitled proceeding is amended to provide that the appellant's time to comply therewith is enlarged until September 10, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13964
M/nal
|
2004-01193 In the Matter of Canvas H. (Anonymous), appellant. (Docket No. D-18185/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated February 5, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13934
M/nal
|
2003-07932, 2003-09520
In the Matter of Walter K. (Anonymous). Administration for Children's Services, respondent; Francine S. (Anonymous), appellant. (Docket No. N-2440-02)
| SCHEDULING ORDER |
Appeals by Francine S. from two orders of the Family Court, Richmond County, dated August 27, 2003, and October 17, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on July 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M13981
M/nal
|
2004-04756
In the Matter of Bertha Y. Marti, appellant, v Pedro M. Marti, respondent. (Docket No. F-5958/02)
| ORDER TO SHOW CAUSE |
Appeal by Bertha Y. Marti from an order of the Family Court, Queens County, dated April 23, 2004. By scheduling order dated June 9, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 9, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 11, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13960
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-03276 In the Matter of Thomas McCormick, petitioner, v State of New York, respondent. (Index No. 626/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered March 26, 2004, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the proceeding shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branch of the motion which is to waive payment of the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,
ORDERED that the branch of the motion which is for a copy of the transcript without charge is denied.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13978
M/nal
|
2004-01294, 2004-01296 In the Matter of Alexa Miranda, respondent, v Moses Vasquez, appellant. (Docket No. F-07945/02)
| SCHEDULING ORDER |
Appeals by Moses Vasquez from two orders of the Family Court, Kings County, dated October 1, 2003, and January 2, 2004, 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 perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until August 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13971
M/nal
|
2003-10536 In the Matter of Frank A. Monzon, appellant, v Lori Zaikowski, respondent. (Docket No. V-1859/98)
| SCHEDULING ORDER |
Appeal by Frank A. Monzon from an order of the Family Court, Suffolk County, entered November 10, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until August 16, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13930
M/nal
|
2003-07836
In the Matter of Larry O. (Anonymous), Jr. Suffolk County Department of Social Services, petitioner-respondent; Larry O., Sr., (Anonymous), appellant, et al., respondent. (Docket Nos. N-1236-03, N-1240-03)
| SCHEDULING ORDER |
Appeal by Larry O., Sr., from an order of the Family Court, Suffolk County, dated July 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M14052
M/nal
|
2003-07280
In the Matter of Cleveland R. (Anonymous), appellant. (Docket No. D-09796/02)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated July 21, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 19, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M14033
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2003-06751, 2003-06754, 2003-06755
In the Matter of Elizabeth Susanna R. (Anonymous), a/k/a Elizabeth R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-25036-02) In the Matter of Victor Manuel R. (Anonymous), a/k/a Victor R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-25037-02) In the Matter of Ruben Leonel R. (Anonymous), a/k/a Ruben R. (Anonymous). Saint Dominic's Home/Commissioner of Social Services, respondent; Victor R. (Anonymous), a/k/a Victor Hugo R. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-25038-02)
| SCHEDULING ORDER |
Appeals by Victor R., a/k/a Victor Hugo R. from three orders of the Family Court, Kings County, all dated June 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 7, 2004. The respondent's brief was filed on July 20, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until July 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14036
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2003-08628
In the Matter of Michael Rivera, appellant, v Administration for Children's Services, respondent. (Docket No. V-03287-02/03B, V-03287-03)
| SCHEDULING ORDER |
Appeal by Michael Rivera from an order of the Family Court, Richmond County, dated September 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 24, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until September 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14035
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2003-08127
In the Matter of Malcolm Johnathin S. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Larry J. (Anonymous), appellant. (Docket No. B-8218/99)
| SCHEDULING ORDER |
Appeal by Larry J. from an order of the Family Court, Kings County, dated June 18, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 3, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file a their briefs on the appeal is enlarged until August 20, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14038
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2004-00408
In the Matter of James D. Senetto, appellant, v Julie Putnam, respondent. (Docket No. U-03495/03)
| ORDER TO SHOW CAUSE |
Appeal by James D. Senetto from an order of the Family Court, Suffolk County, dated December 4, 2003. The transcripts in the above-entitled appeal were received by the appellant on or about May 4, 2004, and pursuant to the scheduling order of this court dated May 14, 2004, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date thereof. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated May 14, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before August 11, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13991
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2004-02569 In the Matter of Beatriz Sosa, respondent, v Oscar Sosa, appellant. (Docket No. F-238-03)
| SCHEDULING ORDER |
Appeal by Oscar Sosa from an order of the Family Court, Orange County, dated March 5, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14040
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2004-04638 In the Matter of Suffolk County Department of Social Services, respondent, v Maria Conley, appellant. (Docket No. F-02209-01)
| SCHEDULING ORDER |
Appeal by Maria Conley from an order of the Family Court, Suffolk County, dated April 26, 2004. By decision and order of this court dated July 16, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M13901
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2004-03039 In the Matter of Westchester County Department of Social Services, o/b/o Melissa Boscia, appellant, v Robert W. Ross, respondent. (Docket No. F-04021-01)
| SCHEDULING ORDER |
Appeal by the Westchester County Department of Social Services from an order of the Family Court, Westchester County, dated April 8, 2004. The appellant's brief was filed in the office of the Clerk of this court on June 10, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the respondent and the law guardian to serve and file their respective briefs on the appeal is enlarged until September 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13932
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2003-05173
In the Matter of David Wissink, respondent, v Jane Wissink, appellant. (Docket No. V-691/03)
| SCHEDULING ORDER |
Appeal by Jane Wissink from an order of the Family Court, Orange County, dated May 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 16, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M13963
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GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2001-05692 The People, etc., respondent, v Howard Campbell, appellant. (Ind. Nos. 6218/00, 284/01)
| DECISION & ORDER ON MOTION For Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 18, 2001.
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 appellant's supplemental pro se brief shall be served and filed on or before September 13, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13897
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
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2003-08188 The People, etc., respondent, v Eliseo Lugo, Jr., appellant.
(Ind. No. 120/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Nassau County, rendered May 29, 2003, for leave to reargue a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion of this court dated May 10, 2004, and to be provided with certain transcripts and other material.
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 for leave to reargue the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Martin Geduldig, Esq.
400 S. Oyster Bay Rd., Suite 304
Hicksville, New York 11801
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the branch of the motion which is to be provided with transcripts and other material is denied with leave to renew in the event the appellant seeks leave to file a supplemental pro se brief once the appeal is perfected; 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.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03-A-4864
Altona Correctional Facility
555 Devils Den Road
Altona, New York 12910
Appellate Division: Second Judicial Department
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2004-00393
The People, etc., respondent, v Joseph McDermott, appellant. (Ind. No. 03-00195)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Orange County, dated January 15, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 18, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court