Appellate Division: Second Judicial Department
M14107
J/nal
|
2004-01716
AFA Protective Systems, Inc., et al., appellants, v City of New York, respondent. (Index No. 43521/94)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 8, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 9, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14095
S/nal
|
2003-08843
Sofia Amsellem, respondent, v Jacques Amsellem, appellant. (Index No. 200692/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, entered August 14, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 2, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14124
S/nal
|
2004-02061
Robert Bollino, respondent, v Gary Hitzig, etc., et al., appellants.
(Index No. 22913/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on an appeal from an order of the Supreme Court, Nassau County, dated February 13, 2004.
ORDERED that the application is granted and the reply briefs shall be served and filed on or before August 5, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14111
J/nal
|
2004-00932
Stephanie Cabrera, etc., et al., appellants, v City of New York, et al., respondents. (Index No. 22913/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 17, 2003.
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
M14118
S/nal
|
2003-05879
Duratech Industries, Inc., respondent-appellant, v Continental Insurance Company, et al., appellants-respondents, et al., defendants. (Appeal No. 1) 2003-06792 Duratech Industries, Inc., respondent, v Continental Insurance Company, et al., appellants, et al., defendants. (Appeal No. 2) (Index No. 26189/98)
| ORDER ON APPLICATION |
Application by appellants-respondents in Appeal No. 1 and the appellants in Appeal No. 2 , pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their reply brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated May 12, 2003, and an appeal from an order of the same court dated June 11, 2003.
ORDERED that the application is granted and the movants' reply brief shall be served and filed on or before August 31, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14126
S/nal
|
2003-11124
Emptage & Associates, Inc., appellant, v Cape Hampton, LLC, et al., respondents.
(Index No. 13943/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 31, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14117
Y/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04813
Ignaz Gohrig, et al., appellants, v Eugene Porcelli, respondent (and a third-party action). (Index No. 7952/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered April 29, 2004, on the ground that the order denied the appellants' motion for leave to reargue.
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
M14100
PL/nal
|
2004-00622
Perry Joseph, et al., appellants, v Robert Delorenz, respondent. (Index No. 27028/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated December 24, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 17, 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
M14070
J/nal
|
2004-00709
Penny Linden, respondent, v Sheldon Linden, appellant. (Index No. 9167/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered December 23, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 17, 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
M14092
S/nal
|
2004-00307
Charles Lodato, respondent, v Greyhawk North America, L.L.C., appellant, et al., defendants. (Index No. 9801/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until August 18, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14125
S/nal
|
2003-09408
Michael Lynch, et al., plaintiffs-respondents, v New York City Transit Authority, appellant, et al., defendants. (Index No. 26089/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 8, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 19, 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
M14088
J/nal
|
2004-01045
Maloney Carpentry, Inc., respondent, v George Budnick, et al., appellants. (Index No. 432/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Putnam County, dated January 12, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 4, 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
M14089
A/nal
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2003-09337
Rocco Mancini, et al., respondents, v Hardscrabble Commons Associates, et al., appellants. (Action No. 1) Joseph G. Scali, et al., appellants, v Rocco Mancini, et al., respondents. (Action No. 2) (Index No. 144/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, entered September 15, 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 it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until August 23, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14119
S/nal
|
2003-10690
Nancy N. Miklos, plaintiff appellant-respondent, v Joseph Miklos, respondent-appellant; Schlissel, Ostrow, Karabatos, Poepplein, & Fisher, PLLC, nonparty appellant-respondent. (Index No. 19759/98)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated January 8, 2003.
ORDERED that the application is granted and the appellants-respondents' time to perfect their appeals is enlarged until October 25, 2004, and the joint record or appendix on the appeal and the appellants-respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14063
J/nal
|
2004-00945
Jonathan Miranda, etc., et al., appellants, v New York City Housing Authority, et al., defendants, Mitchell Rubber Products, Inc., respondent (and a third-party action). (Index No. 36586/01)
| 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, Kings County, dated January 7, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 31, 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
M14123
S/nal
|
2004-02081
Arthur Mitchell, respondent, v Seymour Handler, etc., et al., appellants.
(Index No. 7031/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on appeals from an order of the Supreme Court, Nassau County, dated February 13, 2004.
ORDERED that the application is granted and the reply briefs shall be served and filed on or before August 5, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14103
PL/nal
|
2004-01338
Presbyterian Church of St. Albans, N.Y., appellant, v Prime Contracting Design Corporation, respondents. (Index No. 30745/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 4, 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
M14116
S/nal
|
2004-01910
RR Chester, LLC, appellant, v Arlington Building Corp., et al., respondents.
(Index No. 752/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Orange County, dated January 15, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13993
A/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-09681, 2004-00094
Jo-Marie Reed, respondent, v George Hopp Reed, appellant. (Index No. 5515/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court dated May 24, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar" as dismissed an appeal from an order of the Supreme Court, Richmond County, dated September 29, 2003, for failure to timely perfect, to reinstate the appeal, and to consolidate the appeal with an appeal from a judgment of the same court dated November 14, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion dated May 24, 2004, as dismissed the appeal from the order dated September 29, 2003, is granted, and so much of the decision and order on motion of this court dated May 24, 2004, as dismissed the appeal from the order dated September 29, 2003, is recalled and vacated; and it is further,
ORDERED that on the court's own motion the appeal from the order dated September 29, 2003, is dismissed, without costs or disbursements, on the ground that the order has been superseded by the judgment (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the motion is otherwise 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
M14073
M/nal
|
2003-08640
Argyro Scammacca, respondent, v Paul Scammacca, appellant. (Index No. 50507/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, entered August 29, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 9, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14097
PL/nal
|
2003-08747
Albert Schwartzberg, et al., respondents, v Kingsbridge Heights Care Center, Inc., et al., appellants. (Index No. 17647/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Westchester County, entered August 27, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 8, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14121
Y/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04932, 2004-05148
State of New York ex rel., o/b/o Darrick Sean McReynolds, appellant, v Commissioner of the Office of Mental Retardation and Developmental Disabilities, et al., respondents. (Index No. 50000/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to consolidate appeals from two orders of the Supreme Court, Queens County, dated June 23, 1999, and May 25, 2004, respectively. Cross application by the respondents to dismiss the appeal from the order dated June 23, 1999.
Upon the papers filed in support of the motion and cross application and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the motion which is for consolidation is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross application is denied without prejudice to making a motion for the relief requested (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
M14114
J/nal
|
2004-03299
Kenneth Taylor, et al., respondents, v Dynaserv Industries, Inc., appellant, H.M.S. Services, Inc., defendant. (Index No. 33117/99)
| 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, Kings County, dated February 13, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 31, 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
M14122
S/nal
|
2004-02902
Madeline Torres, etc., plaintiff-respondent, v God's Little Campground, et al., defendants- respondents, Bill Baldwin & Sons, Inc., appellant. (Index No. 26120/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated February 26, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 24, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14109
J/nal
|
2003-10557
Christine Valente, appellant, v Anthony Valente, respondent. (Index No. 2490/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated October 23, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 17, 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
M14082
A/cf
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04418
Doreen Velkas, et al., appellants, v Barry H. Kaplan, etc., respondent. (Index No. 3687/99)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent, inter alia, in effect, to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered October 16, 2003, inter alia, on the ground that the appellants failed to prosecute an appeal from a prior order of the same court dated October 25, 2002, and therefore the issues raised on the appeal from the judgment are precluded by Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the papers filed in opposition or relation 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
M14099
PL/nal
|
2004-01098
Gail Wechsler, et al., respondents, v Anita Moallem, et al., appellants. (Index No. 13806/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, entered January 7, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 15, 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
M14086
J/nal
|
2004-03610
Paul Zilberfein, et al., respondents-appellants, v Palmer Terrace Cooperative, Inc., appellant-respondent. (Index No. 20085/98)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated April 16, 2004.
ORDERED that the application is granted and the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before August 30, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14110
J/nal
|
2004-00242
Robert J. Zysk, appellant, v Fidelity Title Insurance Company of New York, et al., respondents. (Index No. 23420/03)
| 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, Suffolk County, dated December 3, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 20, 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
M14102
PL/nal
|
2004-01190
In the Matter of Allstate Insurance Company, respondent, v Estate of Frank Ingenito, appellant. (Index No. 4554/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated December 5, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 8, 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
M14085
Y/cf
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04663 In the Matter of Scott Chronis, appellant, v Donald Selsky, etc., respondent. (Index No. 32/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated April 19, 2004, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to proceed on the original papers is granted, the proceeding will 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 branches of the motion which are for wavier of the filing fee, for free transcripts and assignment of counsel are denied.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13995
Y/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-00112, 2004-03400
In the Matter of Emilio Conciatori, et al., appellants, v Office of Secretary of State, et al., respondents. (Matter No. 1) (Index No. 03-14158) In the Matter of Emilio Conciatori, et al., appellants, v Office of Secretary of State, et al., respondents. (Matter No. 2) (Index No. 1179/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants in Matters No. 1 and 2 to consolidate appeals from an order and judgement (one paper) of the Supreme Court, Westchester County, entered November 25, 2003, and an order and judgment (one paper) of the same court, entered March 4, 2004, and to enlarge the time to perfect the appeal from the order and judgment entered November 24, 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; and it is further,
ORDERED that the parties shall serve and file 10 copies of the record on appeal and the briefs; and it is further,
ORDERED that the appellants' time to perfect the appeal from the order and judgement entered November 24, 2003 is enlarged until September 7, 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
M14014
A/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-00628
In the Matter of Robert David L. (Anonymous), Jr. Suffolk County Department of Social Services, respondent; Patricia W. (Anonymous), appellant. (Docket No. B-9597/02)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated December 18, 2003, on the ground that the appeal is from an order which, in effect, denies reargument.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied without prejudice to the respondent raising this issue in its brief on the appeal.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14112
J/nal
|
2003-09295
In the Matter of Joan A. Meaders, etc., petitioner-respondent, v David Jones, appellant, et al., respondents-respondents.
(Index No. 53261/01)
| ORDER ON APPLICATION |
Application by the petitioner-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 24, 2003.
ORDERED that the application is granted and the petitioner-respondent's time to serve and file a brief is enlarged until September 17, 2004, and the petitioner-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14115
S/nal
|
2003-09574
In the Matter of Star Rubbish Removal Corp., petitioner, v Raymond P. Martinez, respondent. (Index No. 14597/03)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated September 29, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before July 29, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14072
A/nal
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
|
2004-05595
In the Matter of Sambasiva Rao Venigalla, et al., respondents, v Alaappa Alagappan, et al., appellants.
(Index No. 15676/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, entered June 16, 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.
RITTER, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13833
F/
WILLIAM F. MASTRO, J.
|
2003-08334
The People, etc., plaintiff, v Douglas Ames, defendant. (Ind. No. 8812/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant for reargument of his prior application 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 August 15, 2003, which was determined by me in a decision and order on application dated March 10, 2004.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M13849
S/sl
WILLIAM F. MASTRO, J.
|
2004-00020
The People, etc., respondent, v Brendan Cochrane, appellant.
(Ind. No. 13808/95)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
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 November 26, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated November 26, 2003, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M13834
F/
WILLIAM F. MASTRO, J.
|
2003-04814
The People, etc., plaintiff, v Johnathan Johnson, defendant. (Ind. No. 5908/87)
| DECISION & ORDER ON APPLICATION |
Application by the defendant for reargument of his prior application 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 30, 2003, which was determined by me in a decision and order on application dated September 19, 2003.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M14087
A/cf
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2002-09388 The People, etc., respondent, v Anthony Jones, a/k/a Anthony Lewis, appellant. (Ind. No. 4732/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered October 3, 2002, to be provided with certain additional minutes.
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
Appellant's Address:
00-A-6040
Clinton Correctional Facility
Box 2001
Dannemora, NY 12929
Appellate Division: Second Judicial Department
M14068
A/nal
DAVID S. RITTER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEVEN W. FISHER, JJ.
|
2000-02458 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 25, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a supplemental brief is enlarged until August 9, 2004, and the respondent's supplemental brief must be served and filed on or before that date; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief, if he should be so advised, is enlarged to August 30, 2004, and the reply brief must be served and file on or before that date.
RITTER, J.P., SCHMIDT, ADAMS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13836
F/
WILLIAM F. MASTRO, J.
|
2003-03930
The People, etc., plaintiff, v Rolando Rincon, defendant. (Ind. No. 1554/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 28, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M13832
F/
WILLIAM F. MASTRO, J.
|
2004-02763
The People, etc., plaintiff, v Nelson Rivera, defendant. (Ind. No. 699/95)
| 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 February 26, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M14046
F/
STEVEN W. FISHER, J.
|
2004-05569
The People, etc., plaintiff, v Calvin Taylor, defendant. (Ind. Nos. 301/92, 419/92)
| 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, Richmond County, dated May 4, 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.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M13835
F/
WILLIAM F. MASTRO, J.
|
2004-02502
The People, etc., plaintiff, v Armando Torres, defendant. (Ind. No. 12468/93)
| 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 16, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M14058
J/nal
|
2003-11287
The People, etc., respondent, v Ruben Villacreses, appellant. (Ind. No. 2345/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 19, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 28, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court