Appellate Division: Second Judicial Department
M28144
Y/nal
BARRY A. COZIER, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-06803
Ramon Abreu, plaintiff-respondent, v Lucent Technologies, Inc., appellant, Financial Square, Inc., et al., defendants- respondents (and a third-party action). (Index No. 20788/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 21, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the trial of the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 26, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 26, 2005, the court, on its own motion, may vacate the stay or the respondents may move to vacate the stay, on three days notice.
COZIER, J.P., CRANE, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28153
CF/
|
2005-06714 Armstrong Wood Products, Inc., plaintiffs- respondents, v Michael Howie, d/b/a Hollywood Cabinets Co., defendant-respondent; Sweetbaum & Sweetbaum, nonparty-appellant. (Index No. 16639/03)
| 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 June 15, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28137
CF/
|
2005-04059 BDG Oceanside, LLC, respondent, v RAD Terminal Corp., et al., defendants, Gulf Oil Limited Partnership, appellant. (Index No. 14890/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated March 24, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28180
S/nal
|
2005-01023
Michael Bell, etc., et al., respondents, v Kelly McCray, et al., defendants, New York City Transit Authority, et al., appellants. (Index No. 28919/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 3, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 19, 2005, 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
M28182
S/nal
|
2005-01474
Greg Beyl, et al., appellants, v Marion Franchini, et al., respondents. (Index No. 02981/03)
| 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, Westchester County, dated December 14, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 6, 2005, 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
M28183
S/nal
|
2005-01693
Sharon Verwayne Clark, et al., appellants, v Thomas McGregor, et al., respondents. (Index No. 43472/02)
| 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 December 7, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 23, 2005, 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
M28181
S/nal
|
2005-00889
Albert Colao, et al., appellants, v Community Programs Center of Long Island, Inc., respondent. (Index No. 01-17595)
| 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 November 1, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 23, 2005, 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
M28133
S/nal
|
2004-09672
Keith Darbonne, appellant, v Alex Goldberger, et al., respondents. (Index No. 5976/03)
| ORDER ON APPLICATION |
Application by the respondents Town of Orangetown and Planning Board of the Town of Orangetown 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, Rockland County, dated September 13, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until September 28, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28151
CF/
|
2005-04509 Joseph Dee, respondent, v Modern Continental Construction Company, Inc., et al., appellants. (Index No. 31909/02)
| 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 25, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28171
C/nal
THOMAS A. ADAMS, J.P.
BARRY A. COZIER
DAVID S. RITTER
PETER B. SKELOS, JJ.
|
2004-09087
Anna Delgado, respondent, v New York City Housing Authority, appellant. (Index No. 1830/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 10, 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.
ADAMS, J.P., COZIER, RITTER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28145
CF/
|
2005-01536 John J. Fagan, appellant, v Scope, et al., respondents. (Index No. 18877/04)
| 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 January 7, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28138
CF/
|
2005-05808 Helen Ferrere, appellant, v New York City Transit Authority, et al., respondents. (Index No. 10867/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated February 7, 2005.
Upon the stipulation of the parties, dated July 21, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28147
CF/
|
2005-02498 Avorie D. Francisque, et al., respondents, v Hilma H.M. Yu, et al., appellants. (Index No. 10422/03)
| 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 3, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28136
S/nal
|
2004-09793
George Garrison, et al., appellants, v All Phase Structure Corp., respondent. (Index No. 0758/02)
| 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, Orange County, dated September 8, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 6, 2005, 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
M28134
S/nal
|
2004-10868
Raymond Giovanniello, etc., appellant, v Carolina Wholesale Office Machine Company, Inc., respondent. (Index No. 7242/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 23, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 30, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28159
CF/
|
2005-01669 J.J. Sisca & Associates Building Corp., respondent, v CNA Insurance Company, et al., appellants, et al., defendants. (Index No. 4982/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 7, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28130
S/nal
|
2004-11179
Yousaf Kasim, et al., appellants, v Michael DeFretias, et al., respondents. (Index No. 48561/01)
| 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 October 19, 2004, and cross application by the respondents to enlarge the time to serve and file a brief.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until August 31, 2005, 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 the cross application is granted and the respondents' time to serve and file a brief is enlarged until November 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28156
CF/
|
2005-01294 Robert J. Mann, appellant, v Ascend Construction Management, et al., respondents (and a third-party action). (Index No. 11065/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 12, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28142
CF/
|
2005-03806 Allan Maurer, respondent, v Great Neck School District, a/k/a Board of Education of Union Free School District #7 Town of North Hempstead, appellant, et al., defendants. (Index No. 9473/03)
| 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 11, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28132
S/nal
|
2004-06871 Margarita Morales, et al., plaintiffs-respondents, v Shelter Express Corporation, et al., defendants- respondents, City of New York, appellant. (Index No. 1800/02)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents and the defendant-respondent Outdoor Systems Inc., a/k/a Viacom Outdoor, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from order of the Supreme Court, Queens County, dated June 22, 2004.
ORDERED that the application is granted and the movants' time to serve and file their respective briefs is enlarged until September 26, 2005, and the movants' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28157
CF/
|
2004-07652 Elise M. Negrin, etc., appellant, v Norwest Mortgage, Inc., respondent. (Index No. 26551/97)
| 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 June 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28152
S/nal
|
2004-07684, 2005-02204 Patricia Penna, respondent, v Henry Penna, appellant.
(Index No. 15546/02)
| 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 appeals from two orders of the Supreme Court, Suffolk County, dated July 27, 2004, and February 3, 2005, respectively.
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until August 25, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28168
C/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2004-09844
Barbara Purpura, respondent, v Nicholas E. Purpura, appellant. (Index No. 5769/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated September 30, 2004, to enjoin the respondent from disposing of certain assets, and from withdrawing funds from her bank account, pending hearing and determination of the appeal. Cross application by the respondent, inter alia, to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the cross application and the papers filed in opposition or relation thereto, it is
ORDERED that the motion and the cross application are denied.
SCHMIDT, J.P., S. MILLER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M27958
S/nal
|
2004-09645
Stanley Rabinowitz, appellant, v St. John's Episcopal Hospital, respondent. (Index No. 21377/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 8, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 19, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28177
R/nal
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-04441
Eric Richmond, appellant, v Jean G. Miele, et al., respondents. (Index No. 8925/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 1, 2005, inter alia, in effect, to amend so much of a decision and order on motion of this court June 14, 2005, as conditioned an injunction and other relief upon posting an undertaking in the amount of $250,000 on or before 5 P.M. on June 27, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the decision and order on motion of this court dated June 14, 2005, is amended by deleting from the first decretal paragraph thereof the date "June 27, 2005," and substituting therefor the date "August 26, 2005," and the motion is otherwise denied.
COZIER, J.P., S. MILLER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28149
CF/
|
2005-05771 Merlita C. Salamat, et al., respondents, v Jennifer S. McGregor, defendant, Transport Robert LTEE 1973, et al., appellants. (Index No. 1341/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 12, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28131
S/nal
|
2005-03542
Carol T. Seaman, plaintiff-appellant, v Wyckoff Heights Medical Center, Inc., respondent; Joseph R. Gagliano, et al., nonparty-appellants.
(Index No. 4018/03)
| ORDER ON APPLICATION |
Application by the plaintiff-appellant and the nonparty-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 29, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28148
CF/
|
2005-01180 Dianne Sheets, respondent, v Scott Sheets, appellant. (Index No. 12723/00)
| 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 December 29, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28160
CF/
|
2005-01825 St. Vincent's Hospital & Medical Center, a/a/o Miriam Green, et al., respondents, v American International Group, etc., et al., appellants. (Index No. 12145/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 27, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28135
CF/
|
2005-01645 Francisco Garay Torres, appellant-respondent, v Norman Levy, et al., respondents-appellants, RK Contracting & Decorating, Inc., et al., respondents. (Index No. 9259/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal of the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28155
CF/
|
2005-01507 Ryszard Wasiluk, respondent, v Cabrini Medical Center, et al., appellants. (Index No. 30095/00)
| 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 December 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28150
S/nal
|
2004-05869, 2004-06210, 2005-01029
Robert D. Wilson, et al., appellants-respondents, v Hallen Construction Corp., respondent-appellant. (Index No. 6828/95)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Kings County, dated May 28, 2004, and a judgment of the same court, entered June 14, 2004, and an appeal and cross appeal from a judgment of the same court, dated December 22, 2004.
ORDERED that the application is granted and the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before September 26, 2005 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28161
L/
|
2005-04578
In the Matter of Anthony B. (Anonymous), respondent; State of New York Office of Mental Health, appellant. (Index No. 9539/04)
| 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 May 6, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the stay granted by the decision and order of this court, dated June 3, 2005, is vacated forthwith.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28154
CF/
|
2005-01443 In the Matter of Leonard D. B. (Anonymous), appellant. (Docket No. D-13715-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated January 12, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28140
S/nal
|
2005-04897
In the Matter of Joseph Bacik, petitioner, v Great Neck Water Pollution Control District, et al., respondents. (Index No. 11313/04)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Nassau County, dated November 23, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 24, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28158
CF/
|
2005-06525 In the Matter of Jan P. (Anonymous), appellant. (Docket No. D-3019-05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated June 1, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28141
S/nal
|
2004-06657
In the Matter of Ardelia R. (Anonymous). New York City Health and Hospital Corporation - Elmhurst Hospital, respondent; Raymond Miles, appellant. (Index No. 7535/04)
| ORDER ON APPLICATION |
Application by the Guardian for Ardelia R. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 17, 2004.
ORDERED that the application is granted and the Guardian's time to serve and file a brief is enlarged until September 26, 2005, and the Guardian's brief shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28146
S/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-01349, 2005-03954
In the Matter of Thomas W. White, deceased. Stephanie White, respondent; Richard White, appellant. (File No. P-433/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Surrogate's Court, Richmond County, dated December 21, 2004, and a decree of the same court dated January 7, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the appeal from the decision (Appellate Division Docket No. 2005-03954), 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 granted to the extent that the time to perfect the appeal from the decree (Appellate Division Docket No. 2005-01349), is enlarged until November 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the application is otherwise denied as academic.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M26926
F/
DANIEL F. LUCIANO, J.
|
2005-00396 The People, etc., plaintiff, v Christopher Bayer, defendant. (Ind. No. 2938-99)
| 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 County Court, Suffolk County, dated December 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division : Second Judicial Department
M27418
F/
ROBERT A. LIFSON, J.
|
2005-02421 The People, etc., plaintiff, v Norman B. Calvert, defendant. (Ind. No. 710/96)
| 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 16, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M27503
O/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2002-00416 The People, etc., respondent, v Taron Jakeam Gibson, appellant. (Ind. No. 302/01)
| DECISION & ORDER ON MOTION |
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 County Court, Orange County, rendered December 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 brief shall be served and filed on or before September 29, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SCHMIDT, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27422
F/
DANIEL F. LUCIANO, J.
|
2005-01808 The People, etc., plaintiff, v Von Knowlden, a/k/a Salim Abdul-Malik, defendant. (Ind. No. 2864/98)
| 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 January 26, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M28139
S/nal
|
2001-03529
The People, etc., respondent, v Derek Livingston, appellant.
(Ind. No. 99-01515)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered April 5, 2001.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27425
F/
DANIEL F. LUCIANO, J.
|
2005-02468 The People, etc., plaintiff, v Tyrone Marsh, defendant. (Ind. No. 7446/94)
| 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 28, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DANIEL F. LUCIANO
Associate Justice
Appellate Division : Second Judicial Department
M27770
F/
GLORIA GOLDSTEIN, J.
|
2005-05853 The People, etc., plaintiff, v Nathaniel Naughton, defendant. (Ind. No. 8347/97)
| 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 April 8, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division : Second Judicial Department
M27421
F/
DANIEL F. LUCIANO, J.
|
2005-00943 The People, etc., plaintiff, v Abiodun Oduko, defendant. (Ind. No. 240/03)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated December 23, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division : Second Judicial Department
M27817
F/
HOWARD MILLER, J.
|
2005-05628 The People, etc., plaintiff, v Gary Perfetto, defendant. (Ind. No. 1772/80)
| 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 May 3, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M28178
S/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-05212, 2005-05213 The People, etc., respondent, v Ahmad Perkins, appellant. (Ind. No. 2095/02, 3727/02)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se for leave to prosecute appeals from two judgments of the Supreme Court, Kings County, both rendered July 17, 2003, as a poor person and for the assignment of counsel.
Now on the court's own motion, it is
ORDERED that the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30) by filing an affidavit on that issue with the Clerk of this court on or before August 19, 2005; and it is further,
ORDERED that the motion for leave to prosecute the appeals as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27419
F/
ROBERT A. LIFSON, J.
|
2005-04867 The People, etc., plaintiff, v Phillip Perry, defendant. (Ind. No. 2605/02)
| 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, Queens County, dated April 1, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M28179
S/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2003-01272 The People, etc., respondent, v Mahamoud Qanawi, a/k/a Mohmoud Qanawi, appellant. (Ind. No. 1112/02)
| ORDER TO SHOW CAUSE |
Motion by the attorney assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered January 10, 2003, inter alia, to dismiss the appeal on the ground that the appellant has been deported.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit on that issue in the office of the Clerk of this court on or before August 19, 2005; and it is further,
ORDERED that the motion by the appellant's assigned counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M27423
F/
DANIEL F. LUCIANO, J.
|
2005-01373 The People, etc., plaintiff, v Alan Ramirez, defendant. (Ind. No. 130/97)
| 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 December 3, 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.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M28176
S/nal
HOWARD MILLER, J.P.
BARRY A. COZIER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
1997-04437 The People, etc., respondent, v Renaldo Simmons, appellant.
(Ind. No. 13873/96)
| DECISION & ORDER ON MOTION Motion Pro Se to Relieve of Assignment |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 19, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 7, 1997, and for leave to prosecute the appeal pro se.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further
ORDERED that the appellant pro se is granted leave to serve and file a supplemental brief; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
01 A 4181
Downstate Corr. Fac.
Box F
Fishkill, New York 12524
Appellate Division : Second Judicial Department
M28143
F/
ROBERT A. LIFSON, J.
|
2005-05860 The People, etc., plaintiff, v Mark Wallace, defendant. (Ind. No. 2697/91)
| 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 12, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division : Second Judicial Department
M27420
F/
ROBERT A. LIFSON, J.
|
2005-05291 The People, etc., plaintiff, v Nekia Washington, defendant. (Ind. No. 1191/00)
| 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 27, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division : Second Judicial Department
M27424
F/
DANIEL F. LUCIANO, J.
|
2005-03412 The People, etc., plaintiff, v Shamel Watson, defendant. (Ind. No. 1998/00)
| 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 County Court, Nassau County, dated March 11, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DANIEL F. LUCIANO
Associate Justice
Appellate Division : Second Judicial Department
M27818
F/
ROBERT A. SPOLZINO, J.
|
2005-05340 The People, etc., plaintiff, v Michael Wilson, defendant. (Ind. No. 3814/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated April 21, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. SPOLZINO
Associate Justice