Appellate Division: Second Judicial Department
M28170
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2005-05837 Helami Agolli, appellant, v Peter Kolb, respondent. (Index No. 34479/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M28190
S/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-06049
Marion Albert, etc., respondent, v CVS Valley Stream, LLC, i/h/s/a CVS, et al., appellants. (Index No. 16795/02)
| DECISION & ORDER ON APPLICATION |
Application by the respondent to substitute Marion Albert, as administrator of the estate of Alice Albergo, for the deceased respondent, Alice Albergo, on an appeal from an order of the Supreme Court, Nassau County, dated June 25, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, and Marion Albert, as administrator of the estate of Alice Albergo, is substituted for the deceased respondent, Alice Albergo, and the caption of the action has been amended accordingly.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28174
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2005-04533 CJR Properties, LLC, appellant, v Friedlander Group, Inc., respondent. (Index No. 273/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 8, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M28172
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2005-05906 Timothy P. Coffey, respondent, v Rona Smith, et al., appellants. (Index No. 23774/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 20, 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
M28169
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2005-05468 Community Preservation Corporation, et al., respondents, v 1974 Realty Associates, appellant (and a third-party action). (Index No. 21023/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 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
M28197
S/nal
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2004-10603
Barbara Daddino, appellant-respondent, v Frank Daddino, respondent-appellant. (Index No. 8907/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated October 5, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until September 27, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28166
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|
2005-02831 Dona Degale-Selier, et al., respondents, v Preferred Management & Leasing Corp., et al., appellants. (Index No. 4189/04)
| 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 February 18, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28189
S/nal
|
2004-10222
Marie Delpapa, appellant, v Queensborough Community College, et al., respondents. (Index No. 4276/98)
| 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, Queens County, dated September 15, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until August 25, 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
M28213
L/
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2004-02909
Affif Douidi, respondent, v 104-106 Delancey Realty, LLC, et al., appellants. (Index No. 33691/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated March 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28173
CF/
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2005-04958 Estate of Lucio Petrocelli, et al., appellants, v Frank Bumpus, et al., respondents. (Index No. 1919/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Putnam County, dated April 16, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28214
L/
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2004-08868
Irina Gaberman, respondent, v Ramon Maldonado, appellant. (Index No. 30984/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28198
S/nal
|
2004-02985
Stephen J. Gagliano, appellant, v County of Nassau, et al., respondents. (Index No. 6453/96)
| 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, Nassau County, dated November 14, 2003.
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
M28194
S/nal
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2004-07355, 2005-00617
Mark Haynes, respondent, v City of New York, et al., appellants. (Index No. 7503/99)
| 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 a judgment of the Supreme Court, Queens County, dated August 2, 2004, and an order of the same court, dated December 21, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 16, 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
M28215
L/
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2004-07065, 2004-08383 Sylvia Katz, et al., appellants, v Ford Credit Titling Trust, et al., respondents. (and a third-party action) (Index No. 3363/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from an order of the Supreme Court, Nassau County, dated June 29, 2004, and a judgment of the same court dated July 27, 2004, respectively.
Upon the stipulation of the parties, dated February 24, 2005, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28225
C/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-04776
Prabhjo Kaur, respondent, v Ravinder Pal Singh, appellant. (Index No. 12324/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, dated February 3, 2005, inter alia, in effect, to stay stated portions of the judgment pending hearing and determination of the appeal, for leave to proceed as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28114
S/nal
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2005-00752
Taylor McNally, etc., et al., respondents-appellants, v Peter Corwin, appellant-respondent, Laura Burnside, defendant third-party plaintiff-respondent; Michael McNally, third-party defendant-respondent. (Index No. 9370/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 11, 2005, and cross application by the respondents-appellants for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until August 16, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before September 21, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondents shall serve and file their respective briefs on or before October 16, 2005; the appellant-respondent shall serve and file his reply brief on or before December 1, 2005; and the respondents-appellants shall serve and file their reply brief on or before December 16, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28185
S/nal
|
2004-09374
NYCTL 1998-1 Trust, etc., et al., respondents, v Aref Shahipour, et al., defendants, Max Melamed, appellant. (Index No. 10618/99)
| 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 a judgment of the Supreme Court, Queens County, dated August 11, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 6, 2005, and the respondents' brief must be filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28192
S/nal
|
2004-03937
Michael O'Donnell, respondent, v Grigore Blanaru, appellant. (Index No. 18991/01)
| 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 a judgment of the Supreme Court, Queens County, dated March 19, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28212
L/
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2004-05828
Margaret Oliva, respondent, v Michael A. Pacheco, et al., appellants. (Index No. 21812/02)
| 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 March 31, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28167
CF/
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2005-03832 Hadassah Polycarpe, et al., respondents, v 2101 Albermarle Inc., appellant. (Index No. 49343/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 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
M28175
CF/
|
2005-00527 Joan Servinskas, et al., respondents, v Town Realty Company, LLC, appellant. (Index No. 7149/03)
| 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 November 16, 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
M28186
S/nal
|
2004-10122
Sleepy's, Inc., respondent, v Leon Orzechowski, et al., appellants.
(Index No. 1575/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated September 27, 2004.
ORDERED that the application is granted and the reply brief shall be filed on or before August 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28193
S/nal
|
2004-09554
Molka Sokolovsky, respondent, v Mucip, Inc., et al., appellants. (Index No. 26656/01)
| 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, Kings County, dated October 18, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28187
S/nal
|
2004-10313
Thomas J. Spota, etc., appellant, v Astra Motors, a/k/a Astra Motor Cars, et al., respondents. (Index No. 13208/03)
| 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 November 10, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until July 29, 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
M28188
S/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2004-09355 In the Matter of Frank Casatelli, petitioner, v Catherine Sullivan, etc., appellant; Robert David Goodstein, nonparty-respondent. (Index No. 2269/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellant to substitute Catherine Sullivan, as administrator of the estate of John J. Sullivan, Sr., for the deceased appellant John J. Sullivan, Sr., on an appeal from an order of the Supreme Court, Westchester County, dated September 17, 2004, and pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, and Catherine Sullivan, as administrator of the estate of John J. Sullivan, Sr., is substituted for the deceased appellant John J. Sullivan, Sr., and the caption of the action has been amended accordingly; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until September 30, 2005, and the record or appendix and the appellant's brief shall be served and filed on or before that date.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28184
S/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-00347
In the Matter of Caroline Ciraolo, deceased. David J. Ciraolo, et al., respondents; Dorothea J. Ciraolo, etc., appellant.
(File No. 1432/00)
| ORDER ON APPLICATION |
Application by the respondent David J. Ciraolo to substitute Dorothea J. Ciraolo, as executor of the estate of Charles J. Ciraolo, Sr., for the deceased appellant Charles J. Ciraolo, Sr., on an appeal from an order of the Surrogate's Court, Kings County, dated November 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, and Dorothea J. Ciraolo, as executor of the estate of Charles J. Ciraolo, Sr., is substituted for the deceased appellant Charles J. Ciraolo, Sr., and the caption of the action has been amended accordingly.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28195
S/nal
|
2004-10557
In the Matter of Progressive Northern Insurance Company, appellant, v Kenneth White, et al., respondents. (Index No. 44351/03)
| ORDER ON APPLICATION |
Application by the respondent Nationwide Insurance Company 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 November 1, 2004.
ORDERED that the application is granted and the time of the respondent Nationwide Insurance Company to serve and file a brief is enlarged until August 25, 2005, and that 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
M28199
O/nal
BARRY A. COZIER, J.P.
SONDRA MILLER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-00681, 2005-02089
In the Matter of Property Tax Reduction Consultants, Inc., appellant, v Township of Islip, et al., respondents. (Index No. 15079/04)
| DECISION & ORDER ON MOTION |
Motion by the Town of Babylon for leave to file an amicus curiae brief on an appeal from an order of the Supreme Court, Suffolk County, dated November 29, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., S. MILLER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28162
F/
SONDRA MILLER, J.
|
2005-05501 The People, etc., respondent, v Jason Faulkner, appellant. (Ind. No. 2590/99)
| 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, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated May 3, 2005, 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.
SONDRA MILLER
Associate Justice
Appellate Division: Second Judicial Department
M28196
S/nal
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2004-04291
The People, etc., respondent, v Ralph Salierno, appellant. (Ind. No. 636/03)
| 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, Suffolk County, rendered April 26, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 26, 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
M28191
S/nal
|
2002-05727
The People, etc., respondent, v Ryan Wagner, appellant.
(Ind. No. 2452/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered January 9, 2002.
ORDERED that the application is granted and the reply brief shall be served and filed on or before August 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court