Appellate Division: Second Judicial Department
M14321
CF/
|
2004-03300 Lev Bondarevsky, respondent, v City of New York, appellant, et al., defendants. (Index No. 26293/95)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered March 10, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M14325
CF/
|
2004-04108 Campbell University, respondent, v Jeffrey L. Regan, appellant. (Index No. 521/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Putnam County, dated April 7, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M14331
CF/
|
2004-05438 Emmanuella Cherisme, etc., respondent, v Ovadia Abulafia, etc., appellant. (Index No. 22873/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated May 28, 2004.
Upon the stipulation of the parties, dated July 22, 2004 and July 26, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14328
CF/
|
2004-02610 James Cifuni, respondent-appellant, v Beys Contracting, appellant-respondent. (Index No. 19536/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated February 10, 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ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14323
CF/
|
2004-01069 Edelweiss (USA) Inc., plaintiff-respondent, v Vengroff Williams & Associates, Inc., defendant-respondent; David Jeffrey Gold, defendant-appellant. (Index No. 6592/03)
| 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 31, 2003.
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
M14341
O/nal
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-03636
Fenley & Nicol Environmental, Inc., respondent, v O.K. Petroleum International LTD., appellant. (Index No. 224064/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Suffolk County, dated February 10, 2004.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14335
A/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-02362
Kingsland Group, Inc., etc., respondent, v J.B. Satcin Realty Corp., et al., appellants, et al., defendants. (Index No. 6593/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 17, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14326
CF/
|
2004-02960 Gerald Kugler, respondent, v Harlcon Associates, LLC, et al., appellants. (Index No. 1018/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 3, 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
M14285
R/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-05942
Louise Natale, respondent, v Frank J. Natale, appellant.
(Index No. 29877/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the of the Supreme Court, Queens County, dated June 2, 2004, to stay all proceedings in the above-entitled action, and, in effect, to be allowed to reenter and reside in the subject premises pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14324
CF/
|
2004-01326 Aileen Nevis, et al., appellants, v Dyke Cab Corp., et al., respondents. (Index No. 7573/02)
| 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 December 17, 2003.
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
M14198
A/nal
ANITA R. FLORIO, J.P.
SONDRA MILLER
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2003-03358
Nissequogue Boat Club, n/k/a Nissequogue Yacht Club, et al., appellants, v State of New York, et al., respondents. (Index No. 30400/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay a summary proceeding pending in the District Court, Suffolk County, under Index Number SMLT 2002-00124, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 7, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14212
R/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-10532
George Quinn, et al., appellants, v Sundale Homes, Inc., et al., respondents.
(Index No. 12841/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the sale by the respondents of the property known as Block 6108, Lots 50 and 51, Richmond County, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated October 1, 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, pending hearing and determination of the appeal, the sale by the respondents of the property known as Block 6108, Lots 50 and 51, Richmond County, is stayed.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14287
R/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-10606
James Rich, etc., et al., appellants, v Robert P. Wulwick, etc., et al., respondents, et al., defendants. (Index No. 6342/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents Richard S. Gold and Smithtown Medical Specialists, Inc., to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered October 31, 2003, for failure to timely perfect the same.
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 the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14310
L/
|
2003-08749
Lynette Sanchez, respondent, v Cory Mitchell, appellant. (Index No.1821/03)
| 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 August 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14288
R/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00107
Stephen B. Sutka, appellant, v Laurie E. Sutka, respondent. (Index No. 2644/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated December 23, 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 appellant's time to perfect the appeal is enlarged until August 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14309
J/nal
|
2004-00073
Bruno Wells, et al., appellants-respondents, v 109 South 8th, LLC, respondent-appellant, Attro Construction Corporation, respondent. (Index No. 45117/97)
| 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 an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 9, 2003.
ORDERED that the application is granted and the respondent-appellant's time to serve and file a brief, including its points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until September 15, 2004, and the respondent-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
M14245
A/cf
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-06001
In the Matter of Jasmine A. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Wilfredo A. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Imotar A. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Wilfredo A. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Jaffar A. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Wilfredo A. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Melissa A. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Wilfredo A. (Anonymous), et al., respondents. (Proceeding No. 4)
(Docket Nos. NA-28836/02, NA-28837/02, NA-28838/02, NA-28839/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated July 12, 2004, inter alia, to stay enforcement of that portion of the order which, in effect, vacated certain orders of protection, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted to the extent that enforcement of that portion of the order which, in effect, vacated certain orders of protection is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 28, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 28, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14237
K/nal
FRED T. SANTUCCI, J.P.
MYRIAM J. ALTMAN
HOWARD MILLER
SONDRA MILLER
GABRIEL M. KRAUSMAN, JJ.
|
1999-00277
In the Matter of Robert C. D'Alvia, a disbarred attorney.
| DECISION & ORDER ON APPLICATION FOR REINSTATEMENT |
Application by the respondent, Robert C. D'Alivia, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 21, 1973, for reinstatement as an attorney and counselor-at-law. The respondent was disbarred by opinion and order of this court dated September 18, 1989. By decision and order of this court dated May 19, 1999, his first application to vacate the opinion and order of disbarment and to reinstate him to the practice of law was denied. By further decision and order of this court dated October 31, 2002, his second application for reinstatement was denied. A subsequent motion by the respondent to vacate the opinion and order of disbarment and to reinstate him to the practice of law was withdrawn by order of this court dated May 21, 2004.
Upon all the papers filed in connection with this application, it is
ORDERED that the application for reinstatement is denied.
SANTUCCI, J.P., ALTMAN, H. MILLER, S. MILLER and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14330
CF/
|
2004-00979 In the Matter of Diapulse Corporation of America, appellant, v James W. Mizner, et al., respondents. (Index No. 13148/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14337
A/nal
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-11208 In the Matter of Rosalie Dirma, respondent, v Walter Dirma, appellant. (Docket No. F-12605/03)
| DECISION & ORDER ON MOTION |
Appeal by Walter Dirma from an order of the Family Court, Suffolk County, dated November 18, 2003. By order to show cause dated June 8, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated February 27, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 27, 2004 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14296
M/nal
|
2004-06409 In the Matter of Devon H. (Anonymous), appellant. (Docket No. E-37146/03)
| SCHEDULING ORDER |
Appeal by Devon H. from an order of the Family Court, Kings County, dated July 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M14283
R/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-05900
In the Matter of Lisa Hassell, appellant, v Wilfredo Padro III, respondent. (Docket No. V-00079/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated June 29, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from the order dated June 29, 2004, and we decline to grant leave to appeal (see Family Court Act § 1112); and it is further,
ORDERED that the motion is denied as academic.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14340
O/nal
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-05180
In the Matter of Darrell Johnson, petitioner, v Donna Minort, etc., respondent. (Index No. 05180-04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14338
A/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-04009
In the Matter of Arthur D. LaForge, respondent, v Gladys Hume LaForge, appellant. (Docket No. F-7078/99)
| DECISION & ORDER ON MOTION |
Appeal by Gladys Hume LaForge from an order of the Family Court, Orange County, dated April 1, 2004. By order to show cause dated July 1, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 25, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 25, 2004 (see 22 NYCRR 670.4[a][5]).
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14334
O/nal
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-10297
In the Matter of Thomas Maher, petitioner, v Christopher J. Cade, et al., respondents. (Index No. 06015/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to strike the respondents' brief on the ground that the format of the brief violates the rules of this court or, in the alternative, to enlarge the time to file a reply brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered October 3, 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 enlarge the time to file a reply brief is granted; and it is further,
ORDERED that the petitioner's time to file a reply brief is enlarged until August 9, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14291
M/nal
|
2004-06411 In the Matter of Emmanuel O. (Anonymous), appellant. (Docket No. D-37583/03)
| SCHEDULING ORDER |
Appeal by Emmanuel O. from an order of the Family Court, Kings County, dated July 14, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14286
C/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03900
In the Matter of William Pabon, petitioner, v William Phillips, etc., respondent. (Index No. 6204/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner pro se in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated April 28, 2004, to waive the requirements of 22 NYCRR 670.102(f) regarding certification of the appendix on appeal.
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 proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to subpoena the original papers from the Supreme Court, Dutchess County; and it is further,
ORDERED that the motion is denied as academic; and it is further,
ORDERED that the respondent's time to serve and file brief is enlarged until August 30, 2004.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14294
M/nal
|
2004-06424 In the Matter of Patricia Perez, respondent, v Mario Villamil, appellant. (Docket No. F-968-96)
| SCHEDULING ORDER |
Appeal by Mario Villamil from an order of the Family Court, Queens County, dated June 30, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14307
PL/nal
|
2003-09409, 2004-01514, 2004-05236
In the Matter of Adam T. Smiler, respondent, v Board of Education, a/k/a Department of Education, et al., appellants. (Index No. 16012/03)
| 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 appeals from three orders of the Supreme Court, Kings County, dated September 3, 2003, January 13, 2004, and February 25, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 25, 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
M14292
M/nal
|
2004-06415 In the Matter of Curnelle T. (Anonymous), respondent. Corporation Counsel of the City of New York, appellant. (Docket No. E-5919/04)
| SCHEDULING ORDER |
Appeal by the Presentment Agency from an order of the Family Court, Kings County, dated July 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14339
O/nal
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
SANDRA L. TOWNES
STEVEN W. FISHER, JJ.
|
2004-01661
In the Matter of Peter R. Taylor, petitioner, v New York State Department of Motor Vehicles, respondent. (Index No. 1325/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Nassau County, dated May 5, 2003.
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 petitioner's time to perfect the proceeding is enlarged until September 30, 2004, and the petitioner's record or appendix and brief must be served and filed on or before that date.
ALTMAN, J.P., S. MILLER, TOWNES and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M14295
M/nal
|
2004-06392 In the Matter of Kristy Helen Tornese, respondent, v Richard F. Gagliardi, Jr., appellant. (Docket No. F-15608/03)
| SCHEDULING ORDER |
Appeal by Richard F. Gagliardi, Jr., from an order of the Family Court, Westchester County, dated July 7, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M14290
M/nal
|
2004-06410 In the Matter of Sheneika V. (Anonymous). Administration for Children's Services, respondent; Gary V. (Anonymous), appellant. (Docket No. N-16366-03)
| SCHEDULING ORDER |
Appeal by Gary V. from an order of the Family Court, Kings County, dated July 9, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14293
M/nal
|
2004-06422 In the Matter of Donnell W. (Anonymous), appellant. (Docket No. D-03207-04)
| SCHEDULING ORDER |
Appeal by Donnell W. from an order of the Family Court, Queens County, dated July 13, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M14313
O/cf
GLORIA GOLDSTEIN, J.P.
SANDRA L. TOWNES
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-03019
In the Matter of Westchester County Department of Social Services, o/b/o Lisa A. Sammons, respondent, v Gregory Andrew Mordas, appellant. (Docket No. F-04772-03)
| DECISION & ORDER ON MOTION |
Appeal by Gregory Andrew Mordas from an order of the Family Court, Westchester County, dated March 24, 2004. By order to show cause dated June 10, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated April 21, 2004, issued pursuant to 22 NYCRR 670.4(a). Motion by the appellant for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the order to show cause and the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the branches of the appellant's motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the appellant's motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated April 21, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until September 7, 2004.
GOLDSTEIN, J.P., TOWNES, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13850
S/sl
WILLIAM F. MASTRO, J.
|
2003-10074 The People, etc., plaintiff, v Willie Bailey, defendant. (Ind. No. 63679/86)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated October 10, 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 branch of the application which is for leave to appeal from so much of the order as denied that branch of the defendant's motion which was pursuant to CPL 440.30(1-a) is denied as unnecessary as that portion of the order is appealable as of right (see CPL 450.10[5]); and it is further,
ORDERED that the application is otherwise denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M14319
C/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2002-05684 The People, etc., respondent, v Joseph Evans, appellant. (Ind. No. 01-00796)
| 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 June 11, 2002. Separate motion by the appellant pro se to be provided with a copy of the pre-sentence investigation report and the prior statements of all witnesses who testified at the trial.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is,
ORDERED that the motion to enlarge the time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before October 4, 2004; and it is further,
ORDERED that the branch of the motion which is to be furnished with a copy of the pre-sentence investigation report is granted; the Clerk of this court, or his designee, is directed to provide the appellant pro se with a copy of the pre-sentence investigation report; and it is further,
ORDERED that the branch of the motion which is to be provided with a copy of the prior statements of all witnesses who testified at the trial is denied.
SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M13847
S/sl
REINALDO E. RIVERA, J.
|
2004-03281
The People, etc., plaintiff, v Ernest Johnson, defendant. (Ind. No. 1123/00)
| 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 February 27, 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 as academic in light of this court's determination of the defendant's appeal from a judgment of the same court, rendered December 6, 2001 (see People v Johnson, _______ AD3d_________ [2d Dept., May 17, 2004]).
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M13597
F/
REINALDO E. RIVERA, J.
|
2004-04442
The People, etc., plaintiff, v Robert Martinez, defendant. (Ind. No. 2549/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 2, 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M13600
F/
REINALDO E. RIVERA, J.
|
2004-02767
The People, etc., plaintiff, v Jefferson McLamb, defendant. (Ind. No. 824-88)
| 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 February 18, 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M13599
F/
REINALDO E. RIVERA, J.
|
2004-03871
The People, etc., plaintiff, v Jose Moreno, defendant. (Ind. No. 960/98)
| 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 February 9, 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M14327
S/nal
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-10088
The People, etc., respondent, v Mohammed Rahman, appellant.
(Ind. No. 3759/99)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered September 25, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition and in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Richard Herzfeld, Esq.
521 5th Ave., 36th Floor
New York, New York, 10175
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
238 Forbell Street
Brooklyn, NY 11208
Appellate Division: Second Judicial Department
M13602
F/
REINALDO E. RIVERA, J.
|
2004-02368
The People, etc., plaintiff, v Angel Sellan, defendant. (Ind. No. 2925/85)
| 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 13, 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.
REINALDO E. RIVERA
Associate Justice