Appellate Division: Second Judicial Department
M15378
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-03589 Abdo H. Alkaifi, respondent, v Celestial Church of Christ Calvary Parish, appellant, et al., defendants.
(Index No. 17021/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated April 7, 2004, inter alia, to dismiss the appeal on the ground that the appellant did not appear for the CAMP conference.
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 dismiss the appeal on the ground that the appellant did not appear for the CAMP conference is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied as academic.
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15406
S/nal
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2004-02434
David Ambalu, appellant, v Sigma Alpha Epsilon, et al., respondents. (Index No. 16348/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15405
S/nal
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2004-00259
Bubba's Bagels of Wesley Hills, Inc., et al., appellants, v Eric Bergstol, et al., respondents. (Index No. 6501/00)
| ORDER ON APPLICATION |
Application by the respondent Wesley Kosher, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from a judgment of the Supreme Court, Rockland County, dated October 31, 2003.
ORDERED that the application is granted and the movant's time to file a brief is enlarged until September 7, and the movant's brief must be filed on or before that date; and it is further,
ORDERED that the appellants' reply brief, if any, shall be served and filed on or before September 20, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15402
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THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-01259 Joseph Cocomello, appellant, v Adrienne Kenny, et al., respondents. (Index No. 18523/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered December 29, 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 to the extent that the appellant's time to perfect the appeal is enlarged until December 2, 2004, 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 motion is otherwise denied.
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15372
A/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2003-10599
Robert B. Conway, respondent, v S. Catherine Conway, appellant. (Index No. 8252/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to enlarge her time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated June 20, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; 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 January 6, 2004, issued in the above-entitled appeal, 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 November 3, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15387
PL/sl
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2004-01798, 2004-01799, 2004-01800
Maureen Cooper, appellant, v Chris Cooper, respondent. (Index No. 05284/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Suffolk County, all dated February 27, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15392
CF/
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2004-02088 Lillian Davis, respondent, v Marcus Garvey Nursing Home, appellant. (Index No. 48000/01)
| 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 January 30, 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
M15397
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
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2003-02677 Estate of Daniel Fennessey, etc., et al., respondents, v Ronald Klinger, et al., defendants, Brunswick Hospital, appellant. (Index No. 18067/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered February 26, 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 appellant's time to perfect the appeal is enlarged until September 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.
FLORIO, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15373
J/sl
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2004-00108
Garson Brothers Armonk, LLC, plaintiff-respondent, v Martin Gorki, appellant, Abdalla M. Abdalla, defendant-respondent. (Index No. 3255/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 25, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15384
J/sl
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2003-08642
Gerard Hayes, appellant, v New York City Transit Authority, et al., respondents. (Index No. 14003/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated August 14, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 13, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15398
A/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-07111
Mary K. Henning, appellant, v Robert A. Ritz, respondent.
(Index No. 14027/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered July 20, 2004, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and to the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order entered July 20, 2004, is granted and enforcement of the order entered July 20, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 4, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 4, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15390
CF/
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2004-02568 Holiday Court, Inc., et al., respondents, v Hidden Trails Developers, appellant (and a third-party action). (Index No. 6824/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Rockland County, dated March 18, 2004.
Upon the stipulation of the parties, dated September 1, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15379
S/sl
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2003-09771
Jack Leichtner, respondent, v Barbara Leichtner, appellant. (Index No. 17957/92)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated October 6, 1993.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 4, 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
M15388
J/nal
|
2004-02018
Suzanne K. Mahler, appellant, v Incorporated Village of Port Jefferson, et al., respondents. (Index No. 4013/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15394
CF/
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2004-02677 Dominick Pulsone, plaintiff-respondent, v North Shore Towers Apartments, Inc., defendant third-party plaintiff-respondent; New York Contractors, Inc., third-party defendant-appellant. (Index Nos. 22225/01, 350739/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 9, 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
M15374
J/sl
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2003-09049
Riverside Capital Advisers, Inc., etc., et al., respondents, v First Secured Capital Corporation, et al., appellants, et al., defendant; Thomas Donovan, et al., non-parties. (Appeal No. 1) 2004-01677, 2004-01678 Riverside Capital Advisors, Inc., etc., appellant- respondent, Winchester Global Trust Company Limited, plaintiff-respondent, v First Secured Capital Corporation, et al., respondents-appellants, Wet Resources Corporation, defendant-respondent; Thomas Donovan, et al., nonparty-appellants. (Appeals Nos. 2 and 3) 2004-02070 Riverside Capital Advisers, Inc., etc., et al., plaintiffs- respondents, v First Secured Capital Corporation, et al., defendants-respondents; Jessica Donovan, et al., nonparty-appellants. (Appeal No. 4) (Index No. 20600/99)
| ORDER ON APPLICATION |
Application by the appellants in the above-captioned appeals pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 17, 2003, an order and an amended order of the same court, both dated February 3, 2004, an order of the same court dated January 21, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until October 1, 2004, and the record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants in Appeals Nos. 2 and 3 shall serve and file their respective answering briefs, including their points of argument on the cross appeals, 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
M15345
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2004-02234 Frieda Rosenfarb, respondent, v City of New York, defendant, Regent's Park Associates, appellant.
(Index No. 14213/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 12, 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.
FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15391
CF/
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2004-06191 Maria Rosse-Glickman, appellant, v Beth Israel Medical Center-Kings Highway Division, respondent, et al., defendants. (Index No. 16806/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated May 21, 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
M15399
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THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-04420
James Schmaeling, respondent, et al., plaintiff, v Pamela Cook, appellant.
(Index No. 1590/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 5519(c) to stay enforcement of a judgment of the Supreme Court, Queens County, dated April 27, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15389
CF/
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2004-02981 Frank Smith, et al., appellants, v Kathleen T. Vindigni, et al., respondents. (Index No. 65/01)
| 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 March 2, 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
M15371
J/sl
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2004-00058 Andrea Spano, appellant, v Baldo Bertocci, defendant, Esther Baldinger, respondent. (Index No. 24352/97)
| 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 amended judgment of the Supreme Court, Kings County, dated September 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 23, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent's brief must be served and filed on or before November 22, 2004; and it is further,
ORDERED that the appellant's reply brief, if any, must be served and filed on or before December 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15383
CF/
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2004-00496 Marta Stefancova, respondent, v New York City Transit Authority, appellant. (Index No. 40757/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated December 12, 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
M15381
S/nal
|
2003-10577
Arik Tal, appellant, v Superior Vending, LLC, et al., respondents.
(Index No. 3510/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated October 15, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15393
CF/
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2004-04077 Lauren Vitale, et al., respondents, v Laura Kennedy, et al., appellants. (Index No. 13887/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 30, 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
M15407
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2004-00587
Joanne Wolff, appellant, v Michael Wolff, respondent. (Index No. 201928/03)
| 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 an order of the Supreme Court, Nassau County, dated December 15, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 10, 2004, and the respondent's brief must be served and filed on or before that date; and it is further
ORDERED that the appellant's reply brief, if any, shall be served and filed on or before September 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15382
A/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-03962, 2004-03963 In the Matter of Deborah Cunningham, appellant, v George Fillie Faboe, respondent. (Docket No. F-6106/02)
| DECISION & ORDER ON MOTION |
Appeals by Deborah Cunningham from two orders of the Family Court, Kings County, dated March 24, 2004, and April 22, 2004, respectively. By order to show cause dated July 22, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated May 19, 2004, issued pursuant to 22 NYCRR 670.4(a)(5). Motion by the appellant for leave to prosecute the appeals as a poor person, and for the assignment of counsel.
On the court's own motion, and upon the papers filed in support of the motion, it is
ORDERED that the appellant's motion for poor person relief and the assignment of counsel is denied, with leave to the appellant to renew, on or before September 20, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses; and it is further,
ORDERED that this court's motion to dismiss the appeals is denied on condition that the appellant renews her motion for poor person relief and assignment of counsel on or berfore September 20, 2004.
RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15400
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03758, 2004-03761, 2004-03762
In the Matter of Fatima Iaisha D. (Anonymous). Episcopal Social Services, petitioner-respondent; Kathy W. (Anonymous), a/k/a Kathy Antoinette B. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) (Docket No. B-265/02) In the Matter of Jihad Born D. (Anonymous). Episcopal Social Services, petitioner-respondent; Kathy W. (Anonymous), a/k/a Kathy Antoinette B. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket No. B-266/02) In the Matter of Karif Abdul Malik D. (Anonymous). Episcopal Social Services, petitioner-respondent; Kathy W. (Anonymous), a/k/a Kathy Antoinette B. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket No. B-267/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in three related proceedings before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute appeals from three orders of the Family Court, Richmond County, all dated March 3, 2004, and to grant the appellant leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before October 4, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeals and leave to prosecute the appeals as a poor person are denied with leave to the appellant to renew, on or before November 3, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeals.
FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15377
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2004-01978
In the Matter of Stephanie Geller, appellant, v Dobbs Ferry Union Free School District, et al., respondents. (Index No. 4500/03)
| 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, Rockland County, dated January 5, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15395
CF/
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2004-06333 In the Matter of Donald Jackson, appellant, v Board of Education of Roslyn Union Free School District, respondent. (Index No. 19502/02)
| 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 May 20, 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
M15403
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2003-09206, 2003-09207 In the Matter of John Mandala, appellant, v Brion Travis, et al., respondents. (Index No. 150/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Westchester County, entered March 26, 2003, and July 29, 2003, respectively, to remit the matter to the Supreme Court, Westchester County, for further proceedings on the ground that the record is insufficient for appellant review, or alternatively, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to remit the matter to the Supreme Court, Westchester County, for further proceedings on the ground that the record is insufficient for appellant review is denied without prejudice to raising the issue in the respondents' brief; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until October 4, 2004, and the respondents' brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15408
S/nal
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2003-10239
In the Matter of Sandra S. (Anonymous), etc., appellant. Verna Eggleston, as Commissioner of Social Services of the City of New York, petitioner-respondent; New York Foundation for Senior Citizens Guardian Services, Inc., etc., respondent; Hoover Assets, Inc., respondent-respondent.
| ORDER ON APPLICATION |
Application by the respondent Commissioner of Social Services of City of New York 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 October 6, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until October 3, 2004, and the movant'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
M15386
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|
2004-01885
In the Matter of Josephine Simonetti, deceased. Carol Simonetti, appellant; Joanne Larson, et al., respondents. (File No. 322625)
| 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 Surrogate's Court, Nassau County, dated January 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15385
CF/
|
2004-04593 In the Matter of Ann Sullivan, etc., respondent, v Nadina M. (Anonymous), appellant. (Index No. 500222/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated March 11, 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
M15404
E/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
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2004-02189 In the Matter of Eric Turkewitz, petitioner, v Planning Board of City of New Rochelle, et al., respondents. (Index No. 18421/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to prosecute a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered March 12, 2004, on the original papers, and application by the petitioner to enlarge the time to perfect the proceeding.
Upon the papers filed in support of the motion and the application, and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the application is granted, and the petitioner's time to perfect the proceeding by causing the original papers constituting the record on 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 his brief is enlarged until December 10, 2004.
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15396
S/sl
PETER B. SKELOS, J.
|
2004-07608 The People, etc., respondent, v Andre Lauredan, appellant. (Ind. No. 2901/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Nassau County, rendered August 25, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, execution of the judgment is stayed, and bail is set by the giving of an insurance company bail bond in the amount of $30,000 or by depositing the sum of $15,000 as a cash bail alternative; and it is further,
ORDERED that this stay shall terminate and be of no further effect 120 days from the date hereof and the appellant shall thereafter surrender to serve the sentence imposed, unless the appeal shall have been brought to argument or submitted to this court, or unless this court shall have extended this order; and it is further,
ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the appellant to the sentencing court to continue the execution of sentence; and it is further,
ORDERED that the Warden of the facility at which the appellant is incarcerated, or his agent, is directed to immediately release the appellant upon receipt of this order and proof that bail has been posted in accordance herewith; and it is further,
ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.
PETER B. SKELOS
Associate Justice
Appellate Division: Second Judicial Department
M15380
M/nal
|
2003-10256
The People, etc., respondent, v Kim Ragland, appellant.
(Ind. No. 02-00132)
| 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, Rockland County, rendered April 1, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court