Appellate Division: Second Judicial Department
M29495
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2003-07061
Atkins Nutritionals, Inc., respondent, v Lexington Insurance Company, et al., defendants, Evanston Insurance Company, et al., appellants. (Index No. 02-17177)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from an order of the Supreme Court, Suffolk County, dated June 27, 2003.
Upon the stipulation of the attorneys for the respective parties, dated April 14, 2005, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29496
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2005-06036
Alvivian Beale, respondent, v Waldbaum's Co., appellant. (Index No. 4057/03)
| 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 May 27, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29537
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2005-02816
Lawson Brandy, etc., et al., appellants-respondents, v Canea Mare Contracting, Inc., etc., et al., defendants, National Grange Mutual Insurance Company, et al., respondents-appellants, American Safety Casualty Insurance Company, respondent. (Index No. 16405-03)
| ORDER ON APPLICATION |
Application by the appellants-respondents and the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeals from an order of the Supreme Court, Queens County, dated February 3, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until November 9, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' 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 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
M29505
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2005-03397 Haim Chera, respondent, v Gertrude Lemle, etc., et al., appellants.
(Index No. 27769/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from an order of the Supreme Court, Kings County, dated January 31, 2005.
Upon the stipulation of the parties, dated on or about August 2005, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29536
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2005-00889
Albert Colao, et al., appellants, v Community Programs Center of Long Island, Inc., respondent. (Index No. 01-17595)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 1, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 31, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29539
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2004-09963
Theodore Colon, et al., appellants, v City of New York, respondent. (Index No. 48827/98)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 17, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 20, 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
M29535
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2005-00747
Jordan Deschler, et al., respondents, v Joseph Yankura, defendant, Long Beach Senior High School, et al., appellants.
(Index No. 8913/04)
| 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 an order of the Supreme Court, Nassau County, dated December 13, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 26, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29508
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2005-07290 Martin Fried, respondent, v Estate of George Angelastro, respondent-appellant, Rencher's Crab Inn Inc., et al., appellants- respondents. (Index No. 26385/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Kings County, entered July 15, 2005.
Upon the stipulation of the attorneys for the respective parties, dated August 24, 2005, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29511
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2005-02354
Elyse J. Frydman, appellant, v Jacob A. Frydman, respondent. (Index No. 29904/94)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 31, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29525
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
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2004-07224 Ada Guzman, etc., et al., respondents, v Iceland, appellant, Rhodes School, et al., defendants. (Index No. 10925/00)
| DECISION & ORDER ON MOTION |
Motion by appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 23, 2005, which determined an appeal from an order of the Supreme Court, Nassau County, dated July 1, 2004.
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 denied.
H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29534
E/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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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, for leave to reargue those branches of his prior motion which were, inter alia, in effect, to stay stated portions of the judgment pending hearing and determination of the appeal.
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 dismissed on the ground that the order to show cause was not served in accordance with the terms thereof.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29521
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
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2003-09043, 2004-03423 David A. Kayser, respondent, v Barbara Ann Kayser, appellant. (Index No. 27105/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to reargue appeals from two orders of Supreme Court, Queens County, dated August 11, 2003, and February 13, 2004, respectively, which were determined by decision and order of this court dated May 2, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross application by the respondent for an award of an attorney's fee.
Upon the papers filed in support of the motion and the cross application, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs; and it is further,
ORDERED that the cross application is denied without prejudice to making a motion for the same relief (see CPLR 8022).
H. MILLER, J.P., CRANE, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29500
T/sl
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2005-02415 Wanda Keating, appellant, v Matthew J. Keating, respondent. (Index No. 3828/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated January 28, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 9, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29540
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2005-01688
Indamora Kempter, appellant-respondent, v Jeffrey Horton, d/b/a Kwick Mart Deli, et al., respondents, Anesi Realty Corp., respondent-appellant. (Index No. 735/01)
| 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 from an order of the Supreme Court, Putnam County, dated February 3, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before October 17, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondents shall serve and file their brief responding to the brief of the appellant-respondent and the respondent-appellant on or before November 22, 2005; and it is further,
ORDERED that the appellant-respondent shall serve and file her reply brief on or before December 27, 2005, and the respondent-appellant shall serve and file its reply brief, if any, on or before January 12, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29499
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2005-01421
Shechem Lafayette, etc., et al., respondents, v Our Savior Lutheran Church, et al., appellants. (Index No. 325/04)
| 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 January 18, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29528
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2005-01872
Antonio Lopez, plaintiff-respondent, v Gem Gravure Company, et al., defendants; Tadir Air, Inc., etc., defendant-appellant, Superflex Management, LLC, defendant- respondent (and two third-party actions). (Index No. 17939/02)
| ORDER ON APPLICATION |
Application by the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 3, 2004.
ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until October 26, 2005, and the defendant-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
M29509
S/sl
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2005-05035
Denyse McDonnell, respondent, v Dennis L. Draizin, etc., appellant. (Index No. 21502/94)
| 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, Queens County, dated April 11, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 8, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29507
S/sl
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2004-06351, 2004-09868
Bruce Morgan, appellant, v Chong Kwan Jun, et al., respondents. (Index No. 13899/01)
| ORDER ON APPLICATION |
Application by the respondents June Delaney, David Delaney, and Petals on Page, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Richmond County, dated June 16, 2004, and October 5, 2004, respectively.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until October 3, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29530
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2005-04431
Nationsbanc Mortgage Corp., respondent, v Sima Weintraub, et al., defendants; Suffern Realty Associates Corp., non-party appellant. (Index No. 1785/94)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Rockland County, dated March 29, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 22, 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
M29498
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2005-05937
Northern Management, Inc., appellant, v American Equity Insurance Company, et al., respondents. (Index No. 9445/04)
| 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 April 27, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29513
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2005-02684 Paul Palmieri, appellant, v Village of Babylon, respondent. (Index No. 17600-99)
| 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 December 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29506
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2004-10994
Courtney Paolilli, appellant, v Steven N. Lynch, etc., et al., respondents. (Index No. 3173/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, entered November 5, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 8, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29504
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2005-02247, 2005-03263
Lisa A. Seckler-Roode, respondent, v Christopher Roode, appellant. (Index No. 12365/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two judgments of the Supreme Court, Suffolk County, entered May 4, 2005, and May 5, 2005, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 3, 2005, and the record or appendix on the appeals 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
M29529
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2005-01353
Carlos Sevilla, et al., respondents, v Efstathios Valiotis, appellant. (Index No. 15611/04)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 5, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 19, 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
M29541
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2004-10854, 2004-10856
Allan Simmons, appellant, v Lewis C. Edelstein, etc., respondent. (Index No. 18168/03)
| 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 appeals from an order and a judgment of the Supreme Court, Nassau County, dated October 13, 2004, and November 8, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29532
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2005-01930, 2005-03847 Brenda Taylor, respondent, v Judith Greenwald, et al., appellants. (Index No. 27630/03)
| 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 two orders of the Supreme Court, Kings County, dated January 21, 2005, and March 24, 2005, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 6, 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
M29512
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2004-08544
David W. (Anonymous), appellant, v State of New York, respondent. (Claim No. 106125)
| 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 Court of Claims, dated June 24, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 22, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29547
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2005-06823
In the Matter of Congers Realty, Inc., petitioner, v Village of Dobbs Ferry, et al., respondents. (Ind. No. 7061/05)
| ORDER ON APPLICATION |
Stipulation to withdraw an affidavit of intent to seek leave to appeal to this court from an order of the Supreme Court, Westchester County, dated June 29, 2005.
Upon the stipulation of the attorneys for the respective parties, dated August 10, 2005, and August 12, 2005, it is
ORDERED that the affidavit of intent to seek leave to appeal from the order dated June 29, 2005, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29523
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2005-07522 In the Matter of Glen Arbor Golf Club, LLC, appellant, v Corjen Construction, LLC, respondent.
(Index No. 936/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay arbitration proceedings between the parties, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered July 1, 2005.
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., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29522
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2005-01982 In the Matter of Kitson & Kitson, etc., petitioner-respondent, v City of Yonkers, et al., respondents-respondents; Peter G. McKiernan, et al., intervenors-respondents; Lawrence H. Bloom, intervenor-appellant. (Proceeding No. 1) (Index No. 18747/01) In the Matter of Lawrence H. Bloom, petitioner-appellant, v City of Yonkers, et al., respondents-respondents; Peter G. McKiernan, et al., intervenors-respondents. (Proceeding No. 2) (Index No. 11714/02)
| 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, Westchester County, entered February 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29519
Y/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2005-05707 In the Matter of "Male" M. (Anonymous), a/k/a Micah M. (Anonymous). Harlem Dowling-Westchester Center for Children and Family Services, petitioner- respondent; Deborah M. (Anonymous), appellant, et al., respondent.
(Docket No. B-32463/03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, inter alia, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated March 25, 2005, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition 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 appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before September 19, 2005, 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 appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before October 19, 2005, 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 appeal; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29516
Y/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2005-01083 In the Matter of Leslie McIver-Heyward, respondent, v Richard Heyward, appellant. (Docket Nos. V-3639-03, V-3804-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for summary reversal of an appeal from an order of the Family Court, Rockland County, dated December 29, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29501
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2005-02452
In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Veronica Gonzalez, respondent. (Index No. 9191/04)
| 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 November 18, 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
M29514
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2005-02686 In the Matter of Paul Palmieri, appellant, v New York State Department of Environmental Conservation, respondent. (Index No. 04-13500)
| 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 5, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 4, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M28810
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
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2005-03533 In the Matter of Roanoke Sand & Gravel Corp., respondent, v Town of Brookhaven, et al., appellants.
(Index No. 15447/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from a judgment of the Supreme Court, Suffolk County, dated April 4, 2005, in effect, to enlarge the record on appeal to include certain documents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29518
Y/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2004-04632 In the Matter of Michael D. D. S. (Anonymous). Kevin W. (Anonymous), appellant. (File No. 43754)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge record on an appeal from an order of the Surrogate's Court, Nassau County, dated April 26, 2004, to include the affirmation of Judith Ellen Stone, Esq., dated July 17, 2005.
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., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29497
L/
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2005-02298
In the Matter of Travelers Property Casualty Company, appellant, v Caroline Gahtan, et al., respondents.
(Index No. 28914/04)
| 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 January 26, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M29200
F/
ROBERT W. SCHMIDT, J.
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2005-06138 The People, etc., plaintiff, v Christopher Daley, a/k/a Carl Henry, defendant. (Ind. No. 01-01036)
| 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, Westchester County, dated July 12, 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.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M29484
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GABRIEL M. KRAUSMAN, JJ.
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2004-08806 The People, etc., plaintiff, v Mian Farooq, defendant. (Ind. No. 2112/99)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 20, 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.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division : Second Judicial Department
M29201
F/
ROBERT W. SCHMIDT, J.
|
2005-05520, 2005-06323 The People, etc., plaintiff, v Daniel Felder, defendant. (Ind. No. 84209)
| 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 two orders of the County Court, Nassau County, dated February 9, 2005, and May 13, 2005, respectively, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M29502
T/sl
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2002-08137 The People, etc., respondent, v Tamara Horvath, appellant. (Ind. No. 166/95)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered August 2, 2002.
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
M29531
T/sl
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2003-02308 The People, etc., respondents, v Peter LaRocco, appellant. (Ind. No. 186/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, rendered February 25, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 11, 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
M29538
S/sl
|
2004-05744
The People, etc., respondent, v Shawn Owens, appellant. (Index No. 4805/03)
| 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 a judgment of the Supreme Court, Kings County, dated June 16, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29520
L/
GABRIEL M. KRAUSMAN, JJ.
|
2004-09194 The People, etc., plaintiff, v DeAndre Williams, a/k/a David Williams, defendant. (Ind. No. 97-01571)
| 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, Westchester County, dated September 29, 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.
GABRIEL M. KRAUSMAN
Associate Justice