Appellate Division: Second Judicial Department

M15415

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2004-03993, 2004-04130 Mariann Berliner, appellant-respondent, v Ira Berliner, respondent-appellant. (Index No. 2357/02)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Westchester County, dated February 11, 2004, and April 16, 2004.

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 September 30, 2004 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15413

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2004-00072 Barrett Byrnes, respondent, v Charlesworth Varlack, et al., appellants. (Index No. 378/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated December 8, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 18, 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

M15428

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2004-02243 Jorge Chelli, respondent, v Banle Associates, LLC, appellant (and a third-party action). (Index No. 841/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered February 23, 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

M15401

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ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-01496 John Cotto, etc., et al., respondents, v New York City Housing Authority, appellant. (Index No. 8425/01)

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, Kings County, dated January 9, 2004.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted and the 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

M15421

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2004-00560 Susan Scliessman Danza, appellant, v Steven Anthony Danza, etc., et al, respondents. (Index No. 15524/89)

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 October 28, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 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

M15422

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2004-00345 Robert May, et al., respondents, v City of New Rochelle, appellant. (Index No. 21700/02)

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, dated December 30, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 22, 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

M15425

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2004-01981 David Mohammed, plaintiff-appellant, v Islip Food Corp., d/b/a C-Town Supermarket, et al., respondents, 2-32C Wheeler Road, Inc., defendant-appellant. (Index No. 11109/00)

ORDER ON APPLICATION

Application by the defendant-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 27, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until September 20, 2004, and the joint record or appendix on the appeal and the appellants' briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15427

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FRED T. SANTUCCI, J.P.

NANCY E. SMITH

SONDRA MILLER

BARRY A. COZIER

STEVEN W. FISHER, JJ.

2003-09462 Mortgage Access Corp., d/b/a Weichert Financial Services, respondent, v Felecia Webb, appellant, et al., defendants. (Index No. 11073/02)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated September 10, 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 serve and file a brief is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until September 7, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that on the court's own motion the appellant's reply brief, if any, shall be served and filed on or before September 22, 2004; and it is further,

ORDERED that the motion is otherwise denied.

SANTUCCI, J.P., SMITH, S. MILLER, COZIER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15411

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2004-00476 Joseph Peritore, appellant, v Don-Alan Realty Associates, Inc., et al., respondents. (Index No. 3997/98)

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, Kings County, dated November 17, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 10, 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

M15420

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A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

2003-05918 Gerard L. Petrosino, et al., respondents, v J. A. Bonilla Vasquez, appellant. (Index No. 28985/01)

DECISION & ORDER ON MOTION

The defendant, J. A. Bonilla Vasquez, having appealed to this court from an order of the Supreme Court, Kings County, dated May 23, 2003, and having perfected the appeal on December 5, 2003, responding and reply briefs having been filed on February 6, 2004, and February 13, 2004, respectively, the matter was placed on this court's calendar for April 14, 2004. On April 13, 2004, counsel for the appellant notified this court that the parties had settled the action and that the appellant wished to withdraw the appeal. By letter dated April 14, 2004, counsel for the appellant advised this court, inter alia, that a settlement had been finalized on March 11, 2004. The stipulation of discontinuance of the action attached to the letter was dated February 20, 2004. By order to show cause dated June 17, 2004, the parties or their counsel were directed to show cause why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.

Now on the court's own motion and upon the papers filed in opposition thereto, it is

ORDERED that within 20 days after the service upon them of a copy of this decision and order on motion, the law firms of Cheeven, Keely & Hatzis, counsel for the appellant, and John J. Guadagno, P.C., counsel for the respondent, are each directed to pay a sanction in the sum of $250 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,

ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.

Section 670.2(g) of the rules of this court provides in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).

Under the circumstances, the parties' failure to promptly advise this court that the action had been settled warrants imposition of sanctions in the amounts indicated.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15409

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ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2003-10891 Beatrice Putter, etc., et al., appellants, v North Shore University Hospital, et al., respondents. (Index No. 14032/02)

DECISION & ORDER ON MOTION

Motion by the appellants to substitute Beatrice Putter, as executor of the estate of Milton Putter, for the deceased appellant, Milton Putter, on an appeal from an order of the Supreme Court, Nassau County, entered August 8, 2003.

Upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and Beatrice Putter, as executor of the estate of Milton Putter, is substituted for the deceased appellant, Milton Putter, and the caption has been amended accordingly.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15426

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2004-01881, 2004-01883 Town of Brookhaven, appellant, v Celia Durao, respondent. (Index No. 18713/01)

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, Suffolk County, dated December 2, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 13, 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

M15416

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ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-03132 In the Matter of David Gallegos, appellant, v Administration for Children's Services, et al., respondents. (Docket No. V-36564/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to renew his motion for leave to prosecute an appeal from an order of the Family Court, Kings County, dated February 25, 2004, 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 or relation thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15417

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THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2004-03274 In the Matter of Alejandro Henriquez, appellant, v John H. Nuttal, etc., respondent. (Index No. 4737/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated January 16, 2004, 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 or relation thereto, it is

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall 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 those branches of the motion which are for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel are denied; and it is further,

 ORDERED that on the court's own motion, 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 his brief on the appeal is enlarged until October 25, 2004.

ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15418

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2004-00405 In the Matter of Montobello Woods, Inc., respondent, v Zoning Board of Appeals of Village of Montebello, appellant. (Index No. 3318/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated December 22, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 7, 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

M15414

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DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-04757 In the Matter of Timothy Shockome, respondent, v Yevgenia Shockome, appellant. (Proceeding No. 1) In the Matter of Yevgenia Shockome, appellant, v Timothy Shockome, respondent. (Proceeding No. 2) (Docket Nos. V-5156/02, V-5157/02, V-5620/02, V-5621/02, O-5362/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Dutchess County, entered May 10, 2004, inter alia, to transfer custody of the subject children to the appellant and to provide limited visitation to the respondent, 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.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M15423

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2003-03322 The People, etc., respondent, v Shakir Hasan, appellant. (Ind. No. 1860/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered March 26, 2003.

ORDERED that the application is granted and 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 his brief on the appeal is enlarged until September 21, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M14460

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WILLIAM F. MASTRO, J.

2004-04414 The People, etc., respondent, v Gary Nau, appellant. (Ind. No. 99514/97)

DECISION, ORDER & CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated April 5, 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 granted; the defendant is granted leave to appeal from the order of the County Court, Nassau County, dated April 5, 2004, made in this case; and it is further,

CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,

ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.

WILLIAM F. MASTRO

Associate Justice

Appellate Division: Second Judicial Department

M14461

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FRED T. SANTUCCI, J.P.

HOWARD MILLER

STEPHEN G. CRANE

ROBERT A. SPOLZINO, JJ.

2004-04414 The People, etc., respondent, v Gary Nau, appellant. (Ind. No. 99514/97)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment

Motion by the defendant for leave to prosecute an appeal from an order of the County Court, Nassau County, dated April 5, 2004, which denied his motion to vacate a judgment of conviction against him, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition or 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 hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Arza Feldman, Esq.

300 Rabro Drive

Hauppauge, New York 11788

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.

SANTUCCI, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court