Appellate Division: Second Judicial Department
M29684
Y/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2003-09954 Frances Bein, appellant, v County of Nassau, et al., respondents. (Index No. 17884/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated April 14, 2005, which determined an appeal from an order of the Supreme Court, Nassau County, dated September 22, 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.
RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29659
J/sl
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2004-06912
Paulette Butler, et al., appellants, v New York City Housing Authority, respondent, et al., defendant. (Index No. 43452/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, entered July 9, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29676
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
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2004-04641 Mary Careccia, respondent, v Metropolitan Suburban Bus Authority, d/b/a MTA Long Island Bus, et al., appellants, et al., defendant. (Index No. 19019/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered April 30, 2004, which was determined by decision and order of this court dated May 31, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29691
Y/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-05658 City Line Rent A Car, Inc., et al., appellants, v Alfess Realty, LLC, respondent. (Index No. 28835/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, in effect, to stay a holdover proceeding entitled Matter of Alfess Realty, LLC, v City Line Auto Mall, Inc., pending in the Civil Court, Queens County, under Index No. 065544/05 pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 19, 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.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29613
C/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2004-11094, 2004-11096 Commissioners of State Insurance Fund, respondent, v Restoration Management Services, Inc., appellant. (Index No. 5907/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from (1) an order of the Supreme Court, Westchester County, dated October 19, 2004, and (2) a judgment of the same court entered October 21, 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 granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until October 4, 2005, and the record or appendix on the appeals and the appellant'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.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29649
J/sl
|
2005-01471
Federal National Mortgage Association, etc., appellant, v Peter Katz, et al., respondents. (Index No. 19840/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated January 3, 2005.
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
M29633
E/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
FRED T. SANTUCCI
ROBERT A. SPOLZINO, JJ.
|
2003-10260 Denise Filaski-Fitzgerald, et al., appellants, v Town of Huntington, respondent, et al., defendant. (Index No. 31195/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated October 10, 2003, which was determined by decision and order of this court dated May 16, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
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., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29064
M/nal
|
2005-07354 Carol Glick, respondent, v Russell Glick, appellant. (Index No. 005888-99)
| SCHEDULING ORDER |
Appeal by Russell Glick from an order of the Supreme Court, Nassau County, dated May 5, 2005. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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) 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
M29673
C/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2003-06890 Jason Grodski, appellant, v Greenpoint Bank, respondent, et al., defendants. (Index No. 20078/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated March 28, 2005, which determined an appeal from an order of the Supreme Court, Queens County, dated May 20, 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.
SCHMIDT, J.P., ADAMS, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29635
S/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05366 Robert M. Helmke, appellant, v James B. Shannon, respondent. (Index No. 4006/02)
| ORDER TO SHOW CAUSE |
Appeal by the plaintiff from an order of the Supreme Court, Rockland County, entered May 21, 2004. By decision and order on motion dated July 8, 2005, as amended by decision and order on motion dated August 11, 2005, the appellant, was directed to file a supplemental record on or before August 26, 2005, containing the respondent's reply memorandum of law submitted to the Supreme Court, Rockland County, in connection with the underlying motion. The supplemental record has not been filed.
Now, on the court's own motion, it is
ORDERED that the parties or their attorneys are directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the appellant has not filed a supplemental record in accordance with the decision and order on motion dated July 8, 2005, as amended by decision and order on motion dated August 11, 2005, by filing affirmations on that issue with the Clerk of this court on or before October 7, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.
CRANE, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29069
M/nal
|
2005-07103 Thomas A. Jackson, respondent, v Kim Jackson, appellant. (Index No. 06296/96)
| SCHEDULING ORDER |
Appeal by Kim Jackson from an order of the Supreme Court, Suffolk County, dated June 20, 2005. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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) 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
M29526
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2004-10427 Vergie Jenkins-Watson, appellant, v Golabi Holdings, LLC, et al., respondents.
(Index No. 35984/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated November 24, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on 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 granted; and it is further,
ORDERED that the respondents' time to serve and file their respective briefs is enlarged to October 7, 2005, and the respondents' respective briefs shall be served and filed on or before that date.
H. MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29639
E/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-01042 Thomas E. Meyer, et al., appellants, v Joseph Martin, et al., defendants, Modern Italian Bakery of West Babylon, Inc., et al., respondents. (Index No. 26620/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents Augie's Distribution Corp. and Augustino Moronese for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated January 21, 2004, which was determined by decision and order of this court dated March 28, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., SANTUCCI, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29733
Y/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-02440 Maria Morejon, etc., respondent, v Rais Construction Company, et al., appellants, et al., defendants. (Index No. 30033/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated February 26, 2004, which was determined by decision and order of this court dated May 16, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
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 for reargument is denied; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to the Court of Appeals is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this court dated May 16, 2005, properly made?
Questions of law have arisen, which, in our opinion ought to be reviewed by the Court of Appeals (see CPLR 5713).
COZIER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29587
C/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2004-07502 Hector Negron, et al., respondents, v City of New York, appellant.
(Index No. 8343/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the jury selection and trial in the above-entitled action pending determination of an appeal from an order of the Supreme Court, Kings County, dated March 23, 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 jury selection and trial in the above-entitled action are stayed pending determination of the appeal.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29627
Y/sl
BARRY A. COZIER, J.P.
FRED T. SANTUCCI
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-08053 Rainbow Hill Homeowners Association, Inc., plaintiff, v Gigante, Inc., d/b/a Celebration for Kids, defendant.
(Index No. 12980/04)
| DECISION & ORDER ON MOTION |
Motion by Gigante, Inc., d/b/a Celebration For Kids, for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated August 12, 2005, and to stay all proceedings in the above entitled action and in a matter entitled Matter of Rainbow Hill Homeowners Assn. v Gigante, Inc., pending in the Civil Court, Richmond County, under Index No. 50249/05.
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 for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is for a stay of all proceedings is granted, and all proceedings in the above entitled action and the matter entitled Matter of Rainbow Hill Homeowners Assn. v Gigante, Inc., pending in the Civil Court, Richmond County, under Index No. 50249/05, are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 11, 2005; and it is further,
ORDERED that if the appeal is not perfected on or before October 11, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days notice.
COZIER, J.P., SANTUCCI, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29653
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-09654 Christina Rallo, et al., appellants, v City of New York, et al., respondents. (Index No. 6596/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered October 5, 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 it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until October 27, 2005, and the record or appendix on the appeal and the appellants' 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.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29667
C/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-04440 Christine Rosado, etc., et al., plaintiffs-respondents, v Briarwoods Farm, Inc., defendant third-party and second third-party plaintiff-appellant-respondent, Monsey Lumber & Building Supply Corp., defendant- appellant, et al., defendants third-party and second third-party plaintiffs; Thomas Scarpulla, Inc., second third-party defendant-appellant. (Index No. 5596/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 6, 2005, which determined an appeal from an order of the Supreme Court, Orange County, dated April 14, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
Appellate Division: Second Judicial Department
M29068
M/nal
|
2005-07041 Seraphima Shagoury, respondent, v Stephen Shagoury, appellant. (Index No. 18409/02)
| SCHEDULING ORDER |
Appeal by Stephen Shagoury from a judgment of the Supreme Court, Queens County, dated May 24, 2005. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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) 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
M29650
O/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-08052 Elisheva Sinensky, appellant, v Arthur Weiner, et al., respondents. (Index No. 9555/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated July 29, 2005, 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.
FLORIO, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29641
O/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-07975 John E. Stratford, Jr., plaintiff, v Chrysler Financial Company, LLC, respondent, Edward Avin, et al., appellants. (Index No. 010819/02)
| 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, Richmond County, dated August 15, 2005.
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 trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 11, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 11, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29624
E/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
2005-08274 Chana Taub, appellant, v Simon Taub, respondent. (Index No. 18748/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated August 29, 2005, 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 on the court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the motion is granted and enforcement of the order dated August 29, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 11, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 11, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., FLORIO, H. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29645
J/sl
|
2005-00795 Arif Yurteri, appellant, v Temel Artukmac, et al., respondents. (Index No. 14999/98)
| 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, Suffolk County, dated July 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 23, 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
M29070
M/nal
|
2005-07773 In the Matter of Belal A. A. (Anonymous), appellant. (Docket No. D-21697-04)
| SCHEDULING ORDER |
Appeal by Belal A. A. from an order of the Family Court, Suffolk County, dated July 7, 2005. 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
M29571
C/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-07364 In the Matter of Continental Insurance Company, appellant-respondent, et al., petitioners, v Robert Bautz, et al., respondents-respondents, State Farm Insurance Company, respondent-appellant. (Index No. 3157/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay arbitration proceedings between the parties pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2005.
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 arbitration proceedings between the parties are stayed pending hearing and determination of the appeal.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29065
M/nal
|
2005-07771 In the Matter of Daniel Dobbins, respondent, v Nancy Vartabedian, appellant. (Docket No. V-2596-98)
| SCHEDULING ORDER |
Appeal by Nancy Vartabedian from an order of the Family Court, Suffolk County, dated July 7, 2005. 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
M29686
Y/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-10691 In the Matter of Terence Dolce, respondent, v Nassau County Traffic and Parking Violations Agency, appellant. (Index No. 12160/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered October 27, 2003, which was determined by decision and order of this court dated July 5, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., SANTUCCI, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29661
C/sl
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2004-04152 In the Matter of Sikorska Eleonora, appellant, v New York State Office of Temporary and Disability Assistance, etc., respondent. (Index No. 21864/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated April 16, 2004, which was determined by decision and order of this court dated June 20, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29067
M/nal
|
2005-07769 In the Matter of James Gleeson, appellant, v Isabel D. Restrepo, respondent. (Docket No. V-1041-99)
| SCHEDULING ORDER |
Appeal by James Gleeson from an order of the Family Court, Suffolk County, dated July 15, 2005. 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
M29066
M/nal
|
2005-07708 In the Matter of Robert Livingstone, appellant, v Bonnie Livingstone, respondent. (Docket No. O-04796-05)
| SCHEDULING ORDER |
Appeal by Robert Livingstone from an order of the Family Court, Nassau County, dated June 29, 2005. 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
M29637
S/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2005-03390 In the Matter of Salvatore Morocco, appellant, v Tara Caporicci, respondent. (Docket No. V-1289-04)
| DECISION & ORDER ON MOTION |
Appeal by Salvatore Morocco from an amended order of the Family Court, Suffolk County, dated March 16, 2005. By decision and order on motion dated July 28, 2005, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted and the following attorney was assigned to prosecute the appeal:
Stanley E. Gelzins, Esq.
83 Pleasant Street
Huntington, New York 11743
Now, on the court's own motion, it is
ORDERED that the decision and order on motion dated July 28, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to prosecute an appeal from an amended order of the Family Court, Suffolk County, dated March 16, 2005, 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; and it is further,
ORDERED that former assigned counsel is directed to turn over all papers in this action to the Clerk of this court.
SCHMIDT, J.P., S. MILLER, GOLDSTEIN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29643
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
| (Docket Nos. V-5451/03, V-5452/03)
| 2004-01019DECISION & ORDER ON MOTION In the Matter of Curtis Vann, petitioner-respondent, v Jennifer Vann, appellant, et al., respondent. |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated January 31, 2005, which determined an appeal from an order of the Family Court, Orange County, entered January 14, 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.
FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29630
E/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
DAVID S. RITTER
FRED T. SANTUCCI, JJ.
|
1997-11757 The People, etc., respondent, v Thurman Brown, appellant. (Ind. No. 96469)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, rendered December 1, 1997, which was determined by decision and order of this court dated February 22, 1999.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to the appellant making an application for a writ of error coram nobis on the ground that he was deprived of effective assistance of appellate counsel because appellate counsel failed to argue that there was a transcription error in the grand jury minutes.
PRUDENTI, P.J., FLORIO, RITTER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29696
Y/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2003-07276 The People, etc., respondent, v Kareem Broxton, appellant.
(Ind. No. 1351/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 25, 2003.
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 it is further,
ORDERED 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 his brief on the appeal is enlarged until October 11, 2005.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29655
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2001-05692 The People, etc., respondent, v Howard Campbell, appellant. (Ind. No. 6218/00)
| 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 Supreme Court, Kings County, rendered June 18, 2001.
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 appellant's supplemental pro se brief shall be served and filed on or before October 13, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental pro se brief and serve one copy on the District Attorney; and it is further,
ORDERED that no further enlargements of time shall be granted.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29386
L/
ROBERT A. LIFSON, JJ.
|
2005-07084 The People, etc., plaintiff, v Anthony DiSimone, defendant. (Ind. No. 97-01782)
| 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 June 30, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division : Second Judicial Department
M29680
F/
A. GAIL PRUDENTI, P.J.
|
2005-06540 The People, etc., plaintiff, v Lamarr Little, defendant. (Ind. No. 7596/99)
| 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, Kings County, dated May 16, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division : Second Judicial Department
M29679
F/
A. GAIL PRUDENTI, P.J.
|
2005-05852 The People, etc., plaintiff, v Ahmed McLean, defendant. (Ind. No. 2915/98)
| 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 May 4, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division: Second Judicial Department
M29647
S/sl
DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2002-05719, 2002-05743, 2004-10512 The People, etc., respondent, v Richard Montalvo, appellant. (Ind. Nos. 97-01267, 99-01250, 00-00014)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 14, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant on appeals from three judgments of the Supreme Court, Westchester County, all rendered May 22, 2002, in effect, to extend his time to take an appeal from the judgment rendered May 22, 2002, under Indictment No. 99-01250, for leave to prosecute that appeal as a poor person, to assign John P. Savoca, Esq., as counsel, for leave to serve and file a supplemental brief raising issues relating to the plea proceedings under Indictment No. 99-01250, and to strike footnote four of the respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to extend the time to take an appeal from the judgment rendered May 22, 2002, under Indictment No. 99-01250, for leave to prosecute the appeal as a poor person, and to assign John P. Savoca, Esq., as counsel are denied as unnecessary since the defendant filed a timely notice of appeal from the judgment rendered May 22, 2002, under Indictment No. 99-01250, and in light of the decision and order on motion of this court dated December 6, 2004; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief raising issues relating to the plea proceedings under Indictment No. 99-01250 is granted, and on or before October 7, 2005, the appellant shall serve and file a supplemental brief raising issues, if any, relating to the plea proceedings under Indictment No. 99-1250; and it is further,
ORDERED that the People, if they be so advised, may file a response to the appellant's supplemental brief on or before November 14, 2005; and it is further,
ORDERED that the branch of the motion which is to strike footnote four of the respondent's brief is granted, and on or before August 12, 2005, the respondent shall delete or remove that footnote from the copies of the brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material.
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M29678
F/
A. GAIL PRUDENTI, P.J.
|
2005-05895 The People, etc., plaintiff, v Tislam Moore, defendant. (Ind. No. 14177/96)
| 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, Kings County, dated May 23, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division : Second Judicial Department
M29677
K/sl
A. GAIL PRUDENTI, P.J.
|
2005-06896 The People, etc., respondent, v Bernard Sebastian, appellant.
(Ind. No. 307/99)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Richmond County, dated June 17, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted; the defendant is granted leave to appeal from the order of the Supreme Court, Richmond County, dated June 17, 2005, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
A. GAIL PRUDENTI
Presiding Justice