Appellate Division: Second Judicial Department
M29757
O/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
ROBERT A. LIFSON
MARK C. DILLON, JJ.
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2005-00255, 2005-00488 Juan R. Andino, et al., respondents, v Monroe Truck Leasing, Inc., et al., appellants. (Index No. 49693/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated October 8, 2004, and November 3, 2004, respectively.
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., CRANE, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29795
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2005-02720
Piotr Bachurski, et al., appellants, v Polish & Slavic Federal Credit Union, et al., respondents. (Index No. 10863/03)
| 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, Queens County, dated February 7, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29687
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2005-01474
Greg Beyl, et al., appellants, v Marion Franchini, et al., respondents. (Index No. 02981/03)
| 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, Westchester County, dated December 14, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 21, 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
M29781
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2005-02420 Joanne Candela, appellant, v George Kiel, respondent. (Index No. 5014/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated February 2, 2005.
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 her brief on the appeal is enlarged until November 3, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29710
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2005-00670
Douglas Casement, appellant, v Thomas J. O'Neill, et al., respondents. (Index No. 3880/04)
| 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, Dutchess County, dated December 3, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 14, 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
M29682
S/sl
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2005-01401
Yolanda Chance, appellant, v Kenneth S. Felder, et al., respondents. (Index No. 13033/02)
| 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, Kings County, dated September 29, 2004.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on September 7, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29703
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2005-00692
Bennett A. Cohen, appellant, v Wallace & Minchenberg, et al., respondents. (Index No. 29307/02)
| ORDER ON APPLICATION |
Application by the respondents Wallace & Minchenberg, Fred Wallace, and Alfred Minchenberg 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 November 30, 2004.
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
M29690
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DAVID S. RITTER, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2005-02546 John Desiderio, appellant-respondent, v Peter DeVani, etc., respondent, Sunil Parikh, respondent-appellant. (Index No. 9557/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Nassau County, entered March 3, 2005, inter alia, for leave to reargue the motion by the appellant-respondent to dismiss the cross appeal on the ground that the respondent-appellant has not paid for his share of the joint record, and the cross motion by the respondent-appellant to dismiss the appeal on the ground that the order entered March 3, 2005, is a nonfinal order, which motion and cross motion were determined by decision and order on motion of this court dated July 8, 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; and it is further,
ORDERED that on the court's own motion, the time of the respondent-appellant to comply with the provision of the decision and order on motion of this court dated July 8, 2005, that granted the motion to dismiss the cross appeal unless the respondent-appellant paid his share of the cost of the joint record and filed proof of payment with the Clerk of this court is enlarged until September 29, 2005.
RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29718
S/sl
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2005-01940 Paula Diaz, appellant, v Paulette Bryant, et al., respondents. (Index No. 30631/99)
| ORDER ON APPLICATION |
Application by the respondent Shameeka Hunter pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 21, 2004. Separate application by the respondent Paulette Bryant for the same relief.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until October 21, 2005, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29510
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2005-07843 Raelene English, respondent, v Wilford English, appellant.
(Index No. 28745/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated July 7, 2005.
Upon the papers filed in support of the motion and upon the consent of the respondent, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action 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 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.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29768
T/sl
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2005-02872 Paul E. Faulkner, appellant, v Leonard D. Steinman, respondent. (Index No. 10812/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 8, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 18, 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
M29790
O/sl
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
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2005-00587 Eustorgio Felipe, et al., appellants, v 2820 West 36th Street Realty Corp., respondent. (Index No. 29814/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated December 15, 2004, which was determined by decision and order of this court dated July 18, 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, with $100 costs.
ADAMS, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29743
S/sl
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2004-06989
Rosa Fellin, et al., appellants, v Vivek Sahgal, etc., et al., respondents.
(Index No. 4129/93)
| 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, Kings County, dated July 13, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before September 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29735
M/nal
|
2005-00740 Anthony Formosa, respondent, v Karen Tina Litt, appellant. (Index No. 15171/02)
| SCHEDULING ORDER |
Appeal by Karen Tina Litt from an order of the Supreme Court, Nassau County, dated January 13, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 22, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M29626
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THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-08007 Guaranteed Home Mortgage Co., Inc., plaintiff-respondent, v Alexandra Kolkunova, appellant, et al., defendants; Clifford Siegel, intervenor-respondent.
(Index No. 10706/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the sale of the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated August 22, 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
M29754
Y/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-07085 Nachama Hirsch, plaintiff, v Benjamin Hirsch, et al., defendants; High Spruce Associates, LP, nonparty-appellant; Jeffrey Goldstein, etc., nonparty-respondent. (Index No. 20231/97)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay all proceedings to settle the account of the receiver of the subject property pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 26, 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.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29707
S/sl
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2005-01502
Mark Hodge, respondent, v Losquadro Fuel Corp., et al., appellants. (Index No. 24923/01)
| 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 a judgment of the Supreme Court, Queens County, dated November 23, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 7, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellants' reply brief, if any, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8(b).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29726
S/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2003-04221
Dean M. Hogan, etc., respondent, v Jeannie Baker, appellant. (Index No. 30153/01)
| DECISION & ORDER ON APPLICATION |
Application by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2003, to substitute Dean M. Hogan, as executor of the estate of Naomi Anderson, for the deceased plaintiff, Naomi Anderson.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and Dean M. Hogan, as executor of the estate of Naomi Anderson, is substituted for the deceased plaintiff, Naomi Anderson, and the caption of the appeal is amended accordingly.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29712
S/sl
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2002-00161 Givi Kobiashvilli, et al., plaintiffs-respondents, v Mitchell Hill, et al., appellants, Valange Garage Systems, Inc., defendant-respondent, et al., defendant. (Index No. 5331/98)
| ORDER ON APPLICATION |
Joint application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Queens County, dated November 9, 2001.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until October 12, 2005, and the respondents' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29717
S/sl
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2005-04771
Lucio Laduca, respondent, v Levidow, Levidow & Oberman, etc., et al., appellants (and third-party actions). (Index No. 42874/01)
| 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, Kings County, dated May 3, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 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
M29785
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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 plaintiff-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 plaintiff-respondent's time to serve and file a brief is enlarged until October 26, 2005, and the plaintiff-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
M29770
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2005-00766
Marie Michel, plaintiff-respondent, v Mainco Elevators Industries, Inc., defendant-respondent, Long & DeLosa, appellant. (Index No. 34956/01)
| ORDER ON APPLICATION |
Application by the plaintiff-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 July 7, 2004, and cross application by the defendant-respondent for the same relief.
ORDERED that the applications are granted and the time of the plaintiff-respondent and the defendant-respondent to serve and file briefs is enlarged until October 4, 2005, and the briefs of the plaintiff-respondent and the defendant-respondent must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29793
E/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-05489
Frances Moog, etc., et al., appellants, v City of New York, defendant, Staten Island University Hospital, et al., respondents. (Index No. 11711/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Richmond County, dated May 12, 2005, to enlarge the record on appeal to include certain documents and to enlarge the time to serve and file a brief.
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 record on appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until October 12, 2005, and the respondents' 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.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29787
E/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-08105 Lillian Rivera, etc., et al., plaintiffs, v New York City Housing Authority, defendant third-party plaintiff-respondent, Mainco Elevator Co., defendant third-party defendant-appellant.
(Index No. 43615/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 4, 2005, in effect, to deem the notice of appeal timely served and filed, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal. Cross motion by the respondent to dismiss the appeal on the ground that it was untimely taken.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted; and it is further,
ORDERED that the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the motion is denied.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29628
A/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT R. LUNN, JJ.
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2005-07274 Gabriel Sarmiento, plaintiff, v Klar Realty Corp., et al., defendants, Victor Zucchi and Son, Inc., defendant third-party plaintiff-respondent; Dan Olah Exteriors, Inc., third-party defendant- appellant.
(Index No. 7462/00)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered June 29, 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.
CRANE, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29713
S/sl
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2004-07656
Robert Schirmer, et al., plaintiffs-respondents, v Robert A. Penkert, defendant third-party plaintiff-appellant; M & R Marcus Company East Meadow, Ltd., third-party defendant-respondent. (Action No. 1) (Index No. 00364/97) Robert Schirmer, et al., plaintiffs, v Utica First Insurance Company, defendant third-party plaintiff- respondent; Robert A. Penkert, third-party defendant- appellant. (Action No. 2) (Index No. 22366/98) Robert A. Penkert, d/b/a Woodcleft Cabinet Co., appellant, v Utica First Insurance Company, et al., respondents. (Action No. 3) (Index No. 22464/99)
| ORDER ON APPLICATION |
Application by the Utica First Insurance Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated June 4, 2004.
ORDERED that the application is granted and the time of Utica First Insurance Company to serve and file a brief is enlarged until October 11, 2005, and the brief of that respondent must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29761
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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 October 5, 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
M29745
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ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-07165 Mark Tanenbaum, respondent, v Andrea Caputo, appellant. (Index No. 7165/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the enforcement of so much of an amended order of the Supreme Court, Westchester County, dated May 11, 2005, as directed that the appellant "shall be solely responsible for all maintenance payments and assessments on the residence, and the parties shall equally share the mortgage payments and real estate taxes...commencing September 1, 2005," 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 granted, and enforcement of so much of the amended order dated May 11, 2005, as directed that the appellant "shall be solely responsible for all maintenance payments and assessments on the residence, and the parties shall equally share the mortgage payments and real estate taxes...commencing September 1, 2005" is stayed, pending hearing and determination of the appeal, on condition that the appellant perfect the appeal 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.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29736
Y/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-07350
Nerry Travessi, plaintiff, v Command Bus Co., Inc., defendant. (Index No. 4688/95)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Command Bus Co., Inc., for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial District, dated March 31, 2005, which reversed an order of the Civil Court City of New York, Kings County, entered October 28, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29778
T/sl
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2004-11065, 2004-11066 Phillip Walker, appellant, v Chaman Koul, respondent. (Index No. 3697/03)
| 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 March 12, 2004, and October 13, 2004, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 13, 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
M29720
S/sl
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2005-00140
Charles Dun-Sheng Yan, appellant, v Nancy Klein, appellant. (Index No. 13587/04)
| 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 November 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 21, 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
M29683
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2004-09261
Leszek Zukowski, et al., appellants, v Yury Gokhberg, et al., defendants, V&V Construction Corporation, respondent. (Index No. 28062/01)
| 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, Kings County, dated September 30, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 13, 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
M29748
C/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-07773 In the Matter of Belal A. A. (Anonymous), appellant. (Docket No. D-21697-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Suffolk County, dated July 7, 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., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29705
M/nal
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2005-05927
In the Matter of Darryl A. (Anonymous), appellant. (Docket No. E-12733/04)
| ORDER TO SHOW CAUSE |
Appeal by Darryl A. from an order of the Family Court, Nassau County, dated May 19, 2005. By scheduling order dated July 1, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 1, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29738
M/nal
|
2005-00935 In the Matter of Christopher B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Norma N. (Anonymous), appellant, et al., respondent. (Docket Nos. N-20628-03, N-20629-03)
| SCHEDULING ORDER |
Appeal by Norma N. from an order of the Family Court, Suffolk County, dated April 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 22, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M29721
M/nal
|
2004-04654, 2004-08102, 2004-08104 In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Docket Nos. N-03477-02, N-03478-02, N-03479-02 N-03480-02, N-03481-02, N-03482-02)
| SCHEDULING ORDER |
Appeals by Steven H. from an order of the Family Court, Queens County, dated April 21, 2004 and two orders of the same court dated August 25, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 1, 2005, and the law guardian's brief was served and filed on August 11, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeals is enlarged until September 19, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29722
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|
2005-05873 In the Matter of Starkia M. B. (Anonymous), appellant. (Docket No. D-571-05)
| SCHEDULING ORDER |
Appeal by Stakia M. B. from an order of the Family Court, Orange County, dated May 25, 2005. By decision and order on motion of this court dated August 24, 2005, the following attorney was assigned as counsel on the appeal:
Gary E. Eisenberg, Esq.
129 Brooks Avenue
Monroe, New York 10950
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated August 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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
M29766
T/sl
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2005-01479
In the Matter of Joseph Brancato, petitioner- respondent, v Zoning Board of Appeals of City of Yonkers, respondent-respondent, Thomas O'Donoghue, et al., appellants. (Index No. 13428/04)
| ORDER ON APPLICATION |
Application by the petitioner-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, Westchester County, entered January 21, 2005.
ORDERED that the application is granted and the petitioner-respondent's time to serve and file a brief is enlarged until October 11, 2005, and the petitioner-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
M29716
M/nal
|
2005-02601 In the Matter of Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant, v Paul T. Brzozowski, respondent. (Proceeding No. 1) In the Matter of Paul T. Brzozowski, respondent, v Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen, appellant. (Proceeding No. 2) (Docket Nos. V-1938-03, V-6809-03)
| SCHEDULING ORDER |
Appeal by Alyson B. Brzozowski, a/k/a Alyson Puhn, a/k/a Alyson Cohen from an order of the Family Court, Nassau County, dated February 23, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 11, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vasquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M29695
M/nal
|
2005-04032 In the Matter of Thomas Burt, appellant, v Monique Daloia, respondent. (Docket No. V-03464-01)
| SCHEDULING ORDER |
Appeal by Thomas Burt from an order of the Family Court, Dutchess County, dated March 3, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29715
M/nal
|
2004-09520, 2004-09620 In the Matter of Alexis C. (Anonymous). Administration for Children's Services petitioner-respondent; Valerie C. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Cheyenne C. (Anonymous). Administration for Children's Services petitioner-respondent; Valerie C. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Justin N. (Anonymous). Administration for Children's Services petitioner-respondent; Valerie C. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. N-15008-01, N-15009-01, N-15010-01)
| SCHEDULING ORDER |
Appeals by Valerie C. from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 18, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
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
M29731
M/nal
|
2005-01769 In the Matter of Dederia Simone C. (Anonymous). Administration for Children's Services, respondent; Erica J. (Anonymous), appellant. (Docket No. B-27933/03)
| SCHEDULING ORDER |
Appeal by Erica J. from an order of the Family Court, Kings County, dated December 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 24, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M29685
S/sl
|
2005-02552
In the Matter of City of Middletown, respondent, v City of Middletown Police Benevolent Association, appellant. (Index No. 5342/04)
| 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, Orange County, dated January 10, 2005.
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged, and the brief which was submitted to the Clerk of this court on September 7, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29692
M/nal
|
2004-10296 In the Matter of Justina Rose D. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Charlotte D. (Anonymous), et al., appellants. (Docket Nos. B-3636-04, B-3638-04)
| SCHEDULING ORDER |
Separate appeals by Charlotte D. and Howard D. from an order of the Family Court, Suffolk County, dated November 17, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellants' time to perfect their appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing their respective appellant's briefs is enlarged until September 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29693
M/nal
|
2005-00778 In the Matter of Steven DiGiorgi, appellant, v Carolyn Buda, respondent. (Docket No. F-10330-04)
| SCHEDULING ORDER |
Appeal by Steven DiGiorgi from an order of the Family Court, Suffolk County, dated December 16, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 17, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
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
M29701
M/nal
|
2005-06110
In the Matter of Valerie Dorset, appellant, v Stanley Dorset, respondent. (Docket Nos. F-06998-03, F-09569-03, F-08280-03)
| ORDER TO SHOW CAUSE |
Appeal by Valerie Dorset from an order of the Family Court, Westchester County, dated June 9, 2005. By scheduling order dated July 1, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 1, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29741
M/nal
|
2004-03967 In the Matter of Shamel J. E. (Anonymous), appellant. (Docket No. D-00574-04)
| SCHEDULING ORDER |
Appeal by Shamel J. E. from an order of the Family Court, Dutchess County, dated April 6, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 19, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
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
M29709
M/nal
|
2005-05998
In the Matter of Ellen L. Ellwanger, respondent, v Theodore E. Ellwanger, appellant. (Docket No. O-07197-05)
| ORDER TO SHOW CAUSE |
Appeal by Theodore E. Ellwanger from an order of the Family Court, Suffolk County, dated May 18, 2005. By scheduling order dated July 1, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 1, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29739
M/nal
|
2005-05594, 2005-05595 In the Matter of David Kenny G. (Anonymous). Administration for Children's Services, et al., respondents; Alba G. (Anonymous), appellant. (Docket No. N-09080/05)
| SCHEDULING ORDER |
Appeals by Alba G. from two orders of the Family Court, Queens County, dated May 27, 2005, and June 1, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; 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 appeals to show cause why the appeals 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
M29729
M/nal
|
2005-04264 In the Matter of Kenneth Held, respondent, v Madeline Gomez, appellant. (Docket No. V-2812/97)
| SCHEDULING ORDER |
Appeal by Madeline Gomez from an order of the Family Court, Westchester County, dated March 29, 2005. By decision and order on motion of this court dated August 23, 2005, the following attorney was assigned as counsel on the appeal:
Frank Marocco, Esq.
175 Main Street, Suite 515
White Plains, New York 10601
(914) 948-1410
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated August 23, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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
M29719
M/nal
|
2005-05477 In the Matter of Craig Joosten, appellant, v Carol Joosten, respondent. (Docket No. V-1721/94)
| SCHEDULING ORDER |
Appeal by Craig Joosten from an order of the Family Court, Nassau County, dated May 2, 2005. By decision and order on motion of this court dated August 17, 2005, the following attorney was assigned as counsel on the appeal:
Judith Ellen Stone, Esq.
2819 Harbor Road
Merrick, New York 11566
(516) 867-7936
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated August 17, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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
M29783
E/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-08049 In the Matter of Malcolm E. Kafka, appellant, v Meadowlark Gardens Owners, Inc., respondent.
(Index No. 8748/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated August 8, 2005, inter alia, to stay the sale of the subject premises pursuant to Lien Law § 201.
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., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29767
C/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-07643 In the Matter of Ana L. (Anonymous). Administration for Children's Services, appellant; Jose L. (Anonymous), et al., respondents. (Proceeding No. 1) In the Matter of Christian L. (Anonymous). Administration for Children's Services, appellant; Jose L. (Anonymous), et al., respondents. (Proceeding No. 2) In the Matter of Danny L. (Anonymous). Administration for Children's Services, appellant; Jose L. (Anonymous), et al., respondents. (Proceeding No. 3) In the Matter of Dianna L.(Anonymous). Administration for Children's Services, appellant; Jose L. (Anonymous), et al., respondents. (Proceeding No. 4) In the Matter of Edwin L. (Anonymous). Administration for Children's Services, appellant; Jose L. (Anonymous), et al., respondents. (Proceeding No. 5) In the Matter of Jennifer L. (Anonymous). Administration for Children's Services, appellant; Jose L. (Anonymous), et al., respondents. (Proceeding No. 6) (Docket Nos. N-3227-04, N-3228-04, N-3229-04 N-3230-04, N-3231-04, N-3232-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to continue the custody of the child Jennifer L. with it, and to continue its supervision of the children Ana L., Christian L., Danny L., Dianna L., and Edwin L., pending hearing and determination of an appeal from an order of the Family Court, Queens County, dated August 10, 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, pending hearing and determination of the appeal custody of Jennifer L. is continued with the appellant, and the appellant shall continue its supervision of Ana L., Christian L., Danny L., Dianna L., and Edwin L., 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 terminate the appellant's custody of Jennifer L. and the supervision by the appellant of Ana L., Christian L., Danny L., Dianna L., and Edwin L., or the respondent may move for such relief, on three days notice.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29737
M/nal
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2004-10166 In the Matter of Desiree L. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan L. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Nicole J. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Lisa J. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Amanda J. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Erika J. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-8186-01, N-0204-02, N-08182-01, N-08183-01, N-08184-01, N-08185-01)
| SCHEDULING ORDER |
Appeal by David L. from an order of the Family Court, Dutchess County, dated October 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 26, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M29728
M/nal
|
2005-04769 In the Matter of Edwin Morales, appellant, v Evelyn Bruno, respondent. (Docket Nos. V-38/00, V-39/00)
| SCHEDULING ORDER |
Appeal by Edwin Morales from an order of the Family Court, Kings County, dated April 23, 2005. By decision and order on motion of this court dated August 23, 2005, the following attorney was assigned as counsel on the appeal:
Kenneth M. Tuccillo, Esq.
251 East 61st Street
New York, New York 10021
(914) 439-4843
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated August 23, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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
M29760
Y/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-07545 In the Matter of Nassau County Attorney's Office, petitioner, v Timothy R. (Anonymous), respondent. (Docket No. D-2369-05)
| DECISION & ORDER ON MOTION |
Motion by Timothy R. for leave to appeal to this court from an order of the Family Court, Nassau County, dated August 17, 2005, and to stay all proceedings in the above-entitled matter 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 branch of the motion which is for leave to appeal is denied; and it is further
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29742
M/nal
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2005-03057, 2005-03058 In the Matter of Robert Ollivierra, appellant, v Susan Fateh, respondent. (Docket No. V-16147-04)
| SCHEDULING ORDER |
Appeals by Robert Ollivierra from two orders of the Family Court, Kings County, both dated March 3, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 19, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
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
M29727
M/nal
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2005-05698 In the Matter of Luis Perez, appellant, v Rochelle Hughes, respondent. (Docket Nos. V-00010-02, V-00011-02)
| SCHEDULING ORDER |
Appeal by Luis Perez from an order of the Family Court, Kings County, dated June 2, 2005. By decision and order on motion of this court dated August 23, 2005, the following attorney was assigned as counsel on the appeal:
Michael Fiechter, Esq.
26 Court Street - Suite 600
Brooklyn, New York 11242
(718) 902-4492
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated August 23, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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
M29699
M/nal
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2005-05911
In the Matter of Charles Michael Pisano, appellant, v Loriann Pisano, respondent. (Docket No. V-01810/04)
| ORDER TO SHOW CAUSE |
Appeal by Charles Michael Pisano from an order of the Family Court, Richmond County, dated April 15, 2005. By scheduling order dated July 1, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4)an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 1, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29794
T/sl
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2005-01679 In the Matter of Olga Ricci, et al., appellants, v Harrison Central School District, et al., respondents. (Index No. 14377/04)
| 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, Westchester County, entered January 5, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 31, 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
M29714
M/nal
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2005-05604
In the Matter of Rozita Roshodesh, respondent, v Faramarz Roshodesh, appellant. (Docket Nos. V-03784-02, V-03862-02)
| ORDER TO SHOW CAUSE |
Appeal by Faramarz Roshodesh from an order of the Family Court, Queens County, dated May 9, 2005. By scheduling order dated June 29, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 29, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29694
Y/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
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2005-06259 In the Matter of Sayville Browning Properties, Inc., respondent, v Town of Brookhaven, et al., appellants. (Index No. 7904/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to direct the appellants to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated April 25, 2005, by a date certain, and to vacate any automatic stay which may be in effect pursuant to CPLR 5519(a)(1).
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
M29711
M/nal
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2005-05739
In the Matter of Barbara Stirt, appellant, v Glenn Reed, respondent. (Docket No. F-00897-03)
| ORDER TO SHOW CAUSE |
Appeal by Barbara Stirt from an order of the Family Court, Nassau County, dated March 22, 2005. By scheduling order dated June 29, 2005, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 29, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29732
M/nal
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2004-07956, 2004-07957 In the Matter of Carliph T. (Anonymous), appellant. (Docket No. D-02953/04)
| SCHEDULING ORDER |
Appeals by Carliph T. from two orders of the Family Court, Richmond County, dated July 14, 2004, and August 13, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 19, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
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
M29698
M/nal
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2005-06145
In the Matter of Shulamit Zirkiyeva, respondent, v Albert Shimunov, appellant. (Docket No. F-21072-03)
| ORDER TO SHOW CAUSE |
Appeal by Albert Shimunov from an order of the Family Court, Queens County, dated May 27, 2005. By scheduling order dated July 1, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 1, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before September 19, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29688
S/sl
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2003-03926, 2004-06370
The People, etc., respondent, v Ronald Ackridge, appellant.
(Ind. No. 02-06168)
| 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 a judgment of the County Court, Westchester County, rendered April 17, 2003, and an order of the same court dated May 27, 2004.
ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on September 7, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M29763
F/
GABRIEL M. KRAUSMAN, J.
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2005-01286 The People, etc., plaintiff, v Darryl Byron, defendant. (Ind. No. 113/99)
| 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 January 10, 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.
GABRIEL M. KRAUSMAN Associate Justice
Appellate Division: Second Judicial Department
M29442
L/
THOMAS A. ADAMS, JJ.
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2005-06893 The People, etc., plaintiff, v Randolph Carpenter, defendant. (Ind. No. 1306/03)
| 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 May 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 denied.
THOMAS A. ADAMS
Associate Justice
Appellate Division : Second Judicial Department
M29764
F/
GABRIEL M. KRAUSMAN, J.
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2004-11226 The People, etc., plaintiff, v Darrell McKinney, defendant. (Ind. No. 7022/85)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated November 22, 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
M29689
S/sl
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2004-04144
The People, etc., respondent, v Victor Quan, a/k/a Victor Bernard, appellant. (Ind. No. 3116/02)
| 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, Queens County, rendered April 28, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 13, 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
M29759
O/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2004-02077 The People, etc., plaintiff, v Frank Thon, defendant.
(Ind. No. 03-00029)
| DECISION & ORDER ON MOTION |
Motion by the defendant to reargue a prior motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Rockland County, rendered December 11, 2003, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this court dated April 21, 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