Appellate Division: Second Judicial Department

M29814

O/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2005-08245 Board of Managers of the St. John's Condominium, respondent-appellant, v Mohammed Tina, et al., appellants-respondents. (Index No. 17444/05)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated August 1, 2005, pending hearing and determination of an appeal and cross 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 appellants-respondents notice of appeal and the corrected notice of appeal are deemed amended to reflect that the defendants are the appellants-respondents (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,

ORDERED that the branch of the motion which is for a stay is granted and enforcement of the order dated August 1, 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; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., SANTUCCI, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29765

C/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06234 Chase Manhattan Mortgage Corporation, respondent, v Charles Cobbs, appellant. (Index No. 6122/99)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 16, 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 dismissed, as the motion papers were not served in accordance with the order to show cause dated August 23, 2005.

FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29724

M/nal

2005-06284, 2005-06285 Barbara O. Galgano, respondent, v Louis J. Galgano III, appellant. (Index No. 17483/99)

ORDER TO SHOW CAUSE

Appeals by Louis J. Galgano III from two orders of the Supreme Court, Westchester County, both dated April 21, 2005. By scheduling order dated July 18, 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 18, 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 26, 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

M29747

C/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-07940 Robert Mann, respondent, v Ascend Construction Management, appellant, et al., defendant (and a two third-party actions). (Index No. 11065/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated July 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 denied.

FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29815

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-03655 Dana Ogletree, etc., plaintiff-respondent, v Rush Realty Associates, LLC, appellant, St. Christopher-Ottilie Services for Children, defendant-respondent, et al., defendant. (Index No. 65/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated February 16, 2005, to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29621

C/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

ROBERT J. LUNN, JJ.

2004-06152 Sergio I. Sayers, appellant, v Arif E. Hot, et al., respondents. (Index No. 50171/00)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated June 3, 2004, to include a copy of a check issued January 26, 2004, by Allstate Insurance Company.

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., S. MILLER, MASTRO, SPOLZINO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29812

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-07300 Verna L. Smith, et al., respondents, v Tenshore Realty, Ltd., appellant. (Index No. 22572/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated June 30, 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 granted and enforcement of the order dated June 30, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 18, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 18, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29813

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-07991 In the Matter of Alexander C. (Anonymous). Suffolk County Department of Social Services, appellant; Juan C. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Brenda C. (Anonymous). Suffolk County Department of Social Services, appellant; Juan C. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Juan Carlos C. (Anonymous). Suffolk County Department of Social Services, appellant; Juan C. (Anonymous), respondent. (Proceeding No. 3) (Docket No. N-00066-05, N-00067-05, N-00068-05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, dated August 11, 2005, inter alia, in effect, to stay enforcement of the order and to continue the care and custody of the subject child Brenda C. with the appellant pending hearing and determination of the appeal, for an expedited briefing schedule, and for a preference in the calendaring 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, in effect, to stay enforcement of the order and to continue the care and custody of Brenda C. with the appellant pending hearing and determination of the appeal is granted, and pending hearing and determination of the appeal, the order is stayed and the care and custody of Brenda C. shall continue with the appellant on condition that the appellant perfects the appeal on or before October 26, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 26, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for an expedited briefing schedule is granted; the appellant shall perfect its 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 its brief on the appeal on or before October 26, 2005; the respondent shall serve and file a brief on or before November 16, 2005, and the reply brief, if any, shall be served and filed on or before November 23, 2005; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521) and the appeal will be calendared when all the briefs on the appeal are filed; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M29723

M/nal

2005-06385 In the Matter of Alan Fuca, respondent, v Dale Merritt, appellant. (Docket No. V-02548-02)

ORDER TO SHOW CAUSE

Appeal by Dale Merritt from an order of the Family Court, Richmond County, dated June 2, 2005. By scheduling order dated July 18, 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 July 18, 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 26, 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

M29734

M/nal

2005-06388 In the Matter of Dawn Poskitt, respondent, v Craig Colleran, appellant. (Docket No. F-01181/95)

ORDER TO SHOW CAUSE

Appeal by Craig Colleran from an order of the Family Court, Queens County, dated June 2, 2005. By scheduling order dated July 15, 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 July 15, 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 26, 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

M29725

M/nal

2005-06576 In the Matter of Debra Shapira, respondent, v Guy Shapira, appellant. (Docket No. F-09808-04)

ORDER TO SHOW CAUSE

Appeal by Guy Shapira from an order of the Family Court, Nassau County, dated May 25, 2005. By scheduling order dated July 18, 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 18, 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 26, 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