09-14-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR SEPTEMBER 14, 2005

TITLE	Case Number
Andre v City of New York	2005-08314
BRG Queens, LLC v Medical Investor Associates, L.P	2004-06000
Carnazza v Shoprite of Staten Island	2005-00063
Ewanitsko v Verdi Equities, Inc.	2004-04647
Fisher v Equicredit, a/k/a Equicredit Corporation	2004-05327
Gallante Properties, Inc. v Allcity Insurance Comp	2004-10061
Hernandez v Hernandez	2005-07759
Monroig v Washington Mutual Bank, FA	2004-05665 +1
N. Picco & Sons Contracting Co., Inc. v Board of E	2005-06057
North American Specialty Insurance Company v Sch	2005-08035
North Fork Bank v Carvalho	2005-05265
Noto v Noto	2005-02631 +1
People of State of New York v Barber	2005-03257
State Farm Mutual Automobile Insurance Company v	2005-06264
Wint v ABN Amro Mortgage Group, Inc.	2004-03218 +1
Zarick v MPK Automotive Holdings, Inc.	2005-07693
Zilberfein v Palmer Terrace Cooperative, Inc.	2004-03610
Mtr of Adoption of Anonymous	2005-05723
Mtr of B. (Anonymous), Amber; E., Johnathan; Kelly	2005-08283
Mtr of City of New York, Sanitation Garage Brookly	2005-00220 +1
Mtr of D. (Anonymous), Norman; New York State Offi	2005-07660
Mtr of D. (Anonymous), Tatiana; Corporation Counse	2005-08125 +1
Mtr of First Central Insurance Company; Auerbach	2003-08595
Mtr of Flood v Schopfer	2005-03210 +1
Mtr of Grigoli v Grigoli	2005-06281
Mtr of Halperin v Board of Appeals on Zoning of	2005-06826
Mtr of J. (Anonymous), Donta; Corporation Counsel	2005-08016 +3
Mtr of J. (Anonymous), Patrice; Corporation Counse	2005-08087
Mtr of Jones v Bertrand	2005-08086
Mtr of K. (Anonymous), Taskin; Administration for	2005-08011
Mtr of Khatun v Ali	2005-07683
Mtr of M. (Anonymous), Melissa; Jonathan; Zachary;	2005-07947
Mtr of Mc. (Anonymous), Shea; Corporation Counsel	2005-08013
Mtr of Parker v O'Shea	2005-08371
Mtr of Serkez v Serkez	2005-07925
Mtr of Strom v Lomtevas	2005-08280
Mtr of Thomas v Lombardo	2005-08185
Peo v Bailey, Louis, a/k/a Bailey, Lewis	2003-03317
Peo v Burton, Christopher	2005-07441
Peo v Chakrabarty, Basudeb	2003-03785
Peo v Hale, Michael	1999-02050
Peo v Holub, William Jr.	2003-10254
Peo v Knowlden, Von, a/k/a Abdul-Malik, Salim	2003-06901 +1
Peo v Thompson, Thomas	2005-03926
Peo v Williams, Dennis	2003-07095

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29898

Y/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-08314
Henz Andre, et al., respondents, v
City of New York, et al., appellants.
(Acton No. 1)
(Index No. 13423/04)
Green Bus Lines, Inc., et al., respondents,
v City of New York, et al., appellants.
(Action No. 2)
(Index No. 18770/04)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of so much of an order of the Supreme Court, Queens County, dated August 18, 2005, as granted that branch of the motion of the respondents in Action No. 1 which was to preliminarily enjoin the appellants from transferring operations of certain bus companies to the MTA, pending hearing and determination of the appeals.

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

ORDERED that on the court's own motion, Steven A. Diaz, Esq., an attorney in good standing in the District of Columbia, is admitted pro hac vice to represent the respondents in Action No. 1 on the appeal; and it is further,

ORDERED that the branch of the motion which is for a stay is granted, and pending hearing and determination of the appeal, so much of the order as granted that branch of the motion of the respondents in Action No. 1 which was to preliminarily enjoin the appellants from transferring operations of certain bus companies to the MTA, is stayed; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29915

S/sl

ANITA R. FLORIO, J.P.

SONDRA MILLER

FRED T. SANTUCCI

ROBERT A. SPOLZINO, JJ.

2004-06000
BRG Queens, LLC, respondent,
v Medical Investor Associates, LP, appellant,
et al., defendant.

(Index No. 2589/04)

DECISION & ORDER ON MOTION

Motion by the respondent, on an appeal from an order of the Supreme Court, Queens County, dated June 7, 2004, to strike the appellant's brief and record on appeal, or, in the alternative, to enlarge the record on appeal to include the affirmations of Elliot L. Schaeffer and Sander Srulowitz, both dated April 14, 2004, and to enlarge its time to serve and file a brief. By decision and order on motion dated March 25, 2005, the motion was held in abeyance and the matter was remitted to the Supreme Court, Queens County, to hear and report on whether it considered the affirmations of Elliot L. Schaeffer and Sander Srulowitz, both dated April 14, 2004, in determining the motion which resulted in the order dated June 7, 2004. The Supreme Court, Queens County, has filed its report.

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, it is

ORDERED that the branch of the motion which is to enlarge the record is granted and on or before October 7, 2005, the appellant shall serve and file a supplemental record containing the affirmations of Elliot L. Schaeffer and Sander Srulowitz, both dated April 14, 2004; 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 and the respondent's brief shall be served and filed on or before November 4, 2005; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., S. MILLER, SANTUCCI and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29825

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-00063
Vito Nicholas Carnazza, respondent, v
Shoprite of Staten Island, appellant.

(Index No. 11068/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated October 29, 2004.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29961

S/sl

BARRY A. COZIER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

PETER B. SKELOS, JJ.

2004-04647
Joanne Ewanitsko, et al., appellants,
v Verdi Equities, Inc., respondent.
(Index No. 3153/02)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, entered May 7, 2004, which was determined by decision and order of this court dated June 20, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the branch of the motion which is for leave to reargue is granted, and upon reargument, it is

ORDERED that the decision and order of this court dated June 20, 2005, is recalled and vacated; and it is further,

ORDERED that on or before September 30, 3005, the appellants shall serve one copy of the record and the appellants' brief on the respondent; and it is further,

ORDERED that on or before November 1, 2005, the respondent shall serve and file its brief, 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 on or before November 15, 2005; and it is further,

ORDERED that upon filing of the parties' respective briefs, the appeal shall be placed on the submission calendar; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., CRANE, LUCIANO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29843

R/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2004-05327
Robert L. Fisher, etc., appellant, v Equicredit,
a/k/a Equicredit Corporation, et al., respondents.

(Index No. 25128/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated May 21, 2004, which was determined by decision and order of this court dated June 20, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., SCHMIDT, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29984

S/sl

2004-10061
Gallante Properties, Inc., appellant,
v Allcity Insurance Company, respondent.
(Index No. 14658/03)

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 an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 9, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 26, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29951

E/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-07759
Ivan Hernandez, appellant, v
Kia Hernandez, respondent.
(Index No. 11712/03)

DECISION & ORDER ON MOTION

Appeal by Ivan Hernandez from a so-ordered transcript of the Supreme Court, Westchester County, entered July 11, 2005. By order to show cause dated August 19, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable as of right (see CPLR 5701[a][2]). Application by the appellant for leave to appeal.

Now, on the court's own motion, the application filed in response to the order to show cause, no other papers having been filed in response to the order to show cause, and no papers having been filed in opposition or relation to the application, it is

ORDERED that the application is granted; and it is further,

ORDERED that the order to show cause is denied.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29841

R/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2004-05665, 2004-09428
Alan Monroig, etc., appellant, v
Washington Mutual Bank, FA, respondent.

(Index No. 16524/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered April 29, 2004, and September 24, 2004, respectively, which were determined by decision and order of this court dated June 20, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., SCHMIDT, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29939

E/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-06057
N. Picco & Sons Contracting Co., Inc.,
respondent, v Board of Education of
Bronxville School, appellant.

(Index No. 7827/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered May 25, 2005, to stay all proceedings, including discovery, in the above-entitled action pending hearing and determination of the appeal 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 motion is denied.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29944

R/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2005-08035
North American Specialty Insurance Company,
etc., et al., plaintiffs-respondents, v Thomas
Schwantner, et al., defendants-respondents,
Ritz Camera Centers, Inc., d/b/a Boaters World
Discount Marine, appellant
(and a third-party action).
(Action No. 1)
Allstate Insurance Company, a/s/o Mark Becker,
et al., plaintiffs-respondents, v Zodiac of North
America, Inc., et al., defendants-respondents, Ritz
Camera Centers, Inc., d/b/a Boaters World Discount
Marine, appellant.
(Action No. 2)
State Farm Fire & Casualty Company, a/s/o Diane
Goldman, et al., plaintiffs, v Zodiac of North
America, Inc., et al., defendants.
(Action No. 3)

(Index No. 13220/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered August 1, 2005, to stay the trial in the above-entitled actions 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.

S. MILLER, J.P., RITTER, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29909

R/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-05265
North Fork Bank, etc., respondent,
v George Carvalho, etc., defendant,
Donna Carvalho, appellant.
(Index No. 14263/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated March 14, 2005, as a poor person, for the assignment of counsel, and to stay enforcement of the order 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.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29924

S/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-02631, 2005-02632

Susan Noto, respondent,
v John Noto, appellant.
(Index No. 5232/98)

ORDER TO SHOW CAUSE

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two qualified domestic relations orders of the Supreme Court, Kings County, both dated January 19, 2005.

Now on the court's own motion, it is

ORDERED that the parties or their attorneys show cause before this court why the appeals should or should not be dismissed on the ground that the qualified domestic relations orders are not appealable as of right and leave to appeal has not been granted (see Ernst v Ernst, 8 AD3d 331; CPLR 5701), by filing affidavits or affirmations on that issue with the Clerk of this court on or before October 7, 2005, and the application to enlarge time is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the attorneys for the parties by regular mail.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29746

A/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

STEVEN W. FISHER, JJ.

2005-03257
People of the State of New York, respondent,
v Christopher Barber, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered January 18, 2005, inter alia, to direct the Westchester County District Attorney to provide him with its entire case file in the above-entitled action.

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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29912

Y/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-06264
State Farm Mutual Automobile Insurance
Company, appellant, v Everts Silva, et al.,
respondents.
(Index No. 6291/03)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 12, 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.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29840

R/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2004-03218, 2004-07314
Ferona Wint, etc., appellant, v
ABN Amro Mortgage Group, Inc., respondent.
(Index No. 22116/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Suffolk County, dated March 10, 2004, and July 13, 2004, respectively, which were determined by decision and order of this court dated June 20, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., SCHMIDT, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29905

Y/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-07693
Monte Zarick, plaintiff-respondent, v
MPK Automotive Holdings, Inc., et al.,
defendants-respondents, Power Motor
Car, Inc., appellant.
(Index No. 1056/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated June 30, 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.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29845

R/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

BARRY A. COZIER

SONDRA MILLER, JJ.

2004-03610
Paul Zilberfein, etc., et al., respondents-
appellants, v Palmer Terrace Cooperative,
Inc., appellant-respondent.

(Index No. 20085/98)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, entered April 16, 2004, which was determined by decision and order of this court dated May 23, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., H. MILLER, COZIER and S. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M29796

M/nal

2005-05723

In the Matter of Adoption of Anonymous.
Franklin M. (Anonymous), appellant.
(File No. 244/02)

ORDER TO SHOW CAUSE

Appeal by Franklin M. from an order of the Surrogate's Court, Richmond County, dated June 1, 2005. By decision and order on motion of this court dated July 19, 2005, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before August 23, 2005. The appellant has failed to do so. 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 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 30, 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

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Appellate Division: Second Judicial Department

M29876

M/nal

2005-08283
In the Matter of Amber B. (Anonymous).
Orange County Department of Social Services,
petitioner-respondent; Kenneth E. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 1)
In the Matter of Jonathan E. (Anonymous).
Orange County Department of Social Services,
petitioner-respondent; Kenneth E. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 2)
In the Matter of Kelly E. (Anonymous).
Orange County Department of Social Services,
petitioner-respondent; Kenneth E. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 3)
In the Matter of Ruth E. (Anonymous).
Orange County Department of Social Services,
petitioner-respondent; Kenneth E. (Anonymous),
appellant, et al., respondent.
(Proceeding No. 4)
(Docket Nos. N-4342-04, N-4343-04,
N-4344-04, N-4345-04, N-4346-04)

SCHEDULING ORDER

Appeal by Kenneth E. from an order of the Family Court, Orange County, dated June 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29990

S/sl

2005-00220, 2005-00729
In the Matter of City of New York, Sanitation
Garage Brooklyn District 3 and 3A, respondent,
v 60 Nostrand Ave, LLC, et al., appellants.
(Appeal No. 1)
(Index No. 37905/03)
In the Matter of Marcy Housing Tenants Association,
et al., appellants, v City of New York, et al., respondents
(Appeal No. 2)
(Index No. 8828/04)

ORDER ON APPLICATION

Application by the appellants 60 Nostrand Ave, LLC, and Monroe Bus Corporation pursuant to 22 NYCRR 670.8(d)(2) on appeals from two orders of the Supreme Court, Kings County, dated December 1, 2004, and January 5, 2005, respectively, to enlarge the time to serve and file a brief on the appeal from the order dated December 1, 2004.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until September 23, 2005, and the movants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29848

C/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-07660
In the Matter of Norman D. (Anonymous),
respondent; New York State Office of Mental
Health, petitioner.
(Index No. 69/97)

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to appeal to this court from an order of the Supreme Court, Dutchess County, dated June 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.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29907

M/nal

2005-08125, 2005-08126
In the Matter of Tatiana D. (Anonymous), appellant.
(Docket No. D-08498/05)

SCHEDULING ORDER

Appeals by Tatiana D. from two orders of the Family Court, Queens County, dated June 23, 2005, and July 29, 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 in the Family Court proceeding 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, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29859

R/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

SONDRA MILLER

GLORIA GOLDSTEIN, JJ.

2003-08595
In the Matter of First Central Insurance Company,
respondent; Zesha Auerbach, et al., appellants.

(Index No. 2306/98)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated September 2, 2003, which was determined by decision and order of this court dated February 28, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., ADAMS, S. MILLER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29966

C/sl

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2005-03210, 2005-03429
In the Matter of Dennis P. Flood, etc., appellant,
v Lawrence Schopfer, etc., et al., respondents,
Erin Malloy, etc., respondent-respondent.
(Proceeding No. 1)
(Index No. 4105/05)
In the Matter of Dennis P. Flood, etc., appellant-
respondent, v Lawrence Schopfer, etc., et al.,
respondents, Erin Malloy, etc., respondent-appellant.
(Proceeding No. 2)
(Index No. 4735/05)

DECISION & ORDER ON MOTION

Motion by Erin Malloy for leave to reargue appeals from two final orders of the Supreme Court, Westchester County, dated March 25, 2005, and entered April 11, 2005, respectively, which were determined by decision and order of this court dated July 5, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied.

ADAMS, J.P., CRANE, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29956

S/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2005-06281
In the Matter of Jacqueline Grigoli, appellant,
v Carmine Grigoli, respondent.

(Docket No. V-01889-05)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Richmond County, dated June 29, 2005, to vacate a stay of the order which was granted by decision and order on motion of this court dated July 21, 2005, on the ground that the appellant did not perfect the appeal on or before August 12, 2005, as directed by the decision and order on motion dated July 21, 2005, and separate motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel, to continue the stay, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is

ORDERED that the motion by the appellant is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Carol Kahn, Esq.

225 Broadway, Suite 1515

New York, New York 10007

(212) 693-0090

and it is further,

ORDERED that the stay granted by decision and order of this court dated July 21, 2005, is continued pending hearing and determination of the appeal; and it is further,

ORDERED that on the court's own motion so much of the decision and order on motion dated July 21, 2005, as conditioned the stay upon the perfection of the appeal by August 12, 2005, is recalled and vacated, and the appeal is assigned to this court's active management program pursuant to 22 NYCRR 670.4(a); and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the respondent's motion to vacate the stay is denied; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29872

E/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-06826
In the Matter of Edward Halperin, et al.,
petitioners, v Board of Appeals on Zoning
of City of New Rochelle, et al., respondents.

DECISION & ORDER ON MOTION

Motion by the respondent Young Israel of New Rochelle in a proceeding pursuant to CPLR article 78, which was transferred to this court by order of the Supreme Court, Westchester County, dated June 24, 2005, inter alia, to vacate a temporary restraining order contained in the order to show cause dated June 17, 2005, which commenced this proceeding, enjoining it from demolishing any structure existing at certain real property or constructing a new synagogue facility at the property.

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 vacate the temporary restraining order contained in the order to show cause dated June 17, 2005, is granted, and the temporary restraining order contained in the order to show cause dated June 17, 2005, is vacated; and it is further,

ORDERED that the motion is otherwise denied.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29904

M/nal

2005-08016, 2005-08018,
2005-08019, 2005-08020
In the Matter of Donta J. (Anonymous), appellant.
(Docket Nos. D-3236/04, D-5311/04)

SCHEDULING ORDER

Appeals by from four orders of the Family Court, Richmond County, dated January 6, 2005, March 30, 2005, and two dated August 10, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the 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, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29899

M/nal

2005-08087
In the Matter of Patrice J. (Anonymous), appellant.
(Docket No. D-02261/05)

SCHEDULING ORDER

Appeal by Patrice J. from an order of the Family Court, Kings County, dated August 8, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29906

M/nal

2005-08086
In the Matter of Annetta T. Jones, respondent,
v Jean G. Bertrand, appellant.
(Docket No. O-4698-05)

SCHEDULING ORDER

Appeal by Jean G. Betrand from an order of the Family Court, Kings County, dated August 3, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29903

M/nal

2005-08011
In the Matter of Taskin K. (Anonymous).
Administration for Children's Services, respondent;
Nawaz K. (Anonymous), appellant.
(Docket No. N-06454/05)

SCHEDULING ORDER

Appeal by Nawaz K. from an order of the Family Court, Queens County, dated July 14, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29922

S/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-07683
In the Matter of Tanjira Khatun, respondent,
v Shahajahan Ali, appellant.
(Docket No. F-01378-02)

DECISION & ORDER ON MOTION

Appeal by Shahajahan Ali purportedly from an order of the Family Court, Richmond County, dated July 5, 2005. By order to show cause dated August 19, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that while the notice of appeal refers to an order dated July 5, 2005, the order attached thereto is dated May 31, 2005.

Now on the court's own motion and on the papers submitted in response to the order to show cause, it is

ORDERED that the notice of appeal is deemed corrected to reflect that the appeal is taken from the order dated May 31, 2005 (see CPLR 2001); and it is further,

ORDERED that the motion is denied.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29902

M/nal

2005-07947
In the Matter of Melissa M. (Anonymous).
Orange County Department of Social Services,
respondent; Marianne M. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Jonathan M. (Anonymous).
Orange County Department of Social Services,
respondent; Marianne M. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Zachary M. (Anonymous).
Orange County Department of Social Services,
respondent; Marianne M. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Gage M. (Anonymous).
Orange County Department of Social Services,
respondent; Marianne M. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Devin M. (Anonymous).
Orange County Department of Social Services,
respondent; Marianne M. (Anonymous), appellant.
(Proceeding No. 5)
(Docket Nos. B-6287/04, B-6288/04, B-6289/04,
B-6290/04, B-6291/04)

SCHEDULING ORDER

Appeal by Marianne M. from an order of the Family Court, Orange County, dated July 8, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29875

M/nal

2005-08013
In the Matter of Shea Mc. (Anonymous), appellant.
(Docket No. D-20848/04)

SCHEDULING ORDER

Appeal by Shea Mc. from an order of the Family Court, Queens County, dated August 2, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29910

S/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-08371
In the Matter of Edward F. Parker III, petitioner,
v Kathleen M. O'Shea, respondent.

(Docket No. V-09075-02)

DECISION & ORDER ON MOTION

Motion by Kathleen M. O'Shea for leave to appeal to this court from an order of the Family Court, Queens County, dated August 30, 2005, and to stay enforcement of the order 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.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29867

M/nal

2005-07925
In the Matter of Bruce Serkez, respondent,
v Rivka Serkez, appellant.
(Docket Nos. V-2992-04, V-2993-04,
V-2994-04, O-2991-04)

SCHEDULING ORDER

Appeal by Rivka Serkez from an order of the Family Court, Rockland County, dated July 5, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29908

M/nal

2005-08280
In the Matter of Gisela Strom, appellant,
v Peter Lomtevas, respondent.
(Docket No. F-14745/03)

SCHEDULING ORDER

Appeal by Gisela Strom from an order of the Family Court, Queens County, dated August 10, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29900

M/nal

2005-08185
In the Matter of Douglas A. Thomas, appellant,
v Joanne M. Lombardo, respondent.
(Docket No. F-6866-04)

SCHEDULING ORDER

Appeal by Douglas A. Thomas from an order of the Family Court, Nassau County, dated August 3, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29863

R/sl

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2003-03317
The People, etc., respondent,
v Louis Bailey, a/k/a Lewis Bailey, appellant.

(Ind. No. 8147/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered March 27, 2003, which was determined by decision and order of this court dated June 6, 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., SCHMIDT, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division : Second Judicial Department

M29829

WILLIAM F. MASTRO, J.

2005-07441
The People, etc., plaintiff,
v Christopher Burton, defendant.
(Ind. No. 3251/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 11, 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.

WILLIAM F. MASTRO

Associate Justice

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29954

C/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2003-03785
The People, etc., respondent,
v Basudeb Chakrabarty, appellant.
(Ind. No. 641/01)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 7, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until September 30, 2005, and the respondent's brief must be served and filed on or before that date.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29911

R/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

1999-02050
The People, etc., respondent,
v Michael Hale, appellant.
(Ind. No. 8776/96)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 10, 1999.

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

ORDERED that the motion is denied as academic as the supplemental brief was timely filed.

ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29846

C/sl

BARRY A. COZIER, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2003-10254
The People, etc., respondent,
v William Holub, Jr., appellant.
(Ind. No. 1225/02)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered November 13, 2002, to provide him with copies of the minutes of the Grand Jury proceedings conducted in the above entitled action.

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

ORDERED that the motion is denied.

COZIER, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29926

S/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2003-06901, 2003-08553
The People, etc., respondent,
v Von Knowlden, a/k/a Salim Abdul-Malik,
appellant.
(Ind. No. 2864/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to further enlarge the judgment roll on appeals from a judgment of the Supreme Court, Queens County, rendered June 30, 2003, and a resentence of the same court imposed August 12, 2003, to include the minutes of the proceedings which occurred before the Supreme Court, Queens County, between April 5, 2000, and October 2, 2001, and the proceedings which occurred on September 17, 2002, and December 10, 2002, to be provided with certain additional material, and to enlarge the time to perfect the appeals.

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

ORDERED that the branches of the motion which are to further enlarge the record and to enlarge time are granted; and it is further,

ORDERED that the decision and order on motion of this court dated February 26, 2004, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred between April 5, 2000, and October 2, 2001, and the proceedings which occurred on September 17, 2002, and December 10, 2002, if they are available, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcripts shall be returned to this court when the appellant files his brief; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above-mentioned proceedings for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; upon delivery of the above-referenced transcripts to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29943

C/sl

SONDRA MILLER, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-03926
The People, etc., respondent,
v Thomas Thompson, appellant.
(Ind. No. 111/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered April 25, 2005, to continue the stay of execution of said judgment pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 13, 2006, the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the stay of execution of the judgment granted by order dated April 27, 2005, is extended pending hearing and determination of the appeal, on condition that the appeal is perfected by January 13, 2006, and on the same bail condition contained in the order dated April 27, 2005; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before January 13, 2006; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence; and it is further,.

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned appellant's is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned appellant's; and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide appellant's counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if appellant's counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing appellant's counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken.

S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M29853

S/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2003-07095
The People, etc., respondent,
v Dennis Williams, appellant.
(Ind No. 3825/02)

ORDER TO SHOW CAUSE

Motion by assigned counsel, to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered August 6, 2003, on the ground that the appellant has been deported.

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

ORDERED that on the court's own motion, the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal on the ground that the appellant has been deported and is no longer available to obey the mandate of the court (see People v Wright, 274 AD2d 599) by filing an affidavit on that issue with the Clerk of this court on or before November 4, 2005; and it is further,

ORDERED that the motion by assigned counsel to dismiss the appeal is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court