Appellate Division: Second Judicial Department
M15909
C/o
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-04724, 2004-02061
Robert Bollino, respondent, v Gary Hitzig, etc., et al., appellants. (Index Nos. 00731/99, 22913/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant Seymour Handler to hold appeals from two orders of the Supreme Court, Nassau County, entered May 5, 2003, and dated February 13, 2004, respectively, in abeyance.
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 appeals will not be calendared until after November 30, 2004.
KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15875
R/nl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-05840 Theresa Bonifer, respondent, v Home Depot U.S.A., Inc., appellant. (Index No. 015925/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated June 8, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial is stayed pending hearing and determination of the appeal.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15933
CF/
|
2004-07938 David Bregman, respondent, v Douglas Finn, appellant. (Index No. 23048/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 7, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15954
L/
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
WILLIAM F. MASTRO, JJ.
|
2002-08842 John Catalano, respondent, v Queens Boulevard Extended Care Facility Corp., et al., appellants. (Index No. 2653/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 21, 2002.
Upon the stipulation of the attorneys for the respective parties, dated April 20, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15893
S/nl
|
2003-11377 Iqbal Chaudry, et al., respondents-appellants, v Wladyslaw Ziomek, et al., appellants-respondents. (Index No. 25576/00)
| ORDER ON APPLICATION |
Application by the appellants-respondents City of New York and New York City Health and Hospitals Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated December 1, 2003.
ORDERED that the application is granted and the appellants-respondents' time to perfect their appeals is enlarged until October 7, 2004, and appellants-respondents' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15894
S/nl
|
2004-04467 Andrew F. Check, respondent, v Adnan Gacevk, appellant. (Index No. 17345/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 23, 2004.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until September 27, 2004, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, shall be served and filed on or before October 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15942
CF/
|
2004-03663 Citibank, N.A., respondent, v Perry Walker, appellant. (Index No. 8188/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated March 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15921
CF/
|
2004-06579 Lauren Constantino, appellant, v Anthony Constantino, respondent. (Index No. 12490/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered July 7, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15945
CF/
|
2004-03800 Lloyd Daley, et al., appellants, v Martin G. Wertkin, et al., respondents. (Index No. 10343/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15932
CF/
|
2004-03238 Patricia DeMasi, f/k/a Patricia Panarese, respondent, v Steve A. Panarese, appellant. (Index No. 1586/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15936
CF/
|
2004-07392 FBB Asset Managers, Inc., respondent, v Beth Freund, appellant. (Index No. 1040/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated July 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15948
CF/
|
2004-02427 Paul Fischer, respondent, v Queens Medical Center of Brooklyn and Queens, Inc., etc., appellant. (Index No. 5458/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15944
CF/
|
2004-02703, 2004-02725, 2004-02755 Helen Mady Foustanos, respondent, v Joseph Dorelian, et al., appellants. (Index No. 2947/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from two orders of the Supreme Court, Westchester County, dated March 12, 2004, and March 15, 2004, respectively, and a judgment of the same court dated April 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15890
R/nl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-07677 Susan Green, respondent, v James Green, appellant. (Index No. 01035/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated August 19, 2004, 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.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15924
CF/
|
2004-06051 Hassel Auto West, Inc., respondent, v Ralph Pernick, defendant, Susan Goldenkranz Pernick, appellant. (Index No. 20442/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15907
S/nl
|
2003-10432, 2004-00648 Albert Katz, et al., appellants, v Pathmark Stores, Inc., et al., respondents. (Index No. 5055/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated October 8, 2003, and November 23, 2003, respectively.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until October 13, 2004, and the record or appendix on the appeals 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
M15957
CF/
|
2004-03664 Kyung Suh, et al., respondents, v Mulvihill Electrical Contracting Corp., appellant. (Index No. 15396/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated February 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15575
O/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-07388 Liman Video Rental Co., Inc., respondent, v Jerry Colaitis, et al., defendants, American Express Travel Related Services, Inc., appellant. (Index No. 019438/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, 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, dated February 25, 2004.
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 appeal is dismissed without costs or disbursements, as the order is not appealable as of right as no appeal lies from an order that is not the result of a motion made on notice (see CPLR 5701[a][2]) and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15903
O/nl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
STEVEN W. FISHER, JJ.
|
2004-00307 Charles Lodato, plaintiff-respondent, v Greyhawk North America, LLC, appellant, Palace Electrical Contractors, Inc., defendant-respondent. (Index No. 9801/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 17, 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 appellant's time to perfect the appeal is enlarged until October 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., LUCIANO, SCHMIDT and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15943
CF/
|
2004-02325 M & T Mortgage Corporation, respondent, v Joy Azuaru, appellant. (Index No. 12655/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 11, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15912
C/nl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
PETER B. SKELOS, JJ.
|
2004-04828 Allen Minsky, appellant-respondent, v Elrac, Inc., d/b/a Enterprise Rent-A-Car, et al., respondents-appellants (and a third-party action). (Index No. 2317/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, inter alia, to compel the respondents-appellants to cooperate in preparing the joint record on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated April 20, 2004, and to enlarge the time to perfect 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 to enlarge the time to perfect the appeal is granted; the appellant-respondent's time to perfect the appeal is enlarged until January 4, 2005, and the joint record or joint appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., LUCIANO, SCHMIDT and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15911
C/nl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-04994, 2004-02081 Arthur Mitchell, respondent, v Seymour Handler, etc., et al., appellants. (Index No. 7031/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant Seymour Handler to hold appeals from two orders of the Supreme Court, Nassau County, dated February 13, 2004, and April 28, 2004, respectively, in abeyance.
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 appeals will not be calendared until after November 30, 2004.
KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15956
CF/
|
2004-05196 Monsey Lumber & Supply Corporation, appellant, v Hermitage Insurance Company, respondent. (Index No. 6644/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 18, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15896
O/nl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-05813, 2004-07449 Paul J. Montuori, appellant, v Joan Roth, f/k/a Joan Montuori, respondent. (Appeal No. 1) (Index No. 96-25857) In the Matter of Joan C. Roth, respondent, v Paul Montuori, appellant. (Appeal No. 2) (Docket No. F-19967-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated June 1, 2004, and an appeal from an order of the Family Court, Suffolk County, dated July 19, 2004, to stay payment of arrears, to consolidate the appeals, for an expedited briefing schedule, and for a preference in the calendaring of the appeals.
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 consolidate the appeals is granted; and it is further,
ORDERED that the parties shall file 10 copies of the record or appendix and their respective briefs; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15937
CF/
|
2004-05318 New York Hospital Medical Center of Queens, etc., et al., respondents, v GEICO, appellant. (Index No. 11954/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated April 23, 2004.
Upon the stipulation of the parties, dated September 13, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15930
CF/
|
2004-07934 Natela Nogashvili, et al., appellants, v Dmitri Ananiev, et al., respondents. (Index No. 40048/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15946
CF/
|
2004-02959 Anthony Pirozzi, etc., et al., appellants, v Patrick M. Lagudi, et al., respondents. (Index No. 13419/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15953
L/
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-04009
Radha Soami Society Beas - America, respondent, v Jack L. Most, et al., appellants. (Index No. 31098/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 14, 2003.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., LUCIANO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15904
C/nl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-11448, 2004-06965 Resort HRF, etc., respondent, v Ocean Garden Nursing Facility, Inc., et al., appellants. (Index No. 11127/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered December 1, 2003, and to consolidate the appeal from the judgment with an appeal from an order of the same court entered July 2, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal from the judgment is enlarged until November 22, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is for leave to consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).
KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15955
L/
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
WILLIAM F. MASTRO, JJ.
|
2003-03141, 2003-07209 Sidney Steinberg, etc, et al., respondents, v John Catalano, appellant. (Index No. 24404/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Kings County, dated February 19, 2003 and July 22, 2003, respectively.
Upon the stipulation of the attorneys for the respective parties, dated April 20, 2004, , it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15888
R/nl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2003-07538 Eugenia Torres, appellant, v State of New York, respondent. (Claim No. 102431)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Court of Claims, dated July 14, 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 appellant's time to perfect the appeal is enlarged until September 29, 2004, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15949
CF/
|
2004-02264 Sonia Walters, respondent, v Elrac, Inc., et al., appellants. (Index No. 13083/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15928
CF/
|
2004-03857 In the Matter Sophia Amsellem Cohen, respondent, v Jacques Amsellem, appellant. (Docket No. F-14907-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated March 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15931
CF/
|
2004-02704 In the Matter of Costco Wholesale Corporation, et al., respondents, v Town Board of the Town of Oyster Bay, et al., appellants. (Index No. 9890/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated January 7, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15901
O/nl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
STEVEN W. FISHER, JJ.
|
2004-07228 In the Matter of Maureen A. Dell Isola, respondent, v Salvatore Dell Isola, appellant. (Docket No. O-13404/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled proceeding pending hearing and determination of an appeal from an order of the Family Court, Suffolk County, dated August 3, 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., LUCIANO, SCHMIDT and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15935
J/nl
|
2004-02193
In the Matter of Edward Halperin, et al., petitioners, v City of New Rochelle Board of Appeals on Zoning of City of New Rochelle, et al., respondents. (Index No. 4197/03)
| ORDER ON APPLICATION |
Application by the petitioners pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, entered March 12, 2004.
ORDERED that the application is granted and the petitioners' brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15915
O/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2003-09222 In the Matter of Corey Heath, appellant, v Jose Pico, et al., respondents. (Index No. 1650/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Dutchess County, dated October 6, 2003, to reargue that branch of his prior motion which was for waiver of the filing fee, which was determined by decision and order on motion of this court dated January 27, 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; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8) and the decision and order on motion of this court dated June 9, 2004.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15918
O/nl
ANITA R. FLORIO, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2004-01507 In the Matter of Scott B. Hecht, petitioner, v Andrew P. Bivona, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner to enlarge the time to serve and file a reply to the answer in a proceeding pursuant to CPLR article 78.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as unnecessary as the reply to the answer was timely served and filed.
FLORIO, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15892
C/nl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-02254 In the Matter of Angelique Marie J. (Anonymous). Little Flower Children's Services, petitioner- respondent; Katherine J. (Anonymous), appellant; Christopher M. (Anonymous), et al., intervenors- respondents.
(Docket No. B-2097-99)
| DECISION & ORDER ON MOTION |
Appeal by Katherine J. from an order of the Family Court, Queens County, dated August 29, 2003. By order to show cause dated August 12, 2004, 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 in the above-entitled proceeding for failure to comply with a decision and order on motion of this court dated June 18, 2004, granting the appellant leave to renew a motion for leave to prosecute the appeal as a poor person.
Now, on the court's own motion, and the papers filed in relation to the order to show cause, it is,
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated June 18, 2004 (see 22 NYCRR 670.4[a][5]).
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15908
O/nl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-01923 In the Matter of Leroy Joyner, appellant, v Sheila Joyner, respondent. (Docket No. F-2010/98)
| DECISION & ORDER ON MOTION |
Appeal by Leroy Joyner from an order of the Family Court, Suffolk County, dated February 9, 2004. By order to show cause dated August 12, 2004, 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 in the above-entitled proceeding for failure to comply with the scheduling order dated June 30, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 30, 2004 (see 22 NYCRR 670.4[a][5]).
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15759
M/nal
|
2004-07857 In the Matter of Susanna Kraus, respondent, v Sheldon Kraus, appellant. (Docket No. O-09900-04)
| SCHEDULING ORDER |
Appeal by Sheldon Kraus from an order of the Family Court, Suffolk County, dated August 23, 2004. 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 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.
Appellate Division: Second Judicial Department
M15926
CF/
|
2004-02217 In the Matter of Letayvia M. (Anonymous), appellant. (Docket No. D-20198-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated March 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15939
M/nal
|
2004-06768 In the Matter of Nokaya M. (Anonymous). Administration for Children's Services of the City of New York, appellant; Eltheb E. (Anonymous), respondent. (Proceeding No. 1) (Docket No. N-24077/02) In the Matter of Sarah E. (Anonymous). Administration for Children's Services of the City of New York, appellant; Eltheb E. (Anonymous), respondent. (Proceeding No. 2) (Docket No. N-24078/02) In the Matter of Tariq E. (Anonymous). Administration for Children's Services of the City of New York, appellant; Eltheb E. (Anonymous), respondent. (Proceeding No. 3) (Docket No. N-24079/02)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated August 5, 2004. 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 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, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15780
M/nal
|
2004-07875 In the Matter of Tarneka McDuffie, appellant, v Camille Brock, respondent. (Docket No. V-19963-03)
| SCHEDULING ORDER |
Appeal by Tarneka McDuffie from an order of the Family Court, Kings County, dated August 2, 2004. 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 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15705
M/nal
|
2004-07398 In the Matter of Elizabeth Mendlowitz, respondent, v Joshua Mendlowitz, appellant. (Docket No. O-00402-03)
| SCHEDULING ORDER |
Appeal by Joshua Mendlowitz from an order of the Family Court, Nassau County, dated July 22, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15797
M/nal
|
2004-07471, 2004-07472 In the Matter of Carla Novins, appellant, v Bernard Novins, respondent. (Docket Nos. F-04398/03, F-04570/03)
| SCHEDULING ORDER |
Appeals by Carla Novins from two orders of the Family Court, Richmond County, dated April 1, 2004, and July 16, 2004, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15823
M/nal
|
2004-07695 In the Matter of Crystallyn P. (Anonymous). Dutchess County Department of Social Services, respondent; Barbara P. (Anonymous), appellant. (Docket No. NN-00591-02)
| SCHEDULING ORDER |
Appeal by Barbara P. from an order of the Family Court, Dutchess County, dated July 30, 2004. 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 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.
Appellate Division: Second Judicial Department
M15810
M/nal
|
2004-07473 In the Matter of Jeffrey Pollack, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-2973/99, V-01111/99)
| SCHEDULING ORDER |
Appeal by Janice Vega from an order of the Family Court, Queens County, dated August 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M15706
M/nal
|
2004-07396 In the Matter of Douglas R. (Anonymous), appellant. (Docket No. D-7723-03)
| SCHEDULING ORDER |
Appeal by Douglas R. from an order of the Family Court, Queens County, dated August 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15802
M/nal
|
2004-07694 In the Matter of Madeline Ramos, appellant, v James Andino, respondent. (Docket No. V-3581/99)
| SCHEDULING ORDER |
Appeal by Madeline Ramos from an order of the Family Court, Westchester County, dated July 30, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M15902
C/nl
GABRIEL M. KRAUSMAN, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2004-05503 In the Matter of Sharon Sitzer, appellant, v Gary Fay, respondent. (Docket No. V-1607-93)
| DECISION & ORDER ON MOTION |
Appeal by Sharon Sitzer from an order of the Family Court, Suffolk County, dated May 20, 2004. By order to show cause dated August 16, 2004, 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 in the above-entitled proceeding for failure to comply with a scheduling order dated July 6, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated July 6, 2004, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until November 22, 2004.
KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15947
CF/
|
2003-08526 In the Matter of Town of Rye, petitioner, v New York State Board of Real Property Services, et al., respondents.
| ORDER ON APPLICATION Application to Withdraw Appeal |
Proceeding pursuant to Real Property Tax Law § 1218.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15619
F/
THOMAS A. ADAMS, J.
|
2004-06372 The People, etc., plaintiff, v William Mitchell, defendant. (Ind. No. 1943-00)
| 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, Suffolk County, dated June 28, 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.
THOMAS A. ADAMS
Associate Justice
Appellate Division: Second Judicial Department
M15627
F/
STEVEN W. FISHER, J.
|
2004-06285 The People, etc., plaintiff, v John C. Rhoades, Jr., defendant. (Ind. No. 01-07753)
| 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, Orange County, dated June 23, 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.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M15914
O/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04537 The People, etc., appellant, v Paula Sanford, respondent. (Ind. No. 6893/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 28, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the 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 a brief on the appeal is enlarged until October 18, 2004.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15625
F/
ROBERT W. SCHMIDT, J.
|
2004-05498 The People, etc., plaintiff, v Robert Ucciardi, defendant. (Ind. No. 6453/01)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated May 10, 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.
ROBERT W. SCHMIDT
Associate Justice