Appellate Division: Second Judicial Department
M30024
Y/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
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2004-10965, 2005-02409 American Express Centurion Bank, respondent, v Charles Williams, appellant. (Index No. 790/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from an order of the Supreme Court, Suffolk County, dated November 23, 2004, and a judgment of the same court, entered February 28, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and for leave to perfect the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to waive the certification requirements of 22 NYCRR 670.10.2(f) is granted; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied as unnecessary, as the appeals have been perfected.
S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30074
S/sl
STEPHEN G. CRANE, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2005-05309
Azad Anand, appellant, v Jack Wilson, respondent. (Index No. 5745/02)
| DECISION & ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated May 23, 2005.
Upon the papers filed in support of the application and upon the stipulation of the parties, it is
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until September 23, 2005, and the respondent'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.
CRANE, J.P., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29960
E/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-09831 Nancy Arrigo, respondent, v Christopher Arrigo, appellant. (Index No. 3070/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, dated September 27, 2004, for a reconstruction hearing of the respondent's trial testimony on October 9, 2002, to enlarge the time to perfect the appeal, and to direct the respondent to pay one-half the cost of the reconstruction hearing.
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 a reconstruction hearing is granted, and the matter is remitted to the Supreme Court, Westchester County, for a reconstruction hearing with respect to the respondent's testimony on October 9, 2002; and it is further,
ORDERED that appellant's counsel is directed to serve a copy of this order on the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time is granted, and the appellant's time to perfect the appeal is enlarged until November 14, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29976
E/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-09441 Atlas Air, Inc., appellant, v General Electric Company, et al., respondents. (Index No. 5184/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered September 16, 2003, which was determined by decision and order of this court dated March 14, 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.
CRANE, J.P., LUCIANO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29972
C/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2003-10843 Amine Baba-Ali, appellant-respondent, v State of New York, respondent-appellant. (Claim No. 87328)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 5, 2005, which determined an appeal from an order of the Court of Claims dated November 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., ADAMS, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30051
S/sl
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2005-01386
Evadine Bailey, etc., et al., appellants, v Brookdale University Hospital & Medical Center, etc., et al., respondents (and a third-party action). (Index No. 41620/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 7, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 7, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30065
S/sl
|
2005-05184
David Berry, et al., respondents, v Randolph L. Williams, etc., et al., appellants. (Index No. 4973/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated May 4, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 16, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30058
S/sl
|
2005-01644
Agatha Burns, appellant, v Hannah Stranger, respondent. (Index No. 222/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 17, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30083
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
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2004-10134 Commercial Union Insurance Company, plaintiff respondent-appellant, Cezary Bartosiewicz, plaintiff-respondent, v Liberty Mutual Insurance Company, defendant respondent- appellant, United States Fidelity & Guaranty Company, appellant-respondent (and a third-party action). (Index No. 105/00)
| DECISION & ORDER ON MOTION |
Motion by the defendant respondent-appellant to enlarge the time to perfect a cross appeal from an order of the Supreme Court, Nassau County, dated August 13, 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 time of defendant respondent-appellant to perfect its cross appeal is enlarged until October 19, 2005, and the joint record or appendix and the brief of defendant respondent-appellant must be served and filed on or before that date.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29962
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-07809 Antoinette Crimmins, appellant, v Sagona Landscaping, Ltd., et al., respondents.
(Index No. 11906/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated July 19, 2005, 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 without prejudice to renew when the appeal is perfected.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29970
C/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2004-02230 Edmond Erkocaj, et al., appellants, v Port Authority of New York and New Jersey, et al., respondents. (Index No. 3141/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated February 18, 2004, which was determined by decision and order of this court dated May 2, 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.
H. MILLER, J.P., CRANE, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30089
T/sl
|
2005-04345 Ralph J. Fasano, appellant, v Theresa J. Fasano, respondent. (Index No. 28721/93)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated April 11, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 17, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29826
A/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2005-07340 David Ferdinand, appellant, v Alan Crane, et al., respondents.
(Index No. 6371/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enjoin the respondents from interfering with his use and occupancy of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 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.
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30070
S/sl
|
2005-03233
Paul Fitzsimmons, respondent, v City of New York, et al., appellants, et al., defendant. (Index No. 5915/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 17, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 14, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30042
S/sl
|
2005-01008 Vincent Gebbia, et al., appellants, v Richard L. Gumo, respondent. (Index No. 7792/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated January 5, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 20, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30072
S/sl
|
2004-08496, 2005-01124
Conrad Green, respondent, v Louise Green, defendant-appellant; Andrea Haye White, et al., nonparty-appellants. (Index No. 10037/93)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order and judgment (one paper) of the Supreme Court, Queens County, dated August 7, 2004, and an order of the same court dated December 17, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 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
Appellate Division: Second Judicial Department
M30001
S/sl
|
2005-03649
Kevin W. Hinkson, appellant, v Veda D. Daughtry-Hinkson, respondent. (Index No. 25257/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 1, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30076
S/sl
|
2005-02916
Homeside Lending, Inc., respondent, v James Filacouris, et al., appellants, et al., defendants. (Index No. 10427/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated February 7, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 16, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30078
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-02371 Mark Hunt, et al., appellants, v Lorich Building Corp., defendant (and a third-party action). (Index No. 4596/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated January 26, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until November 15, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30023
Y/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2004-03221 Setsuo Ito, respondent, v Dryvit Systems, Inc., appellant, et al., defendant (and a third-party action). (Index No. 25779/99)
| DECISION & ORDER ON MOTION |
Motion by Setsuo Ito for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated March 22, 2004, which was determined by decision and order of this court dated March 21, 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.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30062
A/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-00271, 2005-00273 Edward Kelley, a/k/a Adarsi Das, et al., appellants, v Aruna Garuda, a/k/a Aruna Devi Das, et al., respondents. (Index No. 7016/04)
| DECISION & ORDER ON MOTION |
Motion by counsel for the appellants to admit pro hac vice Edward McGlynn Gaffney, Jr., an attorney in good standing in the District of Columbia, to represent the appellants on appeals from two orders from an order of the Supreme Court, Nassau County, both entered October 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 Edward McGlynn Gaffney, Jr., is admitted pro hac vice to represent the appellants on the appeal.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29991
R/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-06859 Rachel Lackowitz, respondent, v City of Yonkers, appellant.
(Index No. 872/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, entered June 30, 2005, and to direct the appellant to perfect the appeal by a date certain.
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 direct the appellant to perfect the appeal by a date certain is granted and the appellant's record or appendix and brief shall be served and filed on or before November 15, 2005; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal shall be calendared when fully perfected.
S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30055
T/sl
|
2005-02443
Larchmont Nurseries, Inc., appellant-respondent, v John Daly, respondent-appellant. (Index No. 18645/00)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered February 22, 2005.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until November 9, 2005, and the record or 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 respondent-appellant shall serve and file his answering brief, including his 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
M29974
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-00724 Ellen B. Lehrman, appellant, v Lake Katonah Club, Inc., respondent. (Index No. 11370/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a a judgment of the Supreme Court, Westchester County, entered January 14, 2004, which was determined by decision and order of this court dated May 9, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the respondent to impose a sanction upon the appellant
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; and it is further,
ORDERED that the cross motion is denied.
ADAMS, J.P., SANTUCCI, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30060
R/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-00767 Stephen Lepore, respondent, v Ryder Truck Rental, Inc., appellant.
(Index No. 18230/01)
| 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, Kings County, dated November 16, 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 denied.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30028
R/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-05650 Liberty Moving & Storage Co., Inc., appellant, v George J. Cumella, Sr., a/k/a George Cumella, Sr., et al., respondents.
(Index No. 9899/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated May 6, 2005, to enlarge the record on appeal to include the documents annexed as exhibits to its motion papers.
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 on or before September 26, 2005, the appellant shall be serve and file a supplemental record containing the above-referenced documents.
S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29999
S/sl
|
2005-03088
Tamara Mosezhnik, appellant, v Anna Berenstein, etc., et al., respondents. (Index No. 17799/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 14, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30093
T/sl
|
2005-00641
NYCTL 1998-1 Trust, et al., respondents, v Carajo Holding Corporation, appellant, et al., defendants. (Index No. 22910/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 13, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 14, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[b]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30059
A/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-07000 R.A.C. Group, Inc., et al., respondents, v Board of Education of the City of New York, et al., defendants, Bruckner Lumber and Building Supply Co., appellant. (Index No. 4997/97)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to the Court of Appeals from an opinion and order of this court, dated July 25, 2005, which determined an appeal from a judgment of the Supreme Court, Kings County, entered 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 denied.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30044
S/sl
|
2005-01480, 2005-04081
RB Hempstead, LLC, appellant, v Incorporated Village of Hempstead, et al., respondents. (Index No. 04-09256)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated January 13, 2005, and a judgment of the same court dated March 29, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 3, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30010
J/sl
|
2005-02312
Raphael F. Scotto, respondent, v Chris Georgoulis, et al., appellants. (Index No. 19693/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 27, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 7, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30056
C/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-03971 Shun-Ming Chen, respondent, v Chih-Wei Jen, et al., appellants (and a third-party action). (Index No. 31788/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 11, 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.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30077
S/sl
|
2005-02071
Jeanne Sirgant, respondent, v John J. Sirgant, appellant. (Index No. 2393/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated October 29, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until September 22, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30075
S/sl
STEPHEN G. CRANE, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2004-06517 Paul Sperry, etc., appellant, v Crompton Corporation, et al., respondents. (Index No. 17872/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to admit pro hac vice Laura M. Kam, an attorney in good standing in the District of Columbia, to represent the respondents on an appeal from an order of the Supreme Court, Nassau County, dated November 20, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and Laura M. Kam is admitted pro hac vice to represent the respondents on this appeal.
CRANE, J.P., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30041
S/sl
|
2005-01020
Lora Stravets, appellant, v City of New York, respondent. (Index No. 31914/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 16, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30061
R/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2004-05485 Juanito Sy, respondent, v Elena Kopet, et al., appellants.
(Index No. 31481/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated June 8, 2004, which was determined by decision and order of this court dated May 2, 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.
H. MILLER, J.P., COZIER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30049
S/sl
|
2005-03812
Corinne Tassielli, appellant, v United Skates of America, Inc., respondent, et al., defendant. (Index No. 8302/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 1, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30050
T/sl
|
2005-02286
Enite M. Toussaint, et al., appellants, v Ferrara Bros. Cement Mixer, et al., respondents. (Index No. 21337/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered January 27, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 4, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30092
S/sl
|
2005-07160
Peter Wallace, et al., respondents, v Stonehenge Group, Ltd., et al., appellants. (Index No. 13018/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated July 5, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 21, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29993
S/sl
|
2005-02650
Emmett Washington, respondent, v New York City Transit Authority, appellant. (Index No. 23680/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 5, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30036
A/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2004-05869, 2004-06210, 2005-01069 Robert D. Wilson, et al., appellants-respondents, v Hallen Construction Corporation, respondent- appellant. (Index No. 6828/95)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Kings County, dated May 28, 2004, a judgment of the same court entered June 14, 2004, and an appeal and cross appeal from a judgment of the same court dated December 22, 2004, to strike the appellants-respondents' joint appendix and portions of their brief, on the ground that it refers to matters dehors the record, and to enlarge its time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the joint appendix and portions of the appellants-respondents' brief is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the respondent-appellant to serve and file a brief is granted, and the time of the respondent-appellant to serve and file a brief is enlarged until November 1, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29983
C/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-06321
In the Matter of Steven Ackerley, appellant, v Suzanne Haenel, et al., respondents. (Docket No. V-3824-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney assigned to represent the appellant in the Family Court, Orange County, to be relieved as the attorney for the appellant, and for leave to the appellant to prosecute the appeal as a poor person and for the assignment of counsel on an appeal from an order of the Family Court, Orange County, dated June 2, 2005.
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 no appeal lies from an order entered upon the appellant's default (see CPLR 5511).
S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30046
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-08586 In the Matter of Alfred DelBianco, etc., et al., petitioners, v Board of Education of Mahopac Central School District, et al., respondents.
(Index No. 1551/05)
| DECISION & ORDER ON MOTION |
Motion by Board of Education of Mahopac Central School District and the Mahopac Central School District for leave to appeal to this court from an order of the Supreme Court, Dutchess County, dated September 9, 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.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30085
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-08023 In the Matter of Luis G. (Anonymous), respondent, v Elsie C. (Anonymous), appellant. (Docket Nos. V-01850-00, V-15811-99)
| DECISION & ORDER ON MOTION |
Appeal by Elsie C. from an order of the Family Court, Queens County, dated July 14, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Family Ct Act § 1112).
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29985
S/sl
|
2005-03125
In the Matter of GEICO, petitioner-respondent, v Rashein McDonald, et al., respondents, State Farm Mutual Automobile Insurance Company, appellant. (Index No. 12417/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated February 10, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30103
M/nal
|
2005-06281 In the Matter of Jacqueline Grigoli, appellant, v Carmine Grigoli, respondent. (Docket No. V-01889-05)
| SCHEDULING ORDER |
Appeal by Jacqueline Grigoli from an order of the Family Court, Richmond County, dated June 29, 2005. By decision and order on motion of this court dated September 14, 2005, the following attorney was assigned as counsel on the appeal:
Carol Kahn, Esq.
225 Broadway, Suite 1515
New York, New York 10007
(212) 693-0090
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 30 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 30 days of the date of this scheduling order; and it is further,
ORDERED that within 15 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 14, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 15 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M30057
A. GAIL PRUDENTI, P.J. F/
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-04810
In the Matter of Chanel Monique L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric P. (Anonymous), appellant. (Docket No. N-14869-04)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court |
On the court's own motion, it is
ORDERED that counsel assigned to prosecute an appeal from an order of the Family Court, Suffolk County, dated April 28, 2005, is relieved of the assignment and is directed to turn over all papers in the action to new counsel herein assigned.
The appellant's motion for assignment of counsel was granted on July 20, 2005, and the following named attorney was assigned to prosecute the appeal:
Russell C. Morea, Esq.
184 North Lane
Smithtown, New York 11787
(718) 263-2400
and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:
Channing Kury, Esq.
15 Saratoga Street
Commack, New York 11725
(631) 499-0105
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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30040
S/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-00300, 2005-00601, 2005-00602, 2005-00603 In the Matter of Jimmy J. R. (Anonymous). Heart Share Human Services, respondent; Hilda C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Haydee R. (Anonymous). Heart Share Human Services, respondent; Hilda C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Tatiana W. (Anonymous). Heart Share Human Services, respondent; Hilda C. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Iesha W. (Anonymous). Heart Share Human Services, respondent; Hilda C. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-08381-03, B-08382-03 B-10482-03, B-10483-03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated August 15, 2005, in the above-entitled matter is amended by deleting from the decretal paragraph thereof the date "November 19, 2004," and substituting therefor the date "November 19, 2003".
RITTER, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29979
E/sl
ANITA R. FLORIO, J.P.
BARRY A. COZIER
SONDRA MILLER
FRED T. SANTUCCI, JJ.
|
2004-02604 In the Matter of William Seals, petitioner, v Brion Fischer, respondent. (Index No. 9533/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - April 2005 Calendar", dated May 10, 2005, as dismissed a proceeding pursuant to CPLR article 78 for failure to timely perfect the same, to reinstate the proceeding, and to enlarge the time to perfect the proceeding.
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., COZIER, S. MILLER and SANTUCCI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30048
A. GAIL PRUDENTI, P.J. F/
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-05200
In the Matter of Jason Tavarez, respondent, v Samantha Musse, appellant. (Docket No. V-20414/01)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel of Assignment and to Assign New Counsel - Family Court |
On the court's own motion, it is
ORDERED that counsel assigned to prosecute an appeal from an order of the Family Court, Kings County, dated April 29, 2005, is relieved of the assignment and is directed to turn over all papers in the action to new counsel herein assigned.
The appellant's motion for assignment of counsel was granted on September 6, 2005, and the following named attorney was assigned to prosecute the appeal:
Richard Cardinale, Esq.
26 Court Street - Suite 1815
Brooklyn, New York 11242
(718) 624-9391
and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as new counsel to prosecute the appeal:
Larry Bachner, Esq.
90-50 Parsons Blvd - Suite 401
Jamaica, New York 11432
(917) 378-0176
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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30081
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-08282 In the Matter of Marjorie Teller, respondent, v Grover Tubbs, appellant. (Docket No. F-04148-96)
| DECISION & ORDER ON MOTION |
Appeal by Grover Tubbs from an order of the Family Court, Orange County, dated July 14, 2005.
Now on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated July 14, 2005, is not subject to appellate review until objections thereto have been reviewed by a judge of the Family Court (see Family Ct Act § 439[e]).
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30043
S/sl
|
2005-00094
In the Matter of Travelers Indemnity Company of Illinois, s/h/a Travelers Property Casualty, appellant, v Kristine M. Ciambra, respondent; Utica Mutual Insurance Company, proposed additional respondents-respondents. (Index No. 4633/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered November 1, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30080
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2003-06442 The People, etc., respondent, v Walter Adelman, appellant. (Ind. No. 44/02)
| 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, Richmond County, rendered July 18, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to serve and file a supplemental pro se brief is enlarged until October 26, 2005, and the appellant's supplemental pro se brief must be served and filed on or before that date.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 4043
Clinton Corr. Fac.
Box 2001
Dannemora, New York 12929
Appellate Division : Second Judicial Department
M29967
F/
HOWARD MILLER, J.
|
2005-07864 The People, etc., plaintiff, v Tiquan Davis, defendant. (Ind. No. 5511/94)
| 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 July 6, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M29973
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2003-02317 The People, etc., respondent, v Julio DeLossantos, appellant. (Ind. No. 02-00197)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Rockland County, rendered January 30, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant is granted leave to file a supplemental pro se brief; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes 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.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29971
E/sl
BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT J. LUNN, JJ.
|
2002-04524 The People, etc., respondent, v Corey Edwards, appellant. (Ind. No. 2464/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered April 19, 2002, for leave to serve and file an appendix to his supplemental brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appendix shall be served and filed on or before October 24, 2005.
COZIER, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30047
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-06321 The People, etc., respondent, v Aron Scott, a/k/a Nazir Guman, appellant.
(Ind. No. 11205/97)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated August 25, 2005, in the above-entitled case is amended by (1) deleting from the caption thereof the name "Avon Scott, a/k/a Juman Nazir", and substituting therefor the name "Aron Scott, a/k/a Nazir Guman", and by deleting from the footer thereof the name "Scott, Avon, a/k/a Nazir, Juman" and substituting therefor the name "Scott, Aron, a/k/a Guman, Nazir".
H. MILLER, J.P., COZIER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30045
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-06558 The People, etc., respondent, v Derrick Tigner, appellant. (Ind. No. 04-01074)
| DECISION & ORDER ON MOTION Court's Motion to Relieve Counsel and to Assign New Counsel |
The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 2, 2005, was granted on September 6, 2005. The following named attorney was assigned to prosecute the appeal:
Donald H. Zuckerman, Esq.
P.O. Box 460
Pound Ridge, New York 10576
On the court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Richard Birnbaum, Esq.
200 Mamaroneck Avenue
White Plains, New York 10601
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 assigned counsel with a copy of the pre-sentence 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M29958
E/sl
SONDRA MILLER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-06922 The People, etc., respondent, v Andre Webb, appellant.
(Ind. No. 03-1613)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered November 24, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that motion is denied as unnecessary as a notice of appeal was timely filed on December 16, 2004, in the office of the Westchester County Clerk.
S. MILLER, J.P., RITTER, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court