Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR SEPTEMBER 20, 2004

TITLECase Number
AFA Protective Systems, Inc. v City of New Yo2004-01716
Benson v Benson2004-02423
Breiding v Giladi2004-01778
Daley v Shahzad2004-02630
Diamantstein v Sawicki2004-02911
Donovan v Szlepcsik2004-02390
Evans v Evans2003-11126
Gallo v Otis Elevator Company2003-10816
Garces v Yip2004-02608
Greenwood v Tuzzolo2004-04608
Kopsidas v Krokos2004-01977
Leisure Glen Homeowners Association, Inc. v T2004-02094
Markowitz v Makura, Inc.2004-02900
Morris v Viscuso2004-02236
Presbyterian Church of St. Albans, N.Y. v Prime2004-01338
Sakhnovskiy v 409 Taxi Corp.2003-10525
Shafqat v Blackman2004-02489
Town of Malone v United States Fire Insurance2004-04631
Mtr of Allstate Insurance Company v Pena2004-05394
Mtr of Bailey v Bailey2004-03376
Mtr of Denham v Kaplan2004-06036
Mtr of G. (Anonymous), Anthony Christopher, J2004-01474
Mtr of Gittens v Chinon2004-05793
Mtr of Greenidge v Greenidge2004-05894
Mtr of H. (Anonymous), Shanasia; L., Dominiqu2004-00482
Mtr of H. (Anonymous), Vincent2004-03013
Mtr of Hatcher v Fisichella2004-06115
Mtr of Lopez v Giles2004-06658
Mtr of M. (Anonymous), Darien Jermaine, Jr.2004-03370
Mtr of M. (Anonymous), David; Angel Guardian 2002-06094 +1
Mtr of M. (Anonymous), Jeremiah; Family Supp.2004-03346
Mtr of Marino v Marino2004-04099
Mtr of Martinez v Martinez2004-05308
Mtr of Mc. (Anonymous), Dalessa; Corporation 2004-06641
Mtr of P. (Anonymous), Jaquan; Nassau County2004-04902
Mtr of Penn v Penn2004-01271
Mtr of Perez v Villamil2004-06424
Mtr of R. (Anonymous), Dashawna; Family Supp.2004-03374
Mtr of S.-P. (Anonymous), Elesabif; P., Isabe2004-02775
Mtr of Shikarchy v Hilsenrath2004-05940
Mtr of Sinisclachi v Crotty2004-06765
Mtr of Tolbert v Scott2004-07604 +1
Mtr of Tyk v New York State Department of Edu2004-01491
Mtr of V. (Anonymous), Jonathan2004-01882
Mtr of W. (Anonymous), Kenneth Adam Noel2004-03319
Mtr of W. (Anonymous), Michael; Administratio2004-01016 +1
Mtr of Zapken v Marshall2004-03764
Peo v Crittleton, Geshawn2004-05964
Peo v Floyd, Keith2004-06106
Peo v Griffin, Edwin2001-10940
Peo v Hall, Bryant2004-06112
Peo v Phifer, Renita2004-06674
Peo v Reznikov, Yani2004-05183
Peo v Wilson, Garrett2004-05681







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

Appellate Division: Second Judicial Department

M16003

PL/sl

2004-01716

AFA Protective Systems, Inc., et al., appellants,

v City of New York, respondent.

(Index No. 43521/94)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated January 8, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 8, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16004

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2004-02423

Bruce P. Benson, appellant,

v Mary Ann Benson, respondent.

(Index No. 5478/96)

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, Westchester County, entered February 25, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 19, 2004, 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




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

Appellate Division: Second Judicial Department

M15996

PL/sl

2004-01778

Elisa Breiding, et al., appellants,

v David Giladi, respondents.

(Index No. 20224/01)

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, Queens County, dated November 18, 2003.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 11, 2004, 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




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

Appellate Division: Second Judicial Department

M16038

J/sl

2004-02630

Dalton Daley, et al., respondents,

v Sohail Shahzad, et al., appellants.

(Index No. 1234/02)

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 February 5, 2004.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 21, 2004, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16010

J/sl

2004-02911

Raoul Diamantstein, etc, et al., appellants,

v Konrad Sawicki, respondent, et al., defendants.

(Index No. 46002/00)

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 28, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal 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.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16015

CF/

2004-02390

Lari D. Donovan, respondent,

v Christopher R. Szlepcsik, appellant.

(Index No. 27131/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated September 17, 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 marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15889

S/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-11126

Joan Evans, appellant,

v Bret Evans, respondent.

(Index No. 28177/99)

DECISION & ORDER ON MOTION

Motion by Bret Evans to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 3, 2003.

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

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as this appeal is a duplicate of an appeal and cross appeal pending under Appellate Division Docket No. 2003-10003; and it is further,

ORDERED that the motion is denied as academic.

KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M15993

E/sl

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

ROBERT W. SCHMIDT

PETER B. SKELOS, JJ.

2003-10816

Richard Gallo, et al., respondents,

v Otis Elevator Company, et al., defendants,

Ace Elevator Co., Inc. s/h/a Ace Elevator,

appellant.

(Index No. 28321/00)

DECISION & ORDER ON MOTION

Motion by the Port Authority of New York and New Jersey on an appeal from an order of the Supreme Court, Queens County, dated October 15, 2003, inter alia, for leave to serve and file a brief, in effect, as an appellant, or alternatively, a brief in support of 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M16063

CF/

2004-02608

Carlos C. Garces, et al., respondents-appellants,

v Kim V. Yip, et al., appellants-respondents.

(Index No. 34996/02)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated February 19, 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 cross appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16008

J/sl

2004-04608

Dexter Greenwood, respondent,

v Charles Tuzzolo, et al., appellants.

(Index No. 2684/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated January 6, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 15, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16000

PL/sl

2004-01977

Stamata Kopsidas, respondent,

v Steven Krokos, et al., appellants.

(Index No. 11291/97)

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, Queens County, dated entered February 9, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 22, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16009

J/sl

2004-02094

Leisure Glen Homeowners Association, Inc.,

respondent, v Robert A. Torres, et al., appellants.

(Index No. 31111/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 9, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before September 24, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16021

CF/

2004-02900

Marty Markowitz, et al., respondents,

v Makura, Inc., etc., appellant.

(Index No. 23203/03)

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 26, 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




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

Appellate Division: Second Judicial Department

M16002

PL/sl

2004-02236

Karen Morris, etc., respondent,

v Pasquale C. Viscuso, appellant,

et al., defendants.

(Index No. 8370/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 29, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 21, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16019

CF/

2004-01338

Presbyterian Church of St. Albans, N.Y.,

appellant, v Prime Contracting Design

Corporation, et al., respondents.

(Index No. 30745/02)

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 January 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




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

Appellate Division: Second Judicial Department

M16057

J/sl

2003-10525

Shulim Sakhnovskiy, et al., respondents,

v 409 Taxi Corp., et al., appellants.

(Index No. 14473/01)

ORDER ON APPLICATION

Application by the respondents 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 October 20, 2003.

ORDERED that the application is granted and the respondents' time to file a brief is enlarged until September 21, 2004, and the respondents' brief must be filed on or before that date; and it is further,

ORDERED that the appellants' reply brief, if any, must be served and filed on or before October 1, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16005

J/sl

2004-02489

Kamran Shafqat, etc., et al., appellants,

v Jamie Blackman, et al., respondents.

(Index No. 28875/95)

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 23, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 12, 2004, 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




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

Appellate Division: Second Judicial Department

M16017

CF/

2004-04631

Town of Malone, et al., respondents, v

United States Fire Insurance Company,

et al., appellants.

(Index No. 15358/03)

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 April 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




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

Appellate Division: Second Judicial Department

M16050

CF/

2004-05394

In the Matter of Allstate Insurance Company,

respondent, v Grace Pena, et al., appellants.

(Index No. 31344/02)

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 May 17, 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




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

Appellate Division: Second Judicial Department

M15971

M/nal

2004-03376

In the Matter of Olivia Bailey, appellant,

v Leando Bailey, respondent.

(Docket No. F-04255/02)

SCHEDULING ORDER

Appeal by Olivia Bailey from an order of the Family Court, Queens County, dated March 11, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15975

M/nal

2004-06036

In the Matter of Sheree Denham, respondent,

v Steven Kaplan, appellant.

(Docket No. U-758/02)

ORDER TO SHOW CAUSE

Appeal by Steven Kaplan from an order of the Family Court, Richmond County, dated June 14, 2004. By scheduling order dated July 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15979

M/nal

2004-01474

In the Matter of Anthony Christopher G. (Anonymous), Jr.

St. Christopher-Ottillie, respondent;

Anthony G. (Anonymous), appellant.

(Docket No. B-1880-02)

SCHEDULING ORDER

Appeal by Anthony G. from an order of the Family Court, Kings County, dated January 2, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 21, 2004, and the respondent's brief was served and filed on September 10, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until October 8, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15952

M/nal

2004-05793

In the Matter of George Gittens, appellant,

v Michele Chinon, respondent.

(Docket No. V-10179/00)

SCHEDULING ORDER

Appeal by George Gittens from an order of the Family Court, Kings County, dated June 22, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

Lewis S. Calderon, Esq.

90-50 Parsons Blvd. - Suite 405

Jamaica, New York 11432

(718) 883-1560

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, 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.




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

Appellate Division: Second Judicial Department

M15951

M/nal

2004-05894

In the Matter of Joseph Greenidge, appellant,

v Janice Greenidge, respondent.

(Docket Nos. V-14950-04, V-14951-04, V-14952-04)

SCHEDULING ORDER

Appeal by Joseph Greenidge from an order of the Family Court, Kings County, dated June 23, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

Yasmin Daley-Duncan, Esq.

218 Smith Street

Brooklyn, New York 11201

(718) 284-3575

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 718-722-6313 with any questions.




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

Appellate Division: Second Judicial Department

M15968

M/nal

2004-00482

In the Matter of Shanasia H. (Anonymous).

Suffolk County Department of Social Services,

respondent; Eric R. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Dominque L. (Anonymous).

Suffolk County Department of Social Services,

respondent; Eric R. (Anonymous), appellant.

(Proceeding No. 2)

(Docket Nos. N-1004/03, N-1512/03, F-15540-02)

SCHEDULING ORDER

Appeal by Eric R. from an order of the Family Court, Suffolk County, entered December 15, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 4, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M15960

M/nal

2004-03013

In the Matter of Vincent H. (Anonymous),

appellant.

(Docket No. D-4740/03)

SCHEDULING ORDER

Appeal by Vincent H. from an order of the Family Court, Queens County, dated March 9, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15973

M/nal

2004-06115

In the Matter of Jennifer L. Hatcher, respondent,

v Paul J. Fisichella, appellant.

(Docket Nos. V-11488-03, V-16436-03)

ORDER TO SHOW CAUSE

Appeal by Paul J. Fisichella from an order of the Family Court, Suffolk County, dated June 9, 2004. By scheduling order dated July 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

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

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

(4)an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15963

M/nal

2004-06658

In the Matter of Franky Lopez, appellant,

v Laurie Giles, respondent.

(Docket No. V-11850-03)

ORDER TO SHOW CAUSE

Appeal by Franky Lopez from an order of the Family Court, Westchester County, dated June 22, 2004. By scheduling order dated August 11, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 11, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15998

M/nal

2004-03370

In the Matter of Darien Jermaine M. (Anonymous), Jr.

Family Support Systems Unlimited, Inc., et al.,

respondents; Lashawn R. (Anonymous), appellant.

(Docket No. B-15877-02)

ORDER TO SHOW CAUSE

Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. By order dated June 10, 2004, the appellant was granted until July 16, 2004, 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. The appellant has failed to comply with the order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated June 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M16028

J/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-06094, 2003-01899

In the Matter of David M. (Anonymous).

Angel Guardian Children & Family Services, Inc.,

et al., respondents; Kelly M. (Anonymous),

appellant.

(Proceeding No. 1)

(Docket No. B-7793/99)

In the Matter of Joy M. (Anonymous).

Angel Guardian Children & Family Services, Inc.,

et al., respondents; Kelly M. (Anonymous),

appellant.

(Proceeding No. 2)

(Docket No. B-7794/99)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 13, 2004, in the above-entitled matter is amended by deleting from the first decretal thereof the name "Judge Nora Freeman," and substituting therefor the name "Judge Philip Segal."

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M15997

M/nal

2004-03346

In the Matter of Jeremiah M. (Anonymous).

Family Support Systems Unlimited, Inc., et al.,

respondents; Lashawn R. (Anonymous), appellant.

(Docket No. B-17119/03)

ORDER TO SHOW CAUSE

Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. By order dated June 10, 2004, the appellant was granted until July 16, 2004, 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. The appellant has failed to comply with the order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated June 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M15964

M/nal

2004-04099

In the Matter of Gigi M. Marino, respondent,

v Thomas D. Marino, appellant.

(Docket No. O-01861-04)

SCHEDULING ORDER

Appeal by Thomas D. Marino from an order of the Family Court, Suffolk County, dated April 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 6, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until October 15, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15962

M/nal

2004-05308

In the Matter of Cynthia Martinez, respondent,

v Geraldo Martinez, appellant.

(Docket No. F-03051-03)

SCHEDULING ORDER

Appeal by Geraldo Martinez from an order of the Family Court, Orange County, dated May 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 14, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.




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

Appellate Division: Second Judicial Department

M15950

M/nal

2004-06641

In the Matter of Dalessa Mc. (Anonymous),

appellant.

(Docket No. D-5918-04)

SCHEDULING ORDER

Appeal by Dalessa Mc. from an order of the Family Court, Kings County, dated July 19, 2004. By decision and order of this court dated September 15, 2004, the following attorney was assigned as counsel on the appeal:

Lawrence A. Salvato, Esq.

P.O. Box 6401

New York, New York 10128

(212) 427-9616;

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated September 15, 2004, has been served upon the clerk of the court from which the appeal is taken, 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.




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

Appellate Division: Second Judicial Department

M15961

M/nal

2004-04902

In the Matter of Jaquan P. (Anonymous), appellant.

(Docket No. D-11935-03)

SCHEDULING ORDER

Appeal by Jaquan P. from an order of the Family Court, Nassau County, dated May 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 15, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.




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

Appellate Division: Second Judicial Department

M15978

M/nal

2004-01271

In the Matter of Stephen R. Penn, appellant,

v Ingrid M. Penn, respondent.

(Docket Nos. V-21834-03, V-21835-03)

SCHEDULING ORDER

Appeal by Stephen R. Penn from an order of the Family Court, Queens County, dated January 13, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 8, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.

ENTER:

James Edward Pelzer

Clerk of the Court

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



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

Appellate Division: Second Judicial Department

M15969

M/nal

2004-06424

In the Matter of Patricia Perez, respondent,

v Mario Villamil, appellant.

(Docket No. F-968-96)

ORDER TO SHOW CAUSE

Appeal by Mario Villamil from an order of the Family Court, Queens County, dated June 30, 2004. By scheduling order dated July 29, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

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

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

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 29, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15999

M/nal

2004-03374

In the Matter of Dashawna R. (Anonymous).

Family Support Systems Unlimited, Inc., et al.,

respondents; Lashawn R. (Anonymous), appellant.

(Docket No. B-15876/02)

ORDER TO SHOW CAUSE

Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004. By order dated June 10, 2004, the appellant was granted until July 16, 2004, 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. The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the order dated June 10, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M15972

M/nal

2004-02775

In the Matter of Elesabif S.-P. (Anonymous).

Commissioner of Administration for Children's

Services of City of New York, appellant;

Martha S. (Anonymous), respondent.

(Proceeding No. 1)

In the Matter of Isabel P. (Anonymous).

Commissioner of Administration for Children's

Services of City of New York, appellant;

Martha S. (Anonymous), respondent.

(Proceeding No. 2)

In the Matter of Tanya P. (Anonymous).

Commissioner of Administration for Children's

Services of City of New York, appellant;

Martha S. (Anonymous), respondent.

(Proceeding No. 3)

(Docket Nos. NN-26038-00, NN-26039-00,

NN-26040-00)

SCHEDULING ORDER

Appeal by Commissioner of Administration for Children's Services of the City of New York from an order of the Family Court, Kings County, dated April 1, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.



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

Appellate Division: Second Judicial Department

M15976

M/nal

2004-05940

In the Matter of Ezra Shikarchy, appellant,

v Robin Hilsenrath, respondent.

(Docket Nos. V-05302-04, V-05303-04,

V-05304-04)

ORDER TO SHOW CAUSE

Appeal by Ezra Shikarchy from an order of the Family Court, Nassau County, dated June 4, 2004. By scheduling order dated July 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

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

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

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15995

PL/sl

2004-06765

In the Matter of Anthony Sinisclachi, petitioner,

v Erin M. Crotty, respondent.

(Index No. 16843/03)

ORDER ON APPLICATION

Application by the petitioner 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 an order of the Supreme Court, Nassau County, dated February 13, 2004.

ORDERED that the application is granted and the petitioner's time to perfect the appeal is enlarged until October 15, 2004, and the record or appendix on the appeal and the petitioner's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15885

C/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

THOMAS A. ADAMS

ROBERT A. SPOLZINO, JJ.

2004-07604, 2004-07607

In the Matter of Derek Tolbert, appellant,

v Tamara Scott, respondent.

(Proceeding No. 1)

(Docket No. V-20709/03)

In the Matter of Sandra Scott, petitioner-

respondent, v Tamara Scott, respondent,

Derek Tolbert, appellant.

(Proceeding No. 2)

(Docket No. V-21911/03)

DECISION & ORDER ON MOTION

Motion by Derek Tolbert, inter alia, for leave to appeal to this court from two orders of the Family Court, Queens County, both dated August 25, 2004, and to stay all proceedings in the above-entitled proceedings pending hearing and determination of the appeals from the orders.

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 from the orders is granted; and it is further,

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

ORDERED that on the court's own motion, the appellant shall perfect the appeals on or before October 12, 2004, 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 his brief on the appeal; and it is further,

ORDERED that the petitioner-respondent shall serve and file her brief on or before November 3, 2004; and it is further,

ORDERED that the appellant shall serve and file his reply brief, if any, on or before November 15, 2004.

PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M16001

PL/sl

2004-01491

In the Matter of Aaron Tyk, respondent,

v New York State Department of Education,

appellant.

(Index No. 37149/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 24, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 1, 2004, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15974

M/nal

2004-01882

In the Matter of Jonathan V. (Anonymous),

appellant.

(Docket No. D-05007-03)

ORDER TO SHOW CAUSE

Appeal by the juvenile from an order of the Family Court, Richmond County, dated January 14, 2004. By decision and order of this court dated August 3, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 7, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M15965

M/nal

2004-03319

In the Matter of Kenneth Adam Noel W. (Anonymous).

Pius XII Youth and Family Services, et al., respondents;

Tommie W. (Anonymous), appellant.

(Docket No. B-2591/00)

ORDER TO SHOW CAUSE

Appeal by Tommie W. from an order of the Family Court, Kings County, dated March 15, 2004. By decision and order of this court dated July 12, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 10, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M15970

M/nal

2004-01016, 2004-01018

In the Matter of Michael W. (Anonymous).

Administration for Children's Services,

respondent; Stella W. (Anonymous), appellant.

(Proceeding No. 1)

(Docket No. B-10480/01)

In the Matter of Stella W. (Anonymous).

Administration for Children's Services,

respondent; Stella W. (Anonymous), appellant.

(Proceeding No. 2)

(Docket No. B-10481/01)

SCHEDULING ORDER

Appeals by the mother, Stella W., from two orders of the Family Court, Queens County, both dated December 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 10, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.

ENTER:

James Edward Pelzer

Clerk of the Court

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



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

Appellate Division: Second Judicial Department

M15959

M/nal

2004-03764

In the Matter of Michael Zapken, respondent,

v Mary Marshall, appellant.

(Docket No. V-2749-93)

ORDER TO SHOW CAUSE

Appeal by Mary Marshall from an order of the Family Court, Richmond County, dated April 19, 2004. By decision and order of this court dated August 3, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 8, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 5, 2004; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M15622

F/

ANITA R. FLORIO, J.

2004-05964

The People, etc., plaintiff,

v Geshawn Crittleton, defendant.

(Ind. Nos. 2931/91, 2954/91, 5693/91, 7564/91)

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 June 1, 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.

ANITA R. FLORIO

Associate Justice




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

Appellate Division: Second Judicial Department

M15485

F/

HOWARD MILLER, J.

2004-06106

The People, etc., plaintiff,

v Keith Floyd, defendant.

(Ind. No. 7893/97)

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 June 17, 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.

HOWARD MILLER

Associate Justice



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

Appellate Division: Second Judicial Department

M16024

S/sl

2001-10940

The People, etc., respondent,

v Edwin Griffin, appellant.

(Index No. 2623/00)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Nassau County, dated November 28, 2001.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on September 14, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court




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

Appellate Division: Second Judicial Department

M15628

F/

SONDRA MILLER, J.

2004-06112

The People, etc., plaintiff,

v Bryant Hall, defendant.

(Ind. No. 1443-01)

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 County Court, Suffolk County, dated May 12, 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.

SONDRA MILLER

Associate Justice



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

Appellate Division: Second Judicial Department

M15630

F/

DAVID S. RITTER, J.

2004-06674

The People, etc., plaintiff,

v Renita Phifer, defendant.

(Ind. No. 13202/94)

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 June 21, 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.

DAVID S. RITTER

Associate Justice



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

Appellate Division: Second Judicial Department

M15632

F/

DAVID S. RITTER, J.

2004-05183

The People, etc., plaintiff,

v Yani Reznikov, defendant.

(Ind. No. 8188/01)

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 24, 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.

DAVID S. RITTER

Associate Justice



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

Appellate Division: Second Judicial Department

M15631

F/

DAVID S. RITTER, J.

2004-05681

The People, etc., plaintiff,

v Garrett Wilson, defendant.

(Ind. No. 1881/96)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 8, 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.

DAVID S. RITTER

Associate Justice