Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR SEPTEMBER 20, 2005

TITLECase Number
Arnold v New York City Housing Authority2005-07326
Bengard v Bengard2005-00443
Herlitz-Ferguson v Herlitz-Ferguson2005-08360
New York & Presbyterian Hospital, a/a/o Elman v Al2005-02376
Panish v Panish2005-04590 +1
Sayegh v Sayegh2004-07251 +1
Tornheim v Tornheim2005-01859 +1
Mtr of A. (Anonymous), Ray Jr.; St. Vincent's Serv2004-08499 +1
Mtr of Abranko v Vargas2005-01394
Mtr of B. (Anonymous), Amy; B., Steven; Orange Cou2005-04703
Mtr of B. (Anonymous), Amy; B., Steven; Orange Cou2005-04703
Mtr of B. (Anonymous), Cantina; Administration for2005-04427
Mtr of D. (Anonymous), Melinda; Administration for2004-09642
Mtr of G. (Anonymous), Derek; Corporation Counsel2005-01120
Mtr of Gabriel v Cooper2005-02158
Mtr of Gertzulin v Gertzulin2005-05622
Mtr of H. (Anonymous), Q.L.; R. (Anonymous), Y.-L.;2004-11330 +3
Mtr of Joseph v Isidore2005-05081
Mtr of L. (Anonymous), Desiree; Dylan; J., Nicole;2004-10166
Mtr of Laboy v Melendez2004-10993
Mtr of Lerner v Relkin2005-03292
Mtr of M. (Anonymous), Sean Roni, a/k/a M. (Anony2005-06312
Mtr of M. (Anonymous), Shaquan; Orange County At2005-02517
Mtr of Morocco v Caporicci2005-03390
Mtr of P. (Anonymous), Crystallyn; Dutchess County2004-07695
Mtr of P. (Anonymous), Liam Frances2004-11329
Mtr of Pane v Pane2005-04809
Mtr of Rotundi v Rotundi2005-06613
Mtr of Rust v Dossantos2004-07488
Mtr of S. (Anonymous), Thomas; Corporation Counsel2005-00607
Mtr of Schreurs v Johnson2005-02077
Mtr of Tavarez v Musse2005-05200
Mtr of Thomas v Thomas2005-03529
Mtr of Waldman v Waldman2005-04303
Peo v Alicea-Cruz, Norma2005-00367
Peo v Rhodes, Christopher2005-08625
Peo v Whiting, James2004-05746






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

Appellate Division: Second Judicial Department

M30213

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-07326

Timothy Arnold, appellant, v

New York City Housing Authority,

respondent.

(Index No. 17640/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 16, 2005, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal, and cross motion by the respondent to dismiss the appeal on the ground that the order is not appealable as of right, and leave to appeal has not been granted.

Upon the papers filed in support of the motion and the cross 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 (see Koczen v VMR Corporation, 300 AD2d 285); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action pending hearing and determination of the appeal is denied as academic; and it is further,

ORDERED that the cross motion is granted, and the appeal purportedly taken as of right from the order dated June 16, 2005, is dismissed, without costs or disbursements.

FLORIO, J.P., KRAUSMAN, SKELOS 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

M30221

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-00443

Kenneth Bengard, appellant,

v Theresa Bengard, respondent.

(Index No. 6035/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Richmond County, dated November 23, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal. Application by the respondent to enlarge the time to serve and file a brief and appendix on the appeal.

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

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

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

ORDERED that the respondent's time to serve and file a brief and appendix is enlarged until October 20, 2005, and the respondent's brief and appendix 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


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

Appellate Division: Second Judicial Department

M30216

R/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-08360

Susanne Herlitz-Ferguson, appellant,

v Mark Herlitz-Ferguson, respondent.

(Index No. 4314/03)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered August 24, 2005, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

FLORIO, J.P., KRAUSMAN, SKELOS 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

M30212

Y/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-02376

New York & Presbyterian Hospital, a/a/o

Yaakov Elman, et al., appellants, et al., plaintiffs,

v Allstate Insurance Company, respondent.

(Index No. 6805/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated February 18, 2005, to strike portions of the respondent's brief on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is denied, as the appellants raised the same claim in their reply brief, and the issue will be resolved on the appeal.

H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court


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

Appellate Division: Second Judicial Department

M30228

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-04590, 2005-06395

Karen Panish, respondent,

v Sam Panish, appellant.

(Appeal No. 1)

Karen Panish, appellant,

v Sam Panish, respondent.

(Appeal No. 2)

(Index No. 01111/05)

DECISION & ORDER ON MOTION

Motion by the appellant in Appeal No. 1, on appeals from two orders of the Supreme Court, Suffolk County, dated April 15, 2005 (Appellate Division Docket No. 2005-04590), and June 2, 2005 (Appellate Division Docket No. 2005-06395), respectively, inter alia, for a preference in the calendaring of the appeal from the order dated April 15, 2005 (Appellate Division Docket No. 2005-04590).

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 branch of the motion which is for a preference in the calendaring of the appeal from the order dated April 15, 2005 (Appellate Division Docket No. 2005-04590) is granted and the appeal shall be calendared when it is fully perfected; and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court


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

Appellate Division: Second Judicial Department

M30209

Y/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2004-07251, 2005-03422

Teri Sayegh, appellant,

v Isaac Sayegh, respondent.

(Index No. 34917/89)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated June 16, 2004, and October 13, 2004, respectively, inter alia, to strike the appendix on the ground that it is inadequate and contains matter dehors the record, and to enlarge the time to serve and file a brief on 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 enlargement of time is granted, 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; and it is further,

ORDERED that the motion is otherwise denied.

H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30151

M/nal

2005-01859, 2005-01860

Uri Tornheim, appellant,

v Doreen Tornheim, respondent.

(Index No. 29640/99)

SCHEDULING ORDER

Appeals by Uri Tornheim from two orders of the Supreme Court, Kings County, dated December 15, 2004, and January 21, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 2, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 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 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

M30171

M/nal

2004-08499, 2005-04689

In the Matter of Ray A. (Anonymous), Jr.

St. Vincent's Services, petitioner-respondent;

Marilyn R. (Anonymous), respondent-respondent;

Steven Banks, etc., nonparty-appellant.

In the Matter of Marilyn Roslyn C. (Anonymous).

St. Vincent's Services, petitioner-respondent;

Marilyn R. (Anonymous), respondent-respondent;

Steven Banks, etc., nonparty-appellant.

(Docket Nos. B-1853/01, B-1854/01)

SCHEDULING ORDER

Appeals by the law guardian from two orders of the Family Court, Queens County, dated April 18, 2005, and August 26, 2004, respectively. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until October 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30138

M/nal

2005-01394

In the Matter of Ernest Abranko, appellant,

v Madelyn Vargas, respondent.

(Docket Nos. V-10509-04, V-10510-04)

SCHEDULING ORDER

Appeal by Ernest Abranko from an order of the Family Court, Suffolk County, dated January 18, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 15, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 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 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

M30159

M/nal

2005-04703

In the Matter of Amy B. (Anonymous).

Orange County Department of Social Services,

respondent; Lee B. (Anonymous), et al., appellants.

(Proceeding No. 1)

In the Matter of Steven B. (Anonymous).

Orange County Department of Social Services,

respondent; Lee B. (Anonymous), et al., appellants.

(Proceeding No. 2)

(Docket Nos. B-2170-04, B-2171-04)

SCHEDULING ORDER

Appeals by Lee B. and Sadie B. from an order of the Family Court, Orange County, dated April 8, 2005. By decision and order on motion of this court dated August 26, 2005, the following attorney was assigned as counsel for appellant Sadie B. on the appeal:

Anthony N. Iannarelli, Jr., Esq.

28 Vesey Street - Suite 2279

New York, New York 10007

(212) 431-1031

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

ORDERED that the appeal in the above-entitled proceedings shall be perfected 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 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 August 26, 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 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

M30160

M/nal

2005-04703

In the Matter of Amy B. (Anonymous).

Orange County Department of Social Services,

respondent; Lee B. (Anonymous), et al., appellants.

(Proceeding No. 1)

In the Matter of Steven B. (Anonymous).

Orange County Department of Social Services,

respondent; Lee B. (Anonymous), et al., appellants.

(Proceeding No. 2)

(Docket Nos. B-2170-04, B-2171-04)

SCHEDULING ORDER

Appeals by Lee B. and Sadie B. from an order of the Family Court, Orange County, dated April 8, 2005. By decision and order on motion of this court dated August 26, 2005, the following attorney was assigned as counsel for appellant Lee B. on the appeal:

Del Atwell, Esq.

P.O. Box 2516

Montauk, New York 11954

(631) 267-2067

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

ORDERED that the appeal in the above-entitled proceedings shall be perfected 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 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 August 26, 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 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

M30168

M/nal

2005-04427

In the Matter of Cantina B. (Anonymous).

Administration for Children's Services, appellant;

Shoshannah M. (Anonymous), respondent; Kerwin

B. (Anonymous), respondent-respondent.

(Docket No. N-36406-04)

SCHEDULING ORDER

Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated April 13, 2005. The appellant's brief was filed in the office of the Clerk of this court on July 15, 2005, and the respondent's brief was served and filed on July 28, 2005. 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 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30139

M/nal

2004-09642

In the Matter of Melinda D. (Anonymous).

Administration for Children's Services,

et al., respondents; Claudia F. (Anonymous),

appellant.

(Docket No. N-3637-02)

SCHEDULING ORDER

Appeal by Claudia F. from an order of the Family Court, Kings County, dated September 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 14, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 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 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

M30175

M/nal

2005-01120

In the Matter of Derek G. (Anonymous), appellant.

(Docket No. D-5840/04)

SCHEDULING ORDER

Appeal by Derek G. from an order of the Family Court, Kings County, dated January 18, 2005. The appellant's brief was filed in the office of the Clerk of this court on July 29, 2005. 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 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30146

M/nal

2005-02158

In the Matter of Daria Michele Gabriel, respondent,

v Jokulo Mabusha Cooper, appellant.

(Docket No. F-941-03)

SCHEDULING ORDER

Appeal by Jokulo Mabusha Cooper from an order of the Family Court, Kings County, dated February 10, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 13, 2005. 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 30 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

M30154

M/nal

2005-05622

In the Matter of Barbara Gertzulin, respondent,

v Shlomo Gertzulin, appellant.

(Docket No. F-4340-04)

SCHEDULING ORDER

Appeal by Shlomo Gertzulin from an order of the Family Court, Rockland County, dated May 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 30, 2005. 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 30 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

M30153

M/nal

2004-11330, 2004-11331,

2004-11332, 2004-11334

In the Matter of Q. L. H. (Anonymous).

Administration for Children's Services, respondent;

C.-M. W. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Y.-L. R. (Anonymous).

Administration for Children's Services, respondent;

C.-M. W. (Anonymous), appellant.

(Proceeding No. 2)

(Docket Nos. N-18613-02, N-18614-02)

SCHEDULING ORDER

Appeals by C.-M. W. from four orders of the Family Court, Kings County, one dated August 20, 2004, and three dated October 27, 2004, respectively. 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 appeals by causing the original papers constituting the record on the appeals 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 appeals is enlarged until October 3, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30155

M/nal

2005-05081

In the Matter of Marie Joseph, respondent,

v Samuel Isidore, appellant.

(Docket No. F-02482-96)

SCHEDULING ORDER

Appeal by Samuel Isidore from an order of the Family Court, Suffolk County, dated May 4, 2005. By decision and order on motion of this court dated August 26, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, 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

M30148

M/nal

2004-10166

In the Matter of Desiree L. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Dylan L. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of Nicole J. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 3)

In the Matter of Lisa J. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 4)

In the Matter of Amanda J. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 5)

In the Matter of Erika J. (Anonymous).

Dutchess County Department of Social Services, respondent;

David L. (Anonymous), appellant.

(Proceeding No. 6)

(Docket Nos. N-8186-01, N-0204-02, N-08182-01,

N-08183-01, N-08184-01, N-08185-01)

SCHEDULING ORDER

Appeal by David L. from an order of the Family Court, Dutchess County, dated October 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 26, 2005. 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 14, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30125

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2004-10993

In the Matter of Lucila Laboy, respondent,

v Narcisso Melendez, appellant.

(Docket No. O-8392/04)

SCHEDULING ORDER

Appeal by Narcisso Melendez from an order of the Family Court, Kings County, dated October 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 20, 2005. 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 7, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., SANTUCCI, LUNN and COVELLO, 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

M30147

M/nal

2005-03292

In the Matter of Vivian Lerner, respondent,

v David H. Relkin, appellant.

(Docket Nos. F-24-01, F-2616-03, F-2617-03)

SCHEDULING ORDER

Appeal by David H. Relkin from an order of the Family Court, Rockland County, dated March 1, 2005. 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 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30073

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-06312

In the Matter of Sean Roni M. (Anonymous),

a/k/a Sean M. (Anonymous).

Little Flower Children's Services, petitioner-

respondent; Michael Paul M. (Anonymous), a/k/a

Michael M. (Anonymous), appellant; Lee Carole

H. (Anonymous), a/k/a Lee H. (Anonymous), a/k/a

Lee S. (Anonymous), respondent-respondent.

(Docket No. B-17807/01)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, in effect, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated June 1, 2005, to grant the appellant leave to prosecute the appeal as a poor person, and for a preference in the calendaring of the appeal.

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

ORDERED that the branches of the motion which are, in effect, to relieve counsel, for the assignment of new counsel, and to grant the appellant leave to prosecute the appeal as a poor person are granted; and it is further,

ORDERED that counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,

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

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

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

Steven P. Forbes, Esq.

90-50 Parsons Blvd.

Suite 401

Jamaica, New York 11432

(718) 791-8444

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; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521).

H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court


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

Appellate Division: Second Judicial Department

M30152

M/nal

2005-02517

In the Matter of Shaquan N. M. (Anonymous),

respondent.

Orange County Attorney, appellant.

(Docket No. D-214-05)

SCHEDULING ORDER

Appeal by the Orange County Attorney from an order of the Family Court, Orange County, dated February 25, 2005. 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 3, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30145

M/nal

2005-03390

In the Matter of Salvatore Morocco, appellant,

v Tara Caporicci, respondent.

(Docket No. V-11289-04)

SCHEDULING ORDER

Appeal by Salvatore Morocco from an order of the Family Court, Suffolk County, dated March 16, 2005. On the court's own motion it is

ORDERED that its scheduling order dated August 10, 2005, is recalled and vacated, and the following is substituted therefor:

Appeal by Salvatore Morocco from an order of the Family Court, Suffolk County, dated March 16, 2005. By decision and order of this court dated September 8, 2005, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, 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

M30150

M/nal

2004-07695

In the Matter of Crystallyn P. (Anonymous).

Dutchess County Department of Social Services,

respondent; Barbara P. (Anonymous), appellant.

(Docket No. NN-00591-02)

SCHEDULING ORDER

Appeal by Barbara P. from an order of the Family Court, Dutchess County, dated July 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 27, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until October 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30174

M/nal

2004-11329

In the Matter of Liam Frances P. (Anonymous).

Administration for Children's Services, respondent;

George S. (Anonymous), appellant.

(Docket No. B-14879/03)

SCHEDULING ORDER

Appeal by George S. from an order of the Family Court, Kings County, dated November 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 22, 2005. 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 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30172

M/nal

2005-04809

In the Matter of Gina Pane, appellant,

v Vincent P. Pane, respondent.

(Docket No. V-06394-04)

SCHEDULING ORDER

Appeal by Gina Pane from an order of the Family Court, Nassau County, dated April 19, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 7, 2005. 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 30 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

M30143

M/nal

2005-06613

In the Matter of Gail Rotundi, respondent,

v Douglas F. Rotundi, appellant.

(Docket No. F-20852-03)

ORDER TO SHOW CAUSE

Appeal by Douglas F. Rotundi from an order of the Family Court, Suffolk County, dated June 6, 2005. By scheduling order dated August 1, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:

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

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

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

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

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

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

ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 1, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before October 6, 2005; and it is further,

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

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30166

M/nal

2004-07488

In the Matter of Keisha Rust, appellant,

v Michael Dossantos, respondent.

(Docket Nos. V-07367-03, V-07368-03,

V-07399-03, V-07400-03)

SCHEDULING ORDER

Appeal by Keisha Rust from an order of the Family Court, Westchester County, dated July 21, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 5, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until October 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30169

M/nal

2005-00607

In the Matter of Thomas S. (Anonymous), appellant.

(Docket No. D-06402/04)

SCHEDULING ORDER

Appeal by Thomas S. from an order of the Family Court, Kings County, dated December 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 29, 2005. 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 7, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



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

Appellate Division: Second Judicial Department

M30141

M/nal

2005-02077

In the Matter of Peter Schreurs, respondent,

v Adris Johnson, appellant.

(Docket No. V-08209/03)

SCHEDULING ORDER

Appeal by Adris Johnson from an order of the Family Court, Queens County, dated February 10, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 14, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that within 30 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 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

M30105

M/nal

2005-05200

In the Matter of Jason Tavarez, respondent,

v Samantha Musse, appellant.

(Docket No. V-20414-01)

SCHEDULING ORDER

Appeal by Samantha Musse from an order of the Family Court, Kings County, dated April 29, 2005. By decision and order on motion of this court dated September 16, 2005, the following attorney was assigned as counsel on the appeal:

Larry Bachner, Esq.

90-50 Parsons Blvd - Suite 401

Jamaica, New York 11432

(917) 378-0176

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 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 16, 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 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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



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

Appellate Division: Second Judicial Department

M30144

M/nal

2005-03529

In the Matter of Kristine J. Thomas, respondent,

v Gregory M. Thomas, appellant.

(Docket No. O-3208-05)

SCHEDULING ORDER

Appeal by Gregory M. Thomas from an order of the Family Court, Suffolk County, dated March 4, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2005. 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 30 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

M30142

M/nal

2005-04303

In the Matter of Jayson R. Waldman, respondent,

v Lisa F. Waldman, appellant.

(Proceeding No. 1)

In the Matter of Lisa F. Waldman, appellant,

v Jayson R. Waldman, respondent.

(Proceeding No. 2)

(Docket Nos. O-2416-97, V-2349-97)

SCHEDULING ORDER

Appeal by Lisa F. Waldman from an order of the Family Court, Nassau County, dated April 18, 2005. By decision and order on motion of this court dated September 13, 2005, the following attorney was assigned as counsel on the appeal:

Kent V. Moston, Esq.

Legal Aid Society of Nassau County

One Helen Keller Way

Hempstead, New York 11550

(516) 565-6400

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

ORDERED that the appeal in the above-entitled proceedings shall be perfected 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 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 13, 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 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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



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

Appellate Division: Second Judicial Department

M30214

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-00367

The People, etc., respondent,

v Norma Alicea-Cruz, appellant.

(Ind. No. 6315/02)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 12, 2005.

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

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

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

FLORIO, J.P., KRAUSMAN, SKELOS 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

M30215

C/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-08625

The People, etc., plaintiff,

v Christopher Rhodes, defendant.

(Ind. Nos. 05-00103, 05-00602)

DECISION & ORDER ON MOTION

Motion by the defendant for a change of venue of the trial of Orange County Indictment Nos. 05-00103 and 05-00602 from the Supreme Court, Orange County, to another venue.

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

ORDERED that the motion is granted to the extent that the defendant may renew his application for a change of venue, if necessary, after the completion of voir dire, and the motion is otherwise denied as premature (see People v Boudin, 95 AD2d 463).

FLORIO, J.P., KRAUSMAN, SKELOS 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

M30210

J/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-05746

The People, etc., respondent,

v James Whiting, appellant.

(Ind. No. 1260/03)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 25, 2005, in the above-entitled matter is amended by deleting from the second decretal paragraph thereof the following address:

Carol Kahn, Esq.

225 Broadway - Suite 1515

New York, New York 10007

and substituting therefor the following address:

Carol Kahn, Esq.

225 Broadway - Suite 1510

New York, New York 10007

RITTER, J.P., SKELOS, FISHER, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court