09-21-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR SEPTEMBER 21, 2005

TITLE	Case Number
Abraham v Bello	2005-01233
BRG Queens, LLC v Medical Investor Associates, LP	2004-06000
Haynes v City of New York	2004-07355 +1
New York & Presbyterian Hospital, a/a/o Udland v A	2005-02857
Oberstein v Rice	2005-08215
Rona v Rona	2005-07976
White v L & M Corporate, Inc., d/b/a Roma Deli	2005-00432
Mtr of Andujar v Parisi	2005-06971
Mtr of Brooks v Brooks, a/k/a Pollachek	2005-08492
Mtr of C. (Anonymous), Koran; Corporation Counsel	2005-01873
Mtr of Carnegie v Suffolk Department of Social Ser	2005-04811
Mtr of Clue v Sinckler	2005-05697
Mtr of Connolly v Rye School District	2005-08390 +1
Mtr of Evans v Smith	2004-09055
Mtr of F. (Anonymous), Evan; Orange County Depart	2005-08541
Mtr of Fox v Diaz	2005-08494
Mtr of Galati v Galati	2005-03204
Mtr of Goldweber & Hershkowitz v Digsby	2001-04380 +2
Mtr of H. (Anonymous), Alfredo; Corporation Counse	2004-10031 +2
Mtr of H. (Anonymous), Brian; Administration for C	2005-00880
Mtr of L. (Anonymous), Brice; Alisha; Jesse; Desir	2005-00928
Mtr of Lazarre v Talbot	2005-08370
Mtr of Lopez v Hernandez	2005-08377
Mtr of M. (Anonymous), Qwasan; Presentment Agency	2004-07145 +1
Mtr of Novoseletsky v Novoseletsky	2005-07917
Mtr of O. (Anonymous), Emmanuel; Corporation Coun	2004-06411
Mtr of P. (Anonymous), Jordan; P., Xavier; Administra	2004-08077
Mtr of Paige v Austin	2005-02395
Mtr of R. (Anonymous), Rashawn; Corporation Couns	2005-08375
Mtr of Reilly v Torrie	2005-03043
Mtr of S. (Anonymous), Jamal; Presentment Agency	2004-10987 +2
Mtr of S. (Anonymous), Maithsa Edourd; G., Ernesto	2005-03505
Mtr of Valle v Valle	2005-08539
Mtr of Vignola v Vignola	2005-08493
Peo v Johnson, James	2002-02820
Peo v Perazzo, John	2004-10097

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Appellate Division: Second Judicial Department

M30230

Y/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-01233
Barbara Abraham, appellant, v
Febe Bello, et al., respondents.
(Index No. 36321/02)

DECISION & ORDER ON MOTION

Separated motions by the respondents (1) Febe Bello and Febe Mislang and (2) Gilberto Sanchez to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated December 14, 2004, to include the affidavits of service of the motion of the respondent Sanchez, and to enlarge the time to serve and file briefs.

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

ORDERED that the motions are granted, and, on or before October 14, 2005, the respondent Gilberto Sanchez shall serve and file a supplemental record containing the subject affidavits of service; and it is further,

ORDERED that the respondents' time to serve and file their respective briefs is enlarged until November 4, 2005, and the respondents' briefs 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

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Appellate Division: Second Judicial Department

M30266

E/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

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

(Index No. 2589/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated June 7, 2004, 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 motion is denied.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30265

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2004-07355, 2005-00617

Mark Haynes, respondent,
v City of New York, et al., appellants.
(Index No. 7503/99)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from a judgment of the Supreme Court, Queens County, dated August 2, 2004, and an order of the same court, dated December 21, 2004. Pursuant to 22 NYCRR 670.8(d)(2), it is

ORDERED that the respondent's brief which was submitted to the Clerk of this court on September 19, 2005, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30263

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2005-02857

New York & Presbyterian Hospital, a/a/o
Richard Udland, et al., appellants, et al., plaintiffs,
v Allstate Insurance Company, respondent.
(Index No. 6810/04)

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 February 7, 2005.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30101

C/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-08215
Adele Oberstein, respondent, v
Sharyl Rice, appellant.
(Index No. 13093/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered July 14, 2005, and a judgment of the same court dated August 2, 2005, pending hearing and determination of an appeal from the order.

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

ORDERED that on the court own motion, the notice of appeal from the order entered July 14, 2005, is deemed to be a notice of appeal from the judgment dated August 2, 2005 (see CPLR 5512); and it is further,

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30269

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-07976
Joanne B. Rona, respondent, v
Michael Rona, appellant.
(Index No. 13031/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated August 12, 2005.

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

ORDERED that the motion is denied.

FLORIO, J.P., KRAUSMAN, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30268

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-00432
Martha White, appellant, v L&M Corporate,
Inc., d/b/a Roma Deli, respondent.
(Index No. 4751/03)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Dutchess County, dated December 14, 2004.

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

ORDERED that the motion is granted, the appeal is placed on the calendar for Thursday, October 27, 2005, and the appeal shall be argued or submitted on that day at the courthouse located at 140 Grand Street, White Plains, New York.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M28311

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2005-06971
In the Matter of Jesus Andujar, respondent,
v Sandra Parisi, appellant.
(Docket No. V-1003-02)

SCHEDULING ORDER

Appeal by Sandra Parisi from an order of the Family Court, Richmond County, dated June 20, 2005. By decision and order on motion of this court dated September 19, 2005, the following attorney was assigned as counsel on the appeal:

Elliot Green, Esq.

26 Court Street - Suite 1215

Brooklyn, New York 11242

(718) 260-8668

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 19, 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.

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Appellate Division: Second Judicial Department

M30009

M/nal

2005-08492
In the Matter of Joseph Brooks, respondent,
v Marissa Brooks, a/k/a Marissa Pollachek, appellant.
(Docket No. V-6976-05)

SCHEDULING ORDER

Appeal by Marissa Brooks, a/k/a Marissa Pollachek from an order of the Family Court, Suffolk County, dated August 12, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

M30137

M/nal

2005-01873
In the Matter of Koran C. (Anonymous), appellant.
(Docket No. D-16610-04)

SCHEDULING ORDER

Appeal by Koran C. 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 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.

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Appellate Division: Second Judicial Department

M30238

M/nal

2005-04811
In the Matter of Anthony Carnegie, appellant,
v Suffolk County Department of Social Services,
o/b/o Abigail Roman, respondent.
(Docket No. F-0100-01)

SCHEDULING ORDER

Appeal by Anthony Carnegie from an order of the Family Court, Suffolk County, dated March 30, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 2, 2005, and the respondent's brief was served and filed 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 time to serve and file a reply brief on the appeal is enlarged until October 3, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30086

M/nal

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-05697
In the Matter of Cecile Denise Clue, respondent,
v Robert Sinckler, appellant.
(Docket No. F-21443-03)

DECISION & ORDER ON MOTION

Appeal by Robert Sinckler from an order of the Family Court, Kings County, dated May 10, 2005. By order to show cause dated August 19, 2005, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and no papers having been the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated June 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30195

R/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-08390, 2005-08400

In the Matter of Patrick Connolly, etc.,
et al., petitioners, v Rye School District,
et al., respondents.

(Index No. 12942/05)

DECISION & ORDER ON MOTION

Motion by the petitioners on appeals from two orders of the Supreme Court, Westchester County, dated August 8, 2005, and September 1, 2005, respectively, in effect, to vacate an automatic stay of enforcement of a temporary restraining order contained in the order dated August 8, 2005, which is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeals. Cross motion by the respondents for leave to appeal to this court from the orders dated August 8, 2005, and September 1, 2005, and, in effect, for summary reversal of the orders.

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

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

ORDERED that the branch of the cross motion which is for summary reversal of the orders dated August 8, 2005, and September 1, 2005, is denied; and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30163

M/nal

2004-09055
In the Matter of Theresa Evans, appellant,
v Uniqua Smith, et al., respondents.
(Docket Nos. V-15169-03, V015172-03)

SCHEDULING ORDER

Appeal by Theresa Evans from an order of the Family Court, Westchester County, dated August 17, 2004. 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 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.

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Appellate Division: Second Judicial Department

M30091

M/nal

2005-08541
In the Matter of Evan F. (Anonymous).
Orange County Department of Social Services,
respondent; George L. F. (Anonymous), a/k/a
Jorge F. (Anonymous), a/k/a George L. (Anonymous),
appellant.
(Docket No. N-5416/04)

SCHEDULING ORDER

Appeal by George L. F. from an order of the Family Court, Orange County, dated June 15, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

M30015

M/nal

2005-08494
In the Matter of Evelyn Fox, respondent,
v Edwin Diaz, appellant.
(Docket Nos. V-03144-00, V-03145-00)

SCHEDULING ORDER

Appeal by Edwin Diaz from an order of the Family Court, Suffolk County, dated July 15, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

M30283

M/nal

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-03204
In the Matter of Jack Galati, appellant,
v Lucy Galati, respondent.
(Docket No. F-15318-03)

SCHEDULING ORDER

Appeal by Jack Galati from an order of the Family Court, Westchester County, dated March 4, 2005. The appellant's brief was filed in the office of the Clerk of this court on August 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 respondent's time to serve and file a brief on the appeal is enlarged until October 12, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30279

C/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2001-04380, 2001-04385, 2001-04387
In the Matter of Goldweber & Hershkowitz,
respondent, v Martha Digsby, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, dated April 30, 2001, and two orders of the same court dated April 18, 2001, and August 3, 2001, respectively.

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

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

ORDERED that the appellant's time to perfect the appeals is enlarged until October 21, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30277

M/nal

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2004-10031, 2004-10032, 2004-10033
In the Matter of Alfredo H. (Anonymous),
appellant.
(Docket Nos. E-01625-04, D-21240-02,
D-09942-03)

SCHEDULING ORDER

Appeals by Alfredo H. from three orders of the Family Court, Kings County, all dated October 12, 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 appeals is enlarged until October 12, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN 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

M30286

M/nal

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-00880
In the Matter of Brian H. (Anonymous).
Administration for Children's Services, petitioner-respondent;
Gladys H. (Anonymous), respondent;
Jose V. (Anonymous), appellant.
(Docket No. N-23028-02)

SCHEDULING ORDER

Appeal by Jose V. 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 20, 2005, and the respondent's brief was served and filed on August 11, 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 September 30, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M30280

M/nal

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-00928
In the Matter of Brice L. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Carolyn H. (Anonymous),
respondent; Brice L. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Alisha L. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Carolyn H. (Anonymous),
respondent; Brice L. (Anonymous), appellant.
(Proceeding No. 2)
In the Matter of Jesse L. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Carolyn H. (Anonymous),
respondent; Brice L. (Anonymous), appellant.
(Proceeding No. 3)
In the Matter of Desiree L. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Carolyn H. (Anonymous),
respondent; Brice L. (Anonymous), appellant.
(Proceeding No. 4)
In the Matter of Katiemarie L. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Carolyn H. (Anonymous),
respondent; Brice L. (Anonymous), appellant.
(Proceeding No. 5)
In the Matter of Mariah L. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Carolyn H. (Anonymous),
respondent; Brice L. (Anonymous), appellant.
(Proceeding No. 6)
(Docket Nos. N-561-04, N-562-04, N-563-04,
N-564-04, N-565-04, N-566-04, N-578-04, N-579-04,
N-580-04, N-581-04, N-582-04, N-583-04)

SCHEDULING ORDER

Appeal by Brice L., the mother, from an order of the Family Court, Suffolk County, dated November 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 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 14, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN 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

M30282

Y/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-08370
In the Matter of Marie Lazarre, respondent,
v Gary Talbot, appellant.
(Docket No. F-24682-04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 19, 2005, as a poor person, for the assignment of counsel, and to stay the enforcement of the order pending hearing and determination of his appeal.

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

ORDERED that the branches of the motion which are for a stay, a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,

ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

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2005-08377
In the Matter of Frankie Lopez, appellant,
v Jannette Hernandez, respondent.
(Docket No. F-31316-04)

SCHEDULING ORDER

Appeal by Frankie Lopez from an order of the Family Court, Kings County, dated June 23, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

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SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2004-07145, 2004-08051
In the Matter of Qwasan M. (Anonymous),
appellant.
(Docket Nos. D-2808-04, D-2810-04)

SCHEDULING ORDER

Appeals by Qwasan M. from two orders of the Family Court, Nassau County, dated July 23, 2004, and August 18, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 17, 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 appeals is enlarged until October 7, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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2005-07917
In the Matter of Juliana Novoseletsky, appellant,
v Mark Novoseletsky, et al., respondents.
(Docket Nos. F-19256-03, F-27478-03, F-35786-03)

SCHEDULING ORDER

Appeal by Juliana Novoseletsky from an order of the Family Court, Kings County, dated May 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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2004-06411
In the Matter of Emmanuel O. (Anonymous),
appellant.
(Docket No. D-37583/03)

SCHEDULING ORDER

Appeal by Emmanuel O. from an order of the Family Court, Kings County, dated July 14, 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 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.

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2004-08077
In the Matter of Jordan P. (Anonymous).
Administration for Children's Services, respondent;
Donna C. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Xavier P. (Anonymous).
Administration for Children's Services, respondent;
Donna C. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. N-14432-02, N-14433-02)

SCHEDULING ORDER

Appeal by Donna C. from an order of the Family Court, Queens County, dated March 26, 2004. 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 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.

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2005-02395
In the Matter of Angela Paige, respondent,
v Mitchell Austin, appellant.
(Docket No. F-26822/04)

SCHEDULING ORDER

Appeal by Mitchell Austin from an order of the Family Court, Kings County, dated January 21, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ENTER:

James Edward Pelzer

Clerk of the Court

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2005-08375
In the Matter of Rashawn R. (Anonymous), appellant.
(Docket No. D-08386/05)

SCHEDULING ORDER

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

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

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ROBERT W. SCHMIDT, J.P.

BARRY A. COZIER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-03043
In the Matter of Mary C. Reilly, respondent,
v Michael K. Torrie, appellant.
(Docket No. F-00036/96)

DECISION & ORDER ON MOTION

Appeal by Michael K. Torrie from an order of the Family Court, Nassau County, dated February 16, 2005. By decision and order on motion dated June 16, 2005, the appellant was given until August 12, 2005, to perfect the above-entitled appeal. The appeal has not been perfected. On the court's own motion it is

ORDERED that the appeal is dismissed, without costs or disbursements.

SCHMIDT, J.P., COZIER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

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SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2004-10987, 2004-10989, 2004-10990
In the Matter of Jamal S. (Anonymous), appellant.
(Docket Nos. D-1905-04, D-05372-02/03A)

SCHEDULING ORDER

Appeals by Jamal S. from three orders of the Family Court, Kings County, one dated June 21, 2004, and two dated August 13, 2004, respectively. 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 respondent's time to serve and file a brief on the appeals is enlarged until October 11, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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2005-03505
In the Matter of Maithsa Edourd S. (Anonymous).
Administration for Children's Services, respondent;
Rose P. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Ernesto G. (Anonymous).
Administration for Children's Services, respondent;
Rose P. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. N-06160-04, N-06161-04)

SCHEDULING ORDER

Appeal by Rose P. from an order of the Family Court, Kings County, dated March 23, 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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Appellate Division: Second Judicial Department

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2005-08539
In the Matter of Israel Valle, appellant,
v Venture Valle, respondent.
(Docket No. O-14214-02)

SCHEDULING ORDER

Appeal by Israel Valle from an order of the Family Court, Queens County, dated August 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

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2005-08493
In the Matter of Dolly M. Vignola, appellant,
v Ralph Vignola, respondent.
(Docket No. F-01063-00)

SCHEDULING ORDER

Appeal by Dolly M. Vignola from an order of the Family Court, Suffolk County, dated July 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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

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

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

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

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

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Appellate Division: Second Judicial Department

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SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2002-02820
The People, etc., respondent,
v James Johnson, appellant.
(Ind. No. 6054/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered March 15, 2002, for leave to reargue his motion, in effect, for leave to serve and file an appendix to his supplemental brief, which was determined by decision and order on motion of this court dated July 14, 2005.

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

ORDERED that the motion is denied.

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

02-A-1869

Shawangunk Correctional Facility

Box 700

Wallkill, NY 12589

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FRED T. SANTUCCI, J.

2004-10097
The People, etc., plaintiff,
v John Perazzo, defendant.
(Ind. No. 01-01577)

DECISION & ORDER ON MOTION

Motion by the defendant for reargument of his prior application 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, Westchester County, dated September 22, 2004, which was determined by me in a decision and order on application dated December 15, 2004.

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

ORDERED that the motion is denied.

FRED T. SANTUCCI

Associate Justice