Appellate Division: Second Judicial Department
M30447
CF/
|
2005-04573 Nazir Ahmed, et al., respondents, v Robert Tamberelli, appellant. (Index No. 20360/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30463
CF/
|
2005-03307 Tyrike Allen, et al., appellants, v Raynold Jean, et al., respondents. (Index No. 44771/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered February 28, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30481
Y/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-07308, 2005-07346 Sara Cytron, appellant, v Harriet Malinowitz, et al., respondents. (Index No. 25093/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated May 25, 2005, and December 22, 2005, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30462
CF/
|
2005-04476 Vincent DeFino, et al., appellants, v Sachem School District, respondent. (Index No. 30458/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 21, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30459
CF/
|
2005-03938 Frank DiSiena, appellant, v Exxonmobile Oil Corporation, et al., respondents. (Index No. 1169/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 31, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30464
CF/
|
2005-03103 Pamela A. Elisofon, o/b/o Mohammed Nagi, respondent, v New York City Health & Hospitals Corporation, appellant. (Index No. 19275/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 18, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30037
A/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
|
2005-04465 Brent T. Fung, et al., plaintiffs-respondents, v Japan Airlines Company, Ltd., defendant, Japan Airlines Management Corp., defendant third-party and second third-party plaintiff- appellant-respondent; Aero Snow Removal Corp., third-party defendant-respondent-appellant; Port Authority of New York and New Jersey, et al., second third-party defendant-respondent. (Action No. 1)
(Index Nos. 10992/02, 350528/02, 350127/03) Brent T. Fung, et al., plaintiffs, v Aero Snow Removal Corp., defendant. (Action No. 2) (Index No. 299/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party and second third-party plaintiff-appellant-respondent to stay the trial in the above-entitled actions pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated March 30, 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 denied.
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30460
CF/
|
2004-10007 Marion Gambino, plaintiff-respondent, v Woodbury Meadows Senior Living Redevelopment Corp., et al., defendants third-party plaintiffs-respondents; Republic L.I., Inc., third-party defendant-appellant. (Index No. 9275/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated October 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30475
CF/
|
2005-07357 Silverio Garay, respondent, v Meat Supreme, Inc., appellant. (Index No. 10944/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated June 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30497
O/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2004-09793 George Garrison, et al., appellants, v All Phase Structure Corp., respondent. (Index No. 0758/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Orange County, dated September 8, 2004, pending hearing and determination of an appeal therefrom, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until November 4, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30445
CF/
|
2005-02805, 2005-02806 Hall Dickler Kent Goldstein & Wood, LLP, respondent, v Suzanne McCormick, appellant (and a third-party action). (Index No. 11605/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Westchester County, dated November 30, 2004, and March 3, 2005, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30465
L/
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
JOSEPH COVELLO, JJ.
|
2005-02148 Davince Hall, respondent, v American Bridge Company, appellant. (Index No. 10530/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 7, 2005.
Upon the stipulation of the attorneys for the respective parties, dated September 23, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., KRAUSMAN, RIVERA and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30038
A/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2005-01011 Hospital for Joint Diseases, a/a/o Marla Sandler, et al., appellants, v Dollar Rent A Car, respondent. (Index No. 1515/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated December 14, 2004, to strike portions of the respondent's brief, on the ground, inter alia, that it raises an argument which is not properly before this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30501
R/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-07922 Arnold J. Kaplan, et al., respondents, v Michael Miranda, appellant.
(Index No. 6659/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, for a preference in the calendaring of an appeal from order of the Supreme Court, Nassau County, entered July 7, 2005, and to stay the trial on damages 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.
FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30446
CF/
|
2005-07318 Osley Lewis, appellant, v Cryder House, Inc., et al., respondents. (Index No. 33558/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 16, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30454
CF/
|
2005-05393 Linden Brewery, Inc., et al., appellants, v Danfor Realty, Co., LLC, respondent. (Index No. 2517/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated April 21, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30455
CF/
|
2005-03598 James Lyons, appellant, v Merchants Insurance Group, respondent. (Index No. 14655/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 8, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30448
CF/
|
2005-07987 Maisa Mingasova, appellant, v Verizon NYC Incorporated, et al., respondents. (Index No. 12726/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated July 11, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30478
F/
|
2005-04725
Michael Morano, plaintiffs-respondents, v Westchester Paving & Sealing Corp., et al., defendants-respondents, Columbus Construction Corp., appellant. (Index No. 4353/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 11, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30468
E/sl
DANIEL F. LUCIANO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2005-08398 Mimose Olivier, respondent, v Berthy Dasqua Rodney, appellant.
(Index No. 52404/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 19, 2005, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.
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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
LUCIANO, J.P., MASTRO, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30438
O/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2005-08490 RI, Inc., d/b/a Seating Solutions, respondent, v Baseball Heaven, LLC, et al., appellants. (Index No. 27278/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated September 1, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated September 1, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 27, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 27, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
PRUDENTI, P.J., H. MILLER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30472
CF/
|
2005-08196 Karen Santella, et al., respondents, v New York Central Mutual Fire Insurance Company, appellant. (Index No. 18598/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated July 7, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30453
CF/
|
2005-03573 Amy Lynn Schultz, et al., respondents, v Winthrop University Hospital, et al., defendants, George Farmakides, etc., et al., appellants. (Index No. 12897/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants All Island OB/GYN, P.C. and Jeffrey J. Braverman to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by All Island OB/GYN, P.C. and Jeffrey J. Braverman is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30458
CF/
|
2005-04453 Christine Silvestro, et al., respondents, v Port Jefferson Obstetrics & Gynecology, P.C., et al., appellants. (Index No. 2265/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30452
CF/
|
2005-01862 Jean Spezio, respondent, v Marine Park Radiology, P.C., et al., appellants. (Index No. 10398/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 13, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30489
R/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-08831 Morris Tenenbaum, et al., petitioners, v Israel Tyberg, et al., respondents.
(Index No. 21719/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 18, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30449
CF/
|
2005-08071 Miriam Trappler, et al., respondents, v Associated Beth Rivkah Schools, et al., appellants. (Index No. 17153/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 27, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30469
CF/
|
2005-06989 Travelers Property Casualty Company of America, etc., respondent, v Colonial Cooperative Insurance Company, appellant. (Index No. 5549/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 30, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30461
CF/
|
2005-05655 Elinor Wade, respondent, v A&B Dial-A-Van, et al., appellants. (Index No. 4198/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 29, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30451
CF/
|
2005-04698 Larry Wadell, respondent, v Dolores A. Jessop, et al., appellants. (Index No. 16569/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Dolores A. Jessop to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 4, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Dolores A. Jessop is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30444
C/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-07153 Kirsten Westphal, etc., respondent, v Greyhound Lines, Inc., et al., appellants. (Index No. 18345/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial on the issue of damages, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated June 15, 2005.
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 all proceedings in the above-entitled action, including the trial on the issue of damages, are stayed pending hearing and determination of the appeal.
FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30450
CF/
|
2005-07049 Geneva Willis, respondent, v Starrett City, Inc., appellant. (Index No. 45252/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 17, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30456
CF/
|
2005-05590 Tarsha Yamoah, et al., appellants, v Alberto John Rodriguez, et al., respondents. (Index No. 3291/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated May 12, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30457
CF/
|
2005-06434 Stanislaw Zarkowski, et al., appellants, v Joseph Berkovits, respondent. (Index No. 26468/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated May 16, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30320
O/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-07180, 2005-07181 Dina Zingone, respondent, v Gennaro Zingone, appellant. (Index No. 5708/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Westchester County, entered December 15, 2003, and March 2, 2004, respectively, on the ground that they were untimely taken.
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., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30503
J/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
DANIEL F. LUCIANO, JJ.
|
2005-01962 In the Matter of Alan Blumen, et al., petitioners, v Robert C. McGann, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 15, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the petitioners for leave to reargue a proceeding pursuant to CPLR article 78, which was determined by decision and judgment of this court dated May 31, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, without costs or disbursements.
COZIER, J.P., RITTER, SANTUCCI and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30485
O/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2005-01479 In the Matter of Joseph Brancato, petitioner- respondent, v Zoning Board of Appeals of City of Yonkers, NY, respondent-respondent, Thomas O'Donoghue, et al., appellants.
(Index No. 13428/04)
| DECISION & ORDER ON MOTION |
Renewed motion by Armour Villa Colony, Inc., for leave to file an amicus curiae brief on an appeal from a judgment of the Supreme Court, Westchester County, entered January 21, 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 amicus curiae brief must be served on the parties, and nine copies filed in this court on or before October 20, 2005; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30470
CF/
|
2005-02569 In the Matter of Rita McCarthy Commins, deceased. Grace Commins, appellant; Estate of Rita Commins, respondent. (Index No. 217/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Suffolk County, dated February 10, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30473
CF/
|
2005-03958, 2005-03963 In the Matter of Hartford Insurance Company, respondent, v Nancy A. Derupo, appellant. (Index No. 16703/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Suffolk County, dated November 19, 2004, and February 18, 2005, respectively.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30466
E/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
|
2005-04810 In the Matter of Chanel Monique L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric P. (Anonymous), appellant. (Docket No. N-14869-04) 2005-06288 In the Matter of Jasmine J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Tianna J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Tajahe J. (Anonymous). Suffolk County Department of Social Services, respondent; Kathleen J. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-2000-04, N-2001-04, N-2002-04, N-2151-04, N-2152-04, N-2153-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant Eric P. on appeals from two orders of the Family Court, Suffolk County, entered April 28, 2005, and April 29, 2005, respectively, to consolidate the appeals, for leave to prosecute the appeal from the order entered April 29, 2005, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that motion is granted; and it is further,
ORDERED that the appeal from the order entered April 29, 2005, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file 10 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 from the order entered April 29, 2005:
Channing Kury, Esq.
15 Saratoga Street
Commack, New York 11725
(631) 499-0105
and it is further,
ORDERED that the parties shall serve and file 10 copies of the briefs on the appeals; 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 appeals are taken.
FLORIO, J.P., RITTER, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30471
CF/
|
2005-02528 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Dawn Steiert, et al., respondents. (Index No. 11975/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 10, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30504
J/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
WILLIAM A. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2005-00688 In the Matter of Joshua T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Brittney T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Jessica T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Karen T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Stephen T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Tia Otta T. (Anonymous). Orange County Department of Social Services, respondent; John T. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-5203-03, B-5204-03, B-5205-03, B-5206-03, B-5207-03, B-5208-03)
| SCHEDULING ORDER |
Appeal by John T. from an order of the Family Court, Orange County, dated November 29, 2004.
On the court's own motion, it is
ORDERED that the scheduling order of this court dated August 9, 2005, is amended by deleting from the first decretal paragraph thereof the date "September 15, 2005", and by substituting therefor the date "October 6, 2005".
RITTER, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30505
J/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA, JJ.
|
2004-08262, 2005-01159 In the Matter of Thomas C. Zindle, respondent, v Dorothy Hernandez, appellant. (Docket No. V-10491-00)
| SCHEDULING ORDER |
Appeals by Dorothy Hernandez from two orders of the Family Court, Queens County, dated August 17, 2004, and January 11, 2005, respectively.
On the court's own motion, it is
ORDERED that the scheduling order of this court dated August 12, 2005, is amended by deleting from the first decretal paragraph thereof the date "September 6, 2005", and substituting therefor the date "October 6, 2005".
PRUDENTI, P.J., S. MILLER, KRAUSMAN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30415
A/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2002-10986, 2003-08992
The People, etc., respondent, v Lonnie Jones, appellant. (Ind. No. 7421/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance consolidated appeals from a judgment of the Supreme Court, Kings County, rendered November 19, 2002, and an order of the same court dated September 10, 2003, pending determination of an application for leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 14, 2005, which denied a motion to vacate the judgment of conviction pursuant to CPL article 440.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic as the application for leave to appeal from the order dated June 14, 2005, was granted by decision, order, and certificate granting leave to appeal on motion of this court dated August 31, 2005, and the appeals have been consolidated.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30416
A/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
1999-04230 The People, etc., respondent, v James M. Myron, appellant. (Ind. No. 85-00097)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a reply brief on an appeal from a judgment of the County Court, Rockland County, rendered March 26, 1999, for leave to serve and file an oversized reply brief, and for leave to file certain exhibits to the reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for leave to serve and file an oversized reply brief and for leave to file certain exhibits to the reply brief are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the reply brief is granted, the appellant's time to serve and file the reply brief is enlarged until December 2, 2005, and the reply brief must be served and filed on or before that date.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
K-80153
Ironwood State Prison
Box 2199
Blythe, California 92226-2199
Appellate Division: Second Judicial Department
M30482
O/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
|
2003-07324 The People, etc., respondent, v Comfort Pinckney, appellant. (Ind. No. 1497/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to file exhibits to his supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30477
C/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2004-03695 The People, etc., respondent, v Jose Rodriguez, appellant. (Ind. No. 5320/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered April 8, 2004, to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to enlarge the record on appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion is otherwise denied.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
04 A 2179
2911 Arthur Kill Road
Staten Island, New York 10309