Appellate Division: Second Judicial Department
M30615
CF/
|
2005-04190 Gwendolyn Alexander, et al., plaintiffs- respondents, v Riverdale Realty Co., Inc., et al., defendants third-party plaintiffs- appellants; Realife Landscapes, Inc., third-party defendant-respondent. (Index No. 4624/96)
| 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 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M30665
S/nal
|
2004-11093
Analisa Salon, Ltd., d/b/a Susan Marlowe Figure Salon, appellant, v Elide Properties, LLC, respondent. (Index No. 1598/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated September 13, 2004.
ORDERED that the application is granted and the reply brief must be served and filed on or before October 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30631
T/nal
|
2005-00255, 2005-00488
Juan R. Andino, et al., respondents, v Monroe Truck Leasing, Inc., et al., appellants. (Index No. 49693/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, dated October 8, 2004, and November 3, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30680
J/nal
|
2005-02046
Bank One National Association, etc., respondent, v Paul Murphy, et al., appellants. (Index No. 15733/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered November 24, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 5, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30624
CF/
|
2005-03947 Peter Bartlett, respondent-appellant, v Wadia Construction, LLC, et al., appellants- respondents, et al., defendants. (Index No. 2542/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated March 22, 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 and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30625
CF/
|
2005-06092 Peter Bartlett, respondent-appellant, v Wadia Construction, LLC, et al., appellants- respondents, et al., defendants. (Index No. 2542/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and the respondent-appellant to withdraw an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated May 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 and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30682
T/nal
|
2004-09709
Donna Bryan, appellant-respondent, v Staten Island University Hospital, defendant, James B. Hurwitz, etc., respondent-appellant. (Index No. 24247/99)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 1, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30589
O/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-08445 Lennard Burnett, etc., et al., plaintiffs-respondents, v Leonora L. Rennie, defendants-respondents, Oswald Jeffers, appellant. (Index No. 2503/02)
| 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, Kings County, dated March 18, 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., CRANE, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30668
J/nal
|
2005-00477
Peter Byrne, plaintiff, v Paul K. Leblond, et al., defendants; Michael A. Zimmerman & Associates, P.C., nonparty-appellant; Rovegno & Taylor, P.C., nonparty-respondent. (Index No. 38696/93)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 31, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30603
CF/
|
2005-00507 Louise Caso, respondent, v St. Francis Hospital, appellant. (Index No. 8031/03)
| 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 December 21, 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
M30669
S/nal
|
2005-04130 Jesse Crowe, et al., plaintiffs-respondents, v F 3 Corporation, et al., appellants, Lin Li Ping, defendant-respondent. (Index No. 6386/03)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 23, 2005.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until November 9, 2005, and the plaintiffs-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30616
R/nal
HOWARD MILLER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
|
2005-08888 Peter Dachille, etc., et al., respondents, v Isaak Ahmoy, appellant.
(Index No. 32543/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 8, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30663
J/nal
|
2005-02216, 2005-07985
Mark S. DePalma, appellant, v Ymer Xhumallari, et al., respondents.
(Index No. 8953/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, entered January 24, 2005, and February 8, 2005, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until October 17, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30683
T/nal
|
2005-02214
Amos Diaz, et al, appellants, v Ryan Chrysler-Plymouth, Inc., respondent. (Index No. 1333/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, entered January 19, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 26, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30599
A/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2005-08326 Dime Savings Bank of New York, FSB, respondent, v Antonio Mareno, et al., appellants, et al., defendants.
(Index No. 2421/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants pro se to stay enforcement of a judgment of the Supreme Court, Westchester County, dated September 27, 2004, pending hearing and determination of an appeal therefrom, and to enlarge their 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 for a stay is denied; and it is further,
ORDERED that the branch of the motion to enlarge the time to perfect the appeal is denied as premature.
H. MILLER, J.P., ADAMS, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30611
CF/
|
2005-01449 Kristin Kahkohen Dupree, appellant, v James E. Giugliano, respondent. (Index No. 19557/04)
| 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 January 20, 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
M30600
CF/
|
2005-08616 Samuel Escobar, et al., appellants, v N. Papadimitropoulos, et al., respondents. (Index No. 11436/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated 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
M30675
S/nal
|
2004-11195
405 Bedford Avenue Development Corp., respondent, v New Metro Construction, Ltd., etc., et al., appellants, et al., defendants. (Index No. 30294/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 19, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 31, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30594
T/nal
|
2005-03334
Leroy France, appellant, v Errol Wilson, et al., respondents. (Index No. 18015/04)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 16, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 9, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30649
T/nal
|
2004-11118
Joshua Fruchter, appellant, v Merav Fruchter, respondent. (Index No. 21363/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated November 3, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30612
CF/
|
2005-07293 Terrence Griffiths, respondent, v Carmel King, appellant. (Index No. 20835/03)
| 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 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
M30678
S/nal
|
2005-05022
Bekim Kastrati, appellant, v 1090 Park Avenue Corporation, et al., respondents. (Index No. 1485/05)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated May 5, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 1, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30579
M/nal
|
2005-01892 Valerie Knaster, respondent, v Robert Knaster, appellant. (Index No. 201532/00)
| SCHEDULING ORDER |
Appeal by Robert Knaster from a judgment of the Supreme Court, Nassau County, dated January 19, 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 27, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30597
J/nal
|
2005-01183
Richard Kurtz, respondent, v Michael Mitchell, appellant, et al., defendant. (Index No. 1103/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated December 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30684
T/nal
|
2005-01355 Richard Legarda, appellant, v City of New York, respondent. (Index No. 6343/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered August 31, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 31, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30619
CF/
|
2005-01335 Ann Leslie, respondent, v City of New York, appellant, et al., defendants. (Index No. 24188/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 21, 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
M30606
CF/
|
2005-01478 Anna Makris, appellant, v Westchester County, et al., respondents, et al., defendants. (Index No. 246/97)
| 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 January 5, 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
M30607
CF/
|
2005-02672
Anna Makris, et al., respondents-appellants, v Westchester County, et al., appellants-respondents, et al., respondents. (Index No. 246/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from a judgment of the Supreme Court, Westchester County, dated January 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30693
T/nal
|
2004-10217, 2005-02728
Glenn Marr, et al., appellants, v Seventh Day Adventist Church, d/b/a Linden Boulevard Church, respondent. (Index No. 28334/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, dated October 21, 2004, and February 18, 2005, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30614
CF/
|
2005-06824 Anthony Matos, et al., appellants, v Anthony Guarino, et al., respondents. (Index No. 1433/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 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
M30636
T/nal
|
2005-02617 Jemiliya Pudalov, respondent, v Scott Pudalov, defendant; Cohen Hennessey & Bienstock, P.C., nonparty-appellant. (Index No. 333/99)
| ORDER ON APPLICATION |
Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered February 28, 2005.
ORDERED that the application is granted and the nonparty-appellant's time to perfect the appeal is enlarged until December 23, 2005, and the record or appendix on the appeal and the nonparty-appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30670
T/nal
|
2005-04801
Geraldine Savastano, respondent, v Roy Savastano, appellant. (Index No. 11474/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered April 13, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30587
O/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-00434
Silver Street Development Corporation II, plaintiff-respondent, v Park Lake Housing Development Fund Corp. (former Board of Trustees), et al., appellants, Park Lane Housing Development Fund Corp. (current Board of Trustees), defendant-respondent; Eliot Spitzer, etc., intervenor-respondent. (Index No. 10415/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant-respondent Park Lane Housing Development Fund to dismiss an appeal from an order of the Supreme Court, Nassau County, entered December 9, 2004, or, in the alternative, to strike the record on appeal, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to strike the record on appeal is granted to the extent that the appellants are directed, on or before October 17, 2005, to serve and file a supplemental record containing the material annexed as Exhibit "D" to the papers of Gerald G. Wright, dated September 8, 2005, submitted in opposition to the instant motion, and that branch of the motion is otherwise denied; and it further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the time for the defendant-respondent Park Lane Housing Development Fund (current Board of Trustees) to serve and file a brief is enlarged until October 31, 2005, and the brief must be served and filed on or before that date.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30598
CF/
|
2005-06309 Nicholas J. Skula, appellant, et al., defendants, v Neal J. Skula, respondent. (Index No. 19200/03)
| 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 May 25, 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
M30604
CF/
|
2005-06628 Herbert Stone, et al., respondents, v Keith Lawrence Shane, etc., appellant. (Index No. 989/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated May 31, 2005.
Upon the stipulation of the parties, dated August 22, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30666
T/nal
|
2005-02118
Ronald M. Terlizzese, appellant, v Robinson's Custom Service, respondent. (Index No. 27145/93)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 15, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 27, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30650
T/nal
|
2005-05716, 2005-06874
John Thomson, etc., respondent, v Arlene Rubenstein, etc., et al., appellants, et al., defendant. (Index No. 27575/01)
| ORDER ON APPLICATION |
Joint application by the respondent and the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief and a reply brief on appeals from an order of the Supreme Court, Suffolk County, dated April 1, 2005, and a judgment of the same court entered July 5, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until October 24, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellants' time to serve and file a reply brief, if any, is enlarged until November 23, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30681
J/nal
|
2005-03327
Tymeik Williams, etc., appellant, v Nassau County Medical Center, et al., respondents. (Index No. 13710/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 11, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 29, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30654
A/nal
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-02073
Ernesto Zelaya, respondent, v New York New York Auto Body, Inc., et al., appellants. (Index No. 23549/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered January 5, 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 it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 16, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30585
M/nal
|
2005-08574 In the Matter of Pedro Alfonso, respondent, v Jessica Galvez, appellant. (Docket No. V-07917-03)
| SCHEDULING ORDER |
ORDERED that the scheduling order in the above-entitled matter dated September 22, 2005, is recalled and vacated, and the following scheduling order is substituted therefor:
Appeal by Jessica Galvez from an order of the Family Court, Queens 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 in the 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 they have been ordered, 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 appeals 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.
Appellate Division: Second Judicial Department
M30609
CF/
|
2005-03612 In the Matter of Allstate Insurance Company, respondent, v Anthony Gardaner, appellant. (Index No. 24520/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 24, 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
M30580
M/nal
|
2005-02956 In the Matter of Holly Belgrave, appellant, v Simeon Mingo, respondent. (Docket No. O-14462-03)
| SCHEDULING ORDER |
Appeal by Holly Belgrave from an order of the Family Court, Kings County, dated February 22, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 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 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.
Appellate Division: Second Judicial Department
M30657
T/nal
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2005-04510 In the Matter of Chicago Title Insurance Company, respondent, v Gloria Pascale, appellant. (Index No. 53/05)
| 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 and judgment (one paper) of the Supreme Court, Putnam County, entered May 4, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 31, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30605
CF/
|
2005-06979 In the Matter of A. Rober Craig, etc., appellant, v Sally Graham, et al., respondents. (Index No. 8111/04)
| 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 November 24, 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
M30581
M/nal
|
2005-04398, 2005-07523 In the Matter of Isabel Fersh, appellant, v David Fersh, respondent. (Docket No. F-03476-97)
| SCHEDULING ORDER |
Appeals by Isabel Fersh from two orders of the Family Court, Suffolk County, dated April 13, 2005, and June 30, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 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 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.
Appellate Division: Second Judicial Department
M30577
M/nal
|
2005-01783, 2005-02911 In the Matter of Elvis G. (Anonymous), appellant. (Docket No. D-10863/04)
| SCHEDULING ORDER |
Appeal by Elvis G. from two orders of the Family Court, Queens County, dated January 13, 2005, and February 8, 2005, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 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 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.
Appellate Division: Second Judicial Department
M30618
E/nal
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-07999 In the Matter of Shari Iacone, et al., appellants, v Building Department of Oyster Bay Cove Village, et al., respondents. (Index No. 7424/05)
| DECISION & ORDER ON MOTION |
Motion by the respondents Joseph Bellantuono and Mrs. Joseph Bellantuono on an appeal from a judgment of the Supreme Court, Nassau County, dated August 15, 2005, for leave to reargue the appellants' motion to enjoin them from, inter alia, performing any work to construct a "sports court" at the premises located at 5 Tall Oak Court, Oyster Bay Cove, pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated September 7, 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.
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30673
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|
2005-02859
In the Matter of Reginald O. Johnson, appellant, v State of New York, et al., respondents. (Index No. 21258/04)
| ORDER ON APPLICATION |
Application by the respondents State of New York and New York State Teachers Retirement System pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 2, 2005.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until November 7, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30617
CF/
|
2005-08324 In the Matter of Lidia Kauffman, petitioner- respondent, v City of New Rochelle, respondent, City of New Rochelle School District, appellant. (Index No. 9716/05)
| 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 August 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
M30595
J/nal
|
2005-04965 In the Matter of Michael Lombard, respondent, v Dennis J. Breslin, etc., appellant.
(Index No. 8334/04)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from a judgment of the Supreme Court, Richmond County, dated March 30, 2005.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until September 30, 2005, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the appellant's reply brief, if any, must be served and filed on or before October 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30576
M/nal
|
2005-05591 In the Matter of Alvin Neu, appellant, v Marcia Davidowitz, respondent. (Docket No. F-03183-03)
| SCHEDULING ORDER |
Appeal by Alvin Neu from an order of the Family Court, Westchester County, dated May 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 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 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.
Appellate Division: Second Judicial Department
M30658
T/nal
|
2004-10952
In the Matter of New York State Correction Officers and Police Benevolent Association, Inc., etc., et al., appellants-respondents, v Hinman Straub, P.C., etc., et al., respondents-appellants. (Index No. 14585/04)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated October 18, 2004.
ORDERED that the application is granted, and the appellants-respondents' time to perfect the appeal is enlarged until October 31, 2005, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30586
M/nal
|
2005-04557 In the Matter of Toniann Otto, respondent, v Jeffrey L. Otto, appellant. (Docket No. O-5334-05)
| SCHEDULING ORDER |
Appeal by Jeffrey L. Otto from an order of the Family Court, Suffolk County, dated May 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 23, 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.
Appellate Division: Second Judicial Department
M30593
J/sl
|
2004-09797 In the Matter of Lisa Pantina-Bott, petitioner, v Incorporated Village of Freeport, et al., respondents. (Index No. 2611/04)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated August 4, 2005, is amended by deleting from the decretal paragraph thereof the date "September 6, 2005", and substituting therefor the date "October 3, 2005".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30578
M/nal
|
2005-02952 In the Matter of Victor V. (Anonymous), appellant. (Docket No. D-35142/03)
| SCHEDULING ORDER |
Appeal by Victor V. from an order of the Family Court, Kings County, dated January 3, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 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 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.
Appellate Division: Second Judicial Department
M30582
M/nal
|
2005-01365, 2005-01366
In the Matter of William V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Catherine V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Brian V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-11340/99, N-11341/99, N-15998/00)
| ORDER TO SHOW CAUSE |
Appeals by Ana C. and Humbert V. from two orders of the Family Court, Queens County, dated October 21, 2001, and January 6, 2005, respectively. By decision and order on motion of this court dated August 18, 2005, the appellant Ana C. was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before September 16, 2005. The appellant Ana C. has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals of Ana C. in the above-entitled proceedings 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 13, 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
Appellate Division: Second Judicial Department
M30583
M/nal
|
2005-01365, 2005-01366
In the Matter of William V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Catherine V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Brian V. (Anonymous). Administration for Children's Services, respondent; Ana C. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-11340/99, N-11341/99, N-15998/00)
| ORDER TO SHOW CAUSE |
Appeals by Ana C. and Humbert V. from two orders of the Family Court, Queens County, dated October 21, 2001, and January 6, 2005, respectively. By decision and order on motion of this court dated May 16, 2005, the appellant Humbert V. was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before June 27, 2005. The appellant Humbert V. has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals of Humbert V. in the above-entitled proceedings 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 13, 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
Appellate Division: Second Judicial Department
M30643
S/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2005-01172 In the Matter of Er-Mei Y. (Anonymous). Administration for Children's Services, respondent; Guo J. Y. (Anonymous), appellant. (Docket No. N-09952-02)
| SCHEDULING ORDER |
ORDERED that the scheduling order of this court dated September 19, 2005, in the above-entitled matter is recalled and vacated and the following scheduling order is substituted therefor:
Appeal by Guo J. Y. from an order of the Family Court, Queens County, dated December 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on July 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 the time of the law guardian and the respondent to serve and file a brief on the appeal is enlarged until October 31, 2005.
SCHMIDT, J.P., SANTUCCI, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30622
CF/
|
2003-06138, 2003-06139 The People, etc., respondent, v Dexter Carter, a/k/a Bernard Carter appellant. (Ind. Nos. 5962/01, 6628/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from two judgments of the Supreme Court, Kings County, both rendered November 12, 2003.
Upon the stipulation of the parties, dated September 26, 2005, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30629
S/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-01991, 2004-01992 The People, etc., respondent, DECISION & ORDER v Robert Mackey, appellant.
(Ind. Nos. 2865-02, 2945-03)
| ON MOTION Motion Pro se to Relieve Counsel of Assignment |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 7, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered January 23, 2004, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on April 7, 2004, and the following named attorney was assigned to prosecute the appeals:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; the briefs filed by previously assigned counsel and by the respondent are stricken, and previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeals:
Andrew S. Worgan, Esq.
125-10 Queens Boulevard, Suite 325
Kew Gardens, New York 11415
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1 et seq.) and written directions.
COZIER, J.P., RITTER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30652
J/nal
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2004-10453 The People, etc., respondent, v Chauncy Ramos, appellant. (Ind. No. 310/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Westchester County, rendered November 16, 2004.
ORDERED that the application is granted and 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 670.9[d][2]), and by serving and filing a brief on the appeal is enlarged until October 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30608
CF/
|
2004-10379 The People, etc., respondent, v Rafael Sims, appellant. (Ind. No. 04-00233)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Orange County, rendered October 15, 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