APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2869
D/sl
| 2003-01038
Shauna Alami, et al., appellants-respondents, v Volkswagen of America, Inc., respondent- appellant. (Index No. 20093/96)
| 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, Westchester County, dated October 30, 2002.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until November 10, 2003, and the joint record on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2920
S/sl
| 2003-02644, 2003-03496
Marilyn Camacho, respondent, v Mark Neremberg, et al., appellants. (Index No. 17779/94)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated February 5, 2003, and a judgment of the same court dated February 24, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until November 25, 2003, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2934
Y/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
| 2003-08015 Consolidated Payroll Services, Inc., appellant, v Irving Berk, respondent. (Index No. 42941/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated August 25, 2003, 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 to the extent that enforcement of the order dated August 25, 2003, is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before October 31, 2003, (2) the appellant files an undertaking in a sum to be fixed by the Supreme Court, Kings County, in terms that if the order appealed from is affirmed and it is determined that the appellant was not entitled to a stay of enforcement, the appellant will pay to the respondent all damages and costs which may be sustained by reason of this stay as specified in CPLR 6312(b), and (3) the appellant pays for the use and occupancy of the subject premises in a sum to be fixed by the Supreme Court, Kings County; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Kings County, to fix the amount of the undertaking in accordance herewith, and to fix the amount to be paid for use and occupancy; the appellant shall file the undertaking within five days after service upon it of a copy of the order of the Supreme Court, Kings County, fixing the amount thereof; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that in the event that the appeal is not perfected on or before October 31, 2003, or the undertaking is not filed in accordance herewith, or the sums fixed for use and occupancy are not paid, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2909
T/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
| 2002-01937 Denise Cupo, respondent, v Michael Karfunkel, et al., appellants, et al., defendants. (Index No. 16535/93)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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, December 12, 2001.
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 the trial of the above-entitled action is stayed pending hearing and determination of the appeal.
ALTMAN, J.P., KRAUSMAN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2942
D/sl
| 2003-02776
Marilyn S. Faust, respondent, v Peter D. Wolf, appellant. (Index No. 10961/00)
| 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 Supreme Court, Westchester County, entered February 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 10, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2659
S/sl
| 2003-00051
Peter J. Fogel, appellant, v Ramona Oelmann, respondent. (Index No. 14978/02)
| 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, Nassau County, dated November 19, 2002.
ORDERED that the application is granted and the record and brief submitted to the Clerk of this court on September 15, 2003, are accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2924
E/sl
SANDRA J. FEUERSTEIN, J.P.
WILLIAM D. FRIEDMANN
LEO F. McGINITY
ROBERT W. SCHMIDT, JJ.
| 2002-09466
Edwin Frederick, respondent, v Joseph Fried, appellant, et al., defendants. (Index No. 1017/89)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated October 7, 2002.
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 October 30, 2003, and the record or appendix on the appeal 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.
FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2665
S/sl
| 2003-02602
Patricia A. Kennedy, appellant, v John W. Kennedy, respondent. (Index No. 1584/98)
| 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 January 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2825
D/sl
| 2003-06526
Selaudin Marke, respondent, v Q.B. Associates, appellant. (Index No. 43643/00)
| 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 June 11, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 14, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2856
D/sl
| 2003-02830
New York City Transit Authority, et al., plaintiffs-respondents, v Whitman Painting Corporation, et al., defendants-respondents, Transcontinental Insurance Company, etc., appellant. (Index No. 28421/99)
| 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, dated February 28, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 20, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2919
S/sl
| 2003-01145
Nihad Owaid, etc., appellant, v Country-Wide Insurance Company, respondent. (Index No. 1205/02)
| 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, Kings County, dated January 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 29, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2949
S/sl
| 2003-01671
Michael Peterkin, appellant, v City of New York (Department of Transportation), et al., respondents (and third-party actions). (Index No. 1839/98 )
| ORDER ON APPLICATION |
Application by the respondent Maurice Ramos pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated December 19, 2002.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until October 6, 2003, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2940
D/sl
| 2003-02137
Gul Khanda Rahman, appellant, v Wilma Brown, et al., respondents. (Index No. 11766/01)
| ORDER ON APPLICATION |
Application by the respondent Abdul Rahman pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 28, 2003.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until October 29, 2003, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2903
E/sl
SANDRA J. FEUERSTEIN, J.P.
WILLIAM D. FRIEDMANN
LEO F. McGINITY
ROBERT W. SCHMIDT, JJ.
| 2003-01833
Reliance Insurance Company of New York, etc., plaintiff-respondent, v Information Display Technology, et al., defendants third-party plaintiffs-appellants; Pierce & Stevens, et al., third-party defendants-appellants; Reading Company, intervenor-respondent. (Index No. 22608/94)
| DECISION & ORDER ON MOTION |
Motion by Gary A. Wilson, an attorney in good standing in the State of Pennsylvania, to be admitted pro hac vice to represent the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated January 28, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted.
FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2911
S/sl
SANDRA J. FEUERSTEIN, J.P.
WILLIAM D. FRIEDMANN
LEO F. McGINITY
ROBERT W. SCHMIDT, JJ.
| 2002-09728 Edith Riccardelli, appellant, v Metropolitan Transportation Authority of New York, et al., respondents. (Index No. 8220/96)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated July 18, 2002, to dismiss the appeal on the ground that a decision and order on motion of this court dated July 17, 2003, which dismissed an appeal from an order of the same court also dated July 18, 2002 (Appellate Division Docket No. 2003-5615), has rendered this appeal academic, or, in the alternative, to strike portions of the appellant's brief on the ground that it raises issues not properly before this court, and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to impose sanctions.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appellant's brief and pages 93-110 and 143-168 of the record are stricken on the ground that they contain or refer to material dehors the record; and it is further,
ORDERED that on or before November 15, 2003, the appellant shall delete or remove pages 93-110 and 143-168 from the copies of the record on file with the Clerk of this court and shall serve and file brief which does not refer to those pages of the record or raise issues relating thereto; and it is further,
ORDERED that the branch of the motion which is to strike portions of the appellant's brief is denied as academic in light of this decision and order on motion; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondents shall serve and file their briefs in accordance with the rules of this court (see 22 NYCRR 670.8[b]); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to raising the issue in the movant's brief; and it is further,
ORDERED that the cross motion is denied.
FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2939
D/sl
| 2003-01157, 2003-05926
Alvin Ruddock, et al., plaintiffs-respondents, v Boland Rentals, Inc., et al., appellants; Hardesty & Hanover, LLP, third-party defendant-respondent, et al., third-party defendant. (Index No. 29054/99)
| ORDER ON APPLICATION |
Application by the third-party defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Kings County, dated August 26, 2002, and May 21, 2003, respectively.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until October 7, 2003, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2921
S/sl
| 2003-01096
Charles P. Sheridan, etc., et al., appellants, v Mid Island Hospital, Inc., et al., respondents. (Index No. 10980/93)
| 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, dated December 6, 2002.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 28, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2941
D/sl
| 2003-02367
Marie A. Taylor, appellant, v Dallas Ellis, respondent.
(Index No. 15071/01)
| 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 and judgment (one paper) of the Supreme Court, Queens County, dated February 10, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 7, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2943
D/sl
| 2003-01704
Maureen Tuccillo, respondent, v Roy Tuccillo, appellant. (Index No. 31655/99)
| 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 an appeal from an order of the Supreme Court, Nassau County, January 27, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 26, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2947
C/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
| 2002-08986
Lynne Warner, et al., appellants-respondents, v Razzmatazz Razz Enterprises, Ltd., d/b/a Razzmatazz Hair Salon, et al., respondents- appellants, et al., defendant. (Index No. 6016/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, entered August 23, 2002, and cross motion by the respondents-appellants for the same relief.
Upon the papers filed in support of the motion and cross motion and the papers filed in relation thereto, it is
ORDERED that the motion and cross motion are granted; and it is further,
ORDERED that the time of the appellants-respondents to perfect the appeal is enlarged until November 3, 2003, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the brief of the appellants-respondents must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it 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]).
ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2938
M/mv
| 2003-06514 In the Matter of Ricky A. (Anonymous), appellant. (Docket No. D-844-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Orange County, dated June 12, 2003. By decision and order on motion of this court dated September 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Larry Bachner, Esq.
90-50 Parsons Blvd. - Suite 307
Jamaica, New York 11432
(917) 378-0176
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 24, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M2914
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
| 2003-01429 In the Matter of James Avaras, respondent, v Jeanine Hodges-Avaras, appellant. (Docket Nos. V-491-02, V-492-02, V-493-02, V-494-02, V-495-02)
| ORDER TO SHOW CAUSE |
Appeal by Jeanine Hodges-Avaras from an order of the Family Court, Rockland County, dated January 6, 2003. By scheduling order of this court dated August 18, 2003, the appellant's time to perfect the appeal in the above entitled proceeding was enlarged until September 19, 2003. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (see 22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to perfect the appeal in accordance with the scheduling order dated August 18, 2003, 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 31, 2003; 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.
ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2957
E/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
BARRY A. COZIER, JJ.
| 2003-08130
In the Matter of William F. Berryman, respondent, v Catherine Zuber, appellant. (Docket No. V-1580/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to this court from an order of the Family Court, Nassau County, dated August 28, 2003, to stay enforcement of the order pending hearing and determination of the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary; and it is further,
ORDERED that the appellant's motion papers are deemed to constitute a timely notice of appeal from the order dated August 28, 2003; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Kent V. Mosten, Esq.
One Helen Keller Way
Hempstead, New York 11550
516-560-6400
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the motion is otherwise denied ; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2846
M/mv
| 2002-04131 In the Matter of Olivia Susan C. (Anonymous). Commissioner of Social Services, et al., respondents; Gwendolyn P. C. (Anonymous), appellant. (Docket No. B-6078/00)
| SCHEDULING ORDER |
Appeal by Gwendolyn P. C. from an order of the Family Court, Kings County, dated April 1, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 7, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until October 8, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2922
S/sl
| 2003-02174
In the Matter of Theresa Cassone, petitioner, v Westchester County Health Care Corporation, et al., respondents. (Index No. 21935/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Westchester County, dated March 5, 2003.
ORDERED that the application is granted, the respondents' time to file a brief is enlarged, and the brief which was submitted to the Clerk of this court on September 26, 2003, is accepted for filing; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before October 6, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2944
M/mv
| 2003-05402 In the Matter of William Crespo, Sr., respondent, v Gricel Figueroa, appellant. (Docket Nos. V-4653-02, V-4654-02)
| SCHEDULING ORDER |
Appeal by Gricel Figueroa from an order of the Family Court, Orange County, dated May 7, 2003. By decision and order on motion of this court dated September 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Salvatore Adamo, Esq.
350 Fifth Avenue - Suite 3304
New York N.Y. 10118-0069
(212) 964-7983
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 24, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M2937
M/mv
| 2003-04859 In the Matter of Rosalee D. (Anonymous). Suffolk County Department of Social Services, respondent; Lisa Z. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-13379-02) In the Matter of Joey D. (Anonymous). Suffolk County Department of Social Services, respondent; Lisa Z. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-13380-02) In the Matter of Glenn D. (Anonymous). Suffolk County Department of Social Services, respondent; Lisa Z. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-13381-02) In the Matter of Lisa Z. (Anonymous). Suffolk County Department of Social Services, respondent; Lisa Z. (Anonymous), appellant. (Proceeding No. 4) (Docket No. N-13382-02)
| SCHEDULING ORDER |
Appeal by Lisa Z. from an order of the Family Court, Suffolk County, dated April 15, 2003. By decision and order on motion of this court dated September 23, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Stanley E. Gelzins, Esq.
83 Pleasant Street
Huntington, NY 11743
(631) 271-0598
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court 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 the order of this court dated September 23, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M2927
C/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
| 2003-04341 In the Matter of Mark Drucker, appellant, v New York City Agency FISA, respondent. (Index No. 51783/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file a supplemental record on an appeal from a judgment of the Supreme Court, Kings County, dated April 10, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that on or before November 3, 2003, the appellant shall serve and file a supplemental record containing the notice of petition and verified petition; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2945
M/mv
| 2003-04216 In the Matter of David Friedman, respondent, v Jean Friedman, appellant. (Docket Nos. V-2354-02, V-2355-02, V-2357-02, V-2358-02).
| SCHEDULING ORDER |
Appeal by Jean Friedman from an order of the Family Court, Rockland County, dated February 25, 2003. By decision and order on motion of this court dated September 24, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Anne Gilleece, Esq.
399 Knollwood Road - Suite 207
White Plains, New York 10603
(914) 761-0060
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated September 24, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M2845
M/mv
| 1999-06725 In the Matter of Jesus Fuentes, appellant, v Karen Fuentes, respondent. (Docket No. V827-29/95)
| SCHEDULING ORDER |
Appeal by Jesus Fuentes from an order of the Family Court, Suffolk County, dated July 18, 1996. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated July 28, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until October 27, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2917
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
| 2002-10887 In the Matter of Howard Nedrick, appellant, v Rosalee Vasciannio, respondent. (Docket No. O-22410/02)
| ORDER TO SHOW CAUSE |
Appeal by Howard Nedrick from an order of the Family Court, Kings County, dated October 9, 2002. By scheduling order of this court dated June 27, 2003, the appellant's time to move for leave to prosecute the appeal as a poor person was enlarged until August 1, 2003. The appellant has not complied with that directive. Pursuant to § 670.4(a)(5) of the rules of this court (see 22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 27, 2003, 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 31, 2003; 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.
ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2916
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
| 2003-01402
In the Matter of Angel Luis Pesante, respondent, v Nancy Marcelin, appellant. (Docket No. V-07133-02)
| ORDER TO SHOW CAUSE |
Appeal by Nancy Marcelin from an order of the Family Court, Kings County, dated January 15, 2003. By decision and order on motion of this court dated June 27, 2003, the appellant's time to perfect the appeal in the above entitled proceeding was enlarged until August 15, 2003. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (see 22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to perfect the appeal in accordance with the decision and order on motion of this court dated June 27, 2003, 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 31, 2003; 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.
ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2913
S/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
| 2003-05506 The People, etc., respondent,v Maria Canales, a/k/a Maria Velez, appellant. (Ind. No. 7350/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Kings County, rendered June 11, 2003, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the defendant show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on October 31, 2003, at 9:30 A.M., why an order should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, as the purported judgment is nothing more than a proceeding to cause a judgment of the same court rendered October 25, 2002, to be brought to execution (see People v Crawford, 239 AD2d 515); and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the defendant by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion is held in abeyance in the interim.
ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2610
S/sl
DAVID S. RITTER, J.P.
SANDRA J. FEUERSTEIN
HOWARD MILLER
THOMAS A. ADAMS, JJ.
| 2003-04560
The People, etc., respondent, v Andrew Huchital, appellant. (Ind. No. 02-233)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated September 17, 2003, in the above-entitled case is amended by deleting the first decretal paragraph thereof and substituting therefor the following decretal paragraphs:
ORDERED that the branch of the motion which is for leave to reargue is granted, and, upon reargument, the decision and order on motion of this court dated June 20, 2003, in the above-entitled case is recalled and vacated; and it is further,
ORDERED that the branch of the motion which is for an extension of time to take the appeal is granted, and the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
RITTER, J.P., FEUERSTEIN, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk