APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2992
A/mv
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-01881
Albert Abayev, etc., et al., respondents, v Jaypson Jewelry Manufacturing Corp., et al., appellants, et al., defendants. (Index No. 7382/98)
| 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, Queens County, dated January 24, 2003.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3067
Y/mv
ANITA R. FLORIO, J.P.
SONDRA MILLER
WILLIAM D. FRIEDMANN
DANIEL F. LUCIANO, JJ.
| 2002-06964 Andrez Andrusziewicz, plaintiff-respondent, v Edythe Atlas, et al., defendants-respondents, NY Broad Holdings, Inc., defendant third-party plaintiff-respondent; Hot Construction Corp., d/b/a Fast Track Construction, third-party defendant-respondent, second third-party plaintiff-respondent; National Abatement Corp., et al., second third-party defendants-appellants. (Index Nos. 14653/97, 81053/98, 82111/99, 82531/99)
| DECISION & ORDER ON MOTION |
Motion by Hot Construction Corp., d/b/a Fast Track Construction to strike the record on an appeal from a judgment of the Supreme Court, Kings County, dated August 5, 2003, as incomplete, or, in the alternative, for leave to serve and file a supplemental record 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 on the court's own motion, the notice of appeal from a decision of the same court dated May 6, 2002, is deemed a premature notice of appeal from the judgment; 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 on or before November 3, 2003, the appellants are directed to serve and file a supplemental record containing the resettled order referred to at page 55 of the trial transcript, all third-party pleadings, and any trial exhibits submitted by Hot Construction Corp., d/b/a Fast Track Construction, and that branch of the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the appellants are directed to include a copy of the judgment dated August 5, 2003, in the supplemental record; 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 on or before December 3, 2003, Hot Construction Corp., d/b/a Fast Track Construction shall serve and file its brief; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., S. MILLER, FRIEDMANN and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3005
A/mv
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
BARRY A. COZIER, JJ.
| 2003-07331 Beverly Black, respondent, v Herbert Lindsay Little, etc., appellant. (Index No. 10888/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant, inter alia, for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated August 13, 2003, and to stay the inquest on damages, pending hearing and determination of the appeal.
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 to this court is granted; and it is further,
ORDERED that the branch of the motion which is to stay the inquest on damages is granted, and the inquest is stayed on condition that the appeal is perfected on or before November 3, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 3, 2003, the court, on its own motion, may vacate the stay, or the plaintiff may move to vacate the stay on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3014
A/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-02430 Ricardo Collado, appellant, v Incorporated Town and/or Village of Freeport, respondent.
(Index No. 6021/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered February 19, 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; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 9, 2003, and the record or appendix on the appeal and the appellant's brief must be filed on or before that date; and it is further,
ORDERED that the respondent shall serve and file its brief on or before November 10, 2003.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3022
Y/mv
SANDRA J. FEUERSTEIN, J.P.
WILLIAM D. FRIEDMANN
LEO F. McGINITY
ROBERT W. SCHMIDT, JJ.
| 2003-00929 DECISION & ORDER ON MOTION Compaq Financial Services Corporation, respondent, v Barry Hintze, et al., appellants, et al., defendant. (Index No. 6057/02)
|
M
otion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, entered November 25, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until October 31, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2997
C/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-02260 Gang Liang Guo, respondent, v Abdo Shaybane, et al., defendants, U-Haul Company of Texas, Inc., appellant. (Index No. 3526/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 4, 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 to the extent that the appellant's time to perfect the appeal is enlarged until November 28, 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 the motion is otherwise denied.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3016
Y/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-01478, 2003-02730 Gem Flooring, Inc., respondent, v Kings Park Industries, Inc., appellant, et al., defendant. (Index No. 25531/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated November 27, 2002, and February 10, 2003, respectively, to strike portions of the appellant's brief on the ground, in effect, that it refers to matter not properly before this court, or, in the alternative, to enlarge 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 strike portions of the appellant's brief is denied without prejudice to raising the issue in the respondent's brief; 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 respondent shall serve and file a brief on or before October 31, 2003; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3006
C/nl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-01771 Beverly Girardi, respondent, v Doris L. Sassower, et l., appellants. (Index No. 6303/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated January 13, 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 to the extent that the appellants' time to perfect the appeal is enlarged until November 28, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and the motion is otherwise denied.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2999
T/nl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
| 2003-02005 Clarence Harley, appellant, v Robert Adler, etc., et al., respondents. (Index No. 50587/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated January 21, 2003, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on appeal.
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.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3066
S/mv
| 2003-03627
Karen Hathaway, respondent, v Brion J. Hathaway, appellant. (Index No. 11374/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 27, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 2, 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
M3054
Y/mv
DAVID S. RITTER, J.P.
SANDRA J. FEUERSTEIN
HOWARD MILLER
THOMAS A. ADAMS, JJ.
| 2003-01526, 2003-05247 Leon Petroleum, LLC, respondent, v Tartan Corp., et al., appellants, et al., defendant. (Index No. 014684/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 3, 2003, on the ground that it was superseded by an order of the same court dated May 9, 2003, and to dismiss the appeal from the order dated May 9, 2003, on the ground that no appeal lies from an order which decides a motion for leave to reargue and renew.
Upon the paper 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 from the order dated January 3, 2003, is denied without prejudice to raising the issue of whether that order should be dismissed as superseded by the May 9, 2003 order in the respondent's brief; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief in enlarged to October 17, 2003.
RITTER, J.P., FEUERSTEIN, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3015
T/nl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
BARRY A. COZIER, JJ.
| 2003-08009 Elia Aly Lizza, et al., plaintiffs, v Aanitron Systems, Inc., et al., defendants, F&D Contractors, respondent; Genevieve Lane LoPresti, nonparty-appellant. (Index Nos. 019046-01)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to stay enforcement of so much of an order of the Supreme Court, Nassau County, entered April 8, 2003, as directed her to pay a sanction to the respondents 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 so much of the order entered April 8, 2003, as directed the nonparty-appellant to pay a sanction to the respondents is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 30, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 30, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ALTMAN, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3012
Y/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2002-10854, 2003-07160 John Mazzullo, et al., respondents, v New York Mortgage Serving Corporation, et al., appellants, et al., defendants. (Appeal No. 1) John Mazzullo, et al., appellants, v New York Mortgage Serving Corporation, et al., respondents. (Appeal No. 2) (Index No. 16692/96)
| DECISION & ORDER ON MOTION |
Motion by New York Mortgage Serving Corporation and Delta Funding Corporation, the appellants in Appeal No. 1 and the respondents in Appeal No. 2, on appeals from two orders of the Supreme Court, Suffolk County, dated October 28, 2002, and July 16, 2003, respectively, to consolidate the appeals and to enlarge the time to perfect their 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 to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated October 28, 2002, is granted; and it is further,
ORDERED that the time of New York Mortgage Serving Corporation and Delta Funding Corporation to perfect their appeal is enlarged until February 11, 2004, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3068
S/mv
| 2003-03190
Darlene McCluskey, etc., et al., respondents, v Manuel Aguilar, et al., appellants, et al., defendants. (Index No. 25011/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated March 7, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 2, 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
M2975
T/nl
SANDRA J. FEUERSTEIN, J.P.
SONDRA MILLER
LEO F. McGINITY
STEPHEN G. CRANE, JJ.
| 2003-03457 Yale M. Murov, respondent, v Paul R. Ades, appellant, et al., defendants. (Index No. 736/01)
| DECISION & ORDER ON MOTION |
Appeal by the defendant Paul R. Ades from an interlocutory judgment of the Supreme Court, Nassau County, entered March 12, 2003. By decision and order on motion dated May 14, 2003, as amended by decision on order on motion dated July 21, 2003, the hearing in the above-entitled action was stayed on condition that the appeal was perfected by August 25, 2003. The appeal has not been perfected and the appellant has not moved to enlarge his time to comply with the decision and order on motion dated May 14, 2003, as amended by the decision and order on motion dated July 21, 2003.
Now, on the court's own motion, it is
ORDERED that the stay of the hearing granted by the decision and order on motion dated May 14, 2003, is vacated.
FEUERSTEIN, J.P., S. MILLER, McGINITY and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3000
A/mv
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
| 2003-01503 Piotr Podbielski, et al., plaintiffs, v KMO 361 Realty Associates, et al., defendants; Roni Dersovitz, nonparty-appellant; David H. Perecman & Associates, PLLC, nonparty-respondent. (and a third-party action) (Index No. 2006/94)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 8, 2003, on the ground that the transcript was not properly settled and the appendix on the appeal is incomplete, or, in the alternative, to enlarge its time to serve and file a brief on the appeal, and cross motion by the appellant, inter alia, to enlarge his time to perfect the appeal by properly settling the transcript.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the cross motion which is to enlarge the appellant's time to perfect the appeal is granted and on or before November 3, 2003, the appellant shall properly settle the transcript in accordance with CPLR 5525, and, if necessary, serve and file a supplemental appendix containing any corrections to the transcript, or file an affirmation with the Clerk of this court that there are no corrections to the transcript; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted and the respondent's brief must be served and filed on or before December 3, 2003; and it is further,
ORDERED that the motion and cross motion are otherwise denied.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3028
S/mv
| 2003-03858
Richard J. Smith Enterprises, et al., respondents, v Anthonisen's Poultry Farm, Inc., et al., appellants, et al., defendants. (Index No. 1687/99)
| 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, Orange County, dated March 5, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 29, 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
M3052
S/mv
| 2003-01617, 2003-04274
Michele Santangelo, et al., plaintiffs-respondents, v George Livornese, etc., et al., defendants- respondents, St. Vincent's Medical Center of Richmond, defendant third-party plaintiff- respondent; American Home Assurance Company, third-party defendant-appellant. (Index No. 12479/97)
| 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 appeals from an amended order of the Supreme Court, Richmond County, dated January 2, 2003, and an order of the same court dated March 21, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 9, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3059
Y/mv
DAVID S. RITTER, J.P.
SANDRA J. FEUERSTEIN
HOWARD MILLER
THOMAS A. ADAMS, JJ.
| 2003-03806, 2003-03807 George R. Simpson, et al., appellants, v Cook Pony Farm Real Estate, Inc., etc., et al., respondents. (Index No. 97-31848)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from two orders of the Supreme Court, Suffolk County, dated March 20, 2003, and March 21, 2003, respectively, on the ground that the notice of appeal from those orders is undated. Cross application by the appellant for leave to serve and file an amended notice of appeal.
Upon the papers filed in support of the motion and the cross application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the notice of appeal which was filed on April 29, 2003, is deemed to be dated April 29, 2003 (see CPLR 2101[f]); and it is further,
ORDERED that the cross application is dismissed (see CPLR 8022).
RITTER, J.P., FEUERSTEIN, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3021
Y/mv
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-02808 DECISION & ORDER ON MOTION Nataliya Slavuter, respondent, v Kim Slavuter, appellant. (Index No. 27838/99)
|
M
otion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated March 5, 2003.
Upon the papers filed in support of the motion and the papers filed in response 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 December 1, 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.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3029
S/mv
| 2003-00926, 2003-04869
Stanley Tulchin Associates, Inc., appellant, v Morton Grossman, et al., defendants, A.G. Adjustments, Inc., respondent. (Action No. 1)
(Index No. 1236/99) Stanley Tulchin Associates, Inc., appellant, v Deborah Sawyer, defendant, A.G. Adjustments, Inc., respondent. (Action No. (Index No. 12217/99)
| 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 appeals from two orders of the Supreme Court, Nassau County, dated December 16, 2002, and April 28, 2003, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 14, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3049
S/nl
| 2003-08277 Althea Wetherbee, et al., plaintiffs, v North Shore University Hospital, et al., defendants. (Action No. 1) Frank Lanzone, et al., appellants, v North Shore University Hospital, et al., respondents. (Action No. 2) Michael Powers, et al., appellants, v North Shore University Hospital, et al., respondents. (Action No. 3) Lee Sparaco, et al., appellants, v North Shore University Hospital, et al., respondents. (Action No. 4) (and related actions) (Index No. 11219/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from an order of the Supreme Court, Nassau County, dated May 19, 2003.
Upon the stipulation of the parties, dated August 25, 2003, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3010
Y/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
BARRY A. COZIER, JJ.
| 2002-09981 Jesse Williams, appellant, v North Fork Bank & Trust Co., respondent. (Index No. 25315/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated September 25, 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 the appellant's time to perfect the appeal is enlarged until November 6, 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 will be granted.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3041
M/mv
ANITA R. FLORIO, J.P.
SANDRA J. FEUERSTEIN
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
| 2003-02214 In the Matter of Anthony Confort, respondent, v Janine Nicolai, n/k/a Janine Lynch, appellant. (Docket Nos. V-487-00, V-488-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Suffolk County, dated March 5, 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 referred to the Clerk of this court pursuant to 22 NYCRR 670.4(a).
FLORIO, J.P., FEUERSTEIN, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2932
S/mv
SONDRA MILLER, J.P.
LEO F. McGINITY
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
| 2003-04955 In the Matter of Luisa Holden, appellant, v Clive Cardozo, respondent. (Docket No. V-3789-99)
| DECISION & ORDER ON MOTION |
Appeal by Luisa Holden from an order of the Family Court, Suffolk County, entered June 7, 2002. The notice of appeal is not dated and was not filed until June 2, 2003. By order to show cause dated August 6, 2001, the appellant was directed to show cause why an order should not be entered dismissing the appeal on the ground that it was not timely taken (see Family Ct Act 1113).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion to dismiss the appeal is denied.
S. MILLER, J.P., McGINITY, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M3004
C/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-04022, 2003-04023
In the Matter of Anthony L. (Anonymous). Administration for Children's Services, petitioner-respondent; Nelson L. (Anonymous), appellant, et al., respondent. (Index No. 14983-00)
| DECISION & ORDER ON MOTION |
Appeals by Nelson L. from two orders of the Family Court, Queens County, dated August 22, 2001, and November 25, 2002, respectively. By order to show cause dated September 10, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated May 28, 2003, issued pursuant to 22 NYCRR 670.4.
Now, on the court's own motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2993
C/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-08198 In the Matter of Colbert Jean Lubin, petitioner, v Marie Jean Lubin, respondent. (Docket Nos. V-13795/02, V-13796/02)
| DECISION & ORDER ON MOTION |
Motion by Marie Jean Lubin for leave to appeal to this court from an order of the Family Court, Kings County, dated September 16, 2003, and to stay enforcement of the order pending the 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 is denied; and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3011
C/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2002-06741, 2002-07868 In the Matter of Vincent Malfetano, respondent, v Sandra Parker, appellant. (Docket Nos. O-01520-02, V-2699-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Westchester County, dated June 24, 2002, and August 6, 2002, respectively, to direct the transcription of the in camera testimony of the two subject children, to direct that the appellant be provided with a copy of the transcripts of that in camera testimony, and of the supervised visitation reports of the White Plains YMCA, and to enlarge the time to perfect the appeals.
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 direct the transcription of the in camera testimony of the two subject children and to direct that the appellant receive a copy of that transcript is granted to the extent that the stenographer, Michelle Morelli, shall transcribe the minutes of the in camera testimony of the children taken on February 22, 2002, and forward the transcript of the minutes under seal to this court pursuant to CPLR 4019(b) and Family Court Act § 664(b), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is referred to the Clerk of this court pursuant to 22 NYCRR 670.4(a)(3); and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3007
C/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
| 2003-08120 In the Matter of Terry Rivers, appellant, v Michelle Harris, respondent. (Docket Nos. V-12167-03, V-16857-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Family Court, Kings County, dated August 1, 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from the order (see Family Ct Act 1112[a]), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3030
A/mv
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
| 2003-08169 The People, etc., respondent, v Alfonso Patricio Bastidas, appellant. (Ind. No. 12840/90)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Queens County, rendered August 1, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the court's own motion, the defendant is ordered to show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on November 14, 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 March 14, 1991, 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, his attorney, and the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion is held in abeyance in the interim.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3039
Y/mv
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
SANDRA L. TOWNES, JJ.
| 2001-06960
The People, etc., respondent, v Julius Jones, appellant. (Ind. No. 3536/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered June 26, 2001, which was determined by decision and order of this court dated May 27, 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.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3037
A/mv
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
| 2002-02178
The People, etc., respondent, v Marcus Larkins, appellant. (Ind. No. 01-00194)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Rockland County, rendered February 11, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including proof of proper service on the defendant (see CPL 470.60[2]).
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2996
T/nl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
| 2001-05691 The People, etc., respondent, v Louis Olivo, appellant. (Ind. No. 6662/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 13, 2001, and for assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied without prejudice to the appellant moving for leave to serve and file a supplemental pro se brief when the appeal has been perfected.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2994
T/nl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
| 1999-11701 The People, etc., respondent, v Moises Tejada, appellant. (Ind. No. 479-98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Suffolk County, rendered November 8, 1999, to direct his assigned counsel to serve and file a brief by a date certain, or, in the alternative, for the assignment of new 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 the motion is denied.
RITTER, J.P., FLORIO, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3032
J/mv
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
THOMAS A. ADAMS, JJ.
| 2000-03919 The People, etc., respondent, v Richard Timmons, appellant. (Ind. No. 2220/97)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 23, 2003, in the above-entitled matter is amended by deleting from the caption thereof Indictment Number "3919/00," and substituting therefor Indictment Number "2220/97."
SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3001
T/nl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN, JJ.
| 1990-08836 The People, etc., respondent, v David L. Williams, a/k/a DeAndre Williams, appellant. (Ind. No. 581/88)
| DECISION & ORDER ON APPLICATION |
Application by the appellant for a writ of error coram nobis seeking, in effect, de novo review of his appeal from a judgment of the County Court, Westchester County, rendered October 17, 1989, which was determined by decision and order of this court dated December 16, 1991 (People v Williams, 178 AD2d 570).
Upon the papers filed in support of the application and the papers filed in opposition or relation thereto, it is
ORDERED that the application is dismissed on the ground that the relief sought is not available by application for a writ of error coram nobis.
PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3003
T/nl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN, JJ.
| 2000-10377 The People, etc., respondent, v David Williams, a/k/a DeAndre Williams, appellant. (Ind. No. 80-00105)
| DECISION & ORDER ON APPLICATION |
Application by the appellant for a writ of error coram nobis seeking, in effect, de novo review of his appeal from a judgment of the Supreme Court, Westchester County, rendered December 17, 1980, which was determined by decision and order of this court dated January 17, 1983 (People v Williams, 91 AD2d 1028).
Upon the papers filed in support of the application and the papers filed in opposition or relation thereto, it is
ORDERED that the application is dismissed on the ground that the relief sought is not available by application for a writ of error coram nobis.
PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk