Appellate Division: Second Judicial Department
M16594
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-05818
Rafina Ally, respondent, v Carmelina Allessandro, et al., appellants. (Index No. 19678/00)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants for leave to withdraw their respective appeals from an order of the Supreme Court, Queens County, dated May 13, 2003.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16619
S/sl
|
2004-01150
Pamela Brandes, respondent, v North Shore University Hospital, et al., appellants, et al., defendants. (Index No. 5965/97)
| 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, Queens County, dated January 5, 2004.
ORDERED that the application is granted and the respondent's brief which was submitted to the Clerk of this court on October 4, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16621
S/sl
|
2004-01950
Danna Construction Corporation, et al., plaintiffs-respondents, v Utica First Insurance Company, appellant, Kenneth Chumsky, defendant-respondent. (Index No. 17498/03)
| 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 January 14, 2004.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until November 1, 2004, 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
M16626
CF/
|
2004-03357 Dora Grunfeld, et al., appellants, v Sears Roebuck & Company, respondent. (Index No. 13809/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Richmond County, dated February 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
M16620
CF/
|
2004-06215 Adam Gutierrez, plaintiff-respondent, v Dunwell Elevator Company, defendant, 2328 On Twelfth LLC, defendant-appellant. (Index No. 13004/01)
| 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 May 26, 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
M16624
S/sl
|
2004-03159
Leonard Hatfield, et al., appellants, v Bridgedale, L.L.C., et al., respondents (and a third-party action). (Index No. 22502/00)
| 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, Queens County, entered February 20, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 1, 2004, 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
M16545
M/nal
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON , JJ.
|
2004-03552
Frank Hirsch, respondent, v Debra Hirsch, appellant. (Action No. 1) Frank Hirsch, respondent, v Debra Hirsch, et al., appellants. (Action No. 2) (Index No. 7130/01)
| DECISION & ORDER MOTION |
Appeals by Debra Hirsch in Action Nos. 1 and 2 and Henry Osterman in Action No. 2 from an order of the Supreme Court, Rockland County, dated April 23, 2004. By order dated July 26, 2004, the appellants were granted until September 20, 2004, to perfect their appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing their brief on the appeals. The appellants have failed to comply with the order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the appeals are dismissed, without costs or disbursements.
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16640
E/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-06272
Lawrence Kantor, appellant, v Joyce R. Kantor, respondent.
(Index No. 9924/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated June 2, 2004, to stay enforcement of that order and an order of the same court dated August 26, 2004, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16579
R/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-09119 Andrea Lopez, respondent, v Peter J. Corines, etc., et al., appellants, et al., defendant. (Index No. 16980/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated September 5, 2003, for leave to file a supplemental record containing stated portions of a trial transcript from a specified criminal proceeding.
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., SMITH, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16595
M/nal
|
2004-02130, 2004-06690 Navah Matis, respondent-appellant, v Ephraim Matis, appellant-respondent. (Index No. 32321/97)
| SCHEDULING ORDER |
Appeals and cross appeal from an order of the Supreme Court, Kings County, dated February 18, 2004, and an order and a judgment (one paper) of the same court, dated July 13, 2004. The appellant-respondent's brief was filed in the office of the Clerk of this court on August 5, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent-appellant's time to serve and file a brief on the appeal is enlarged until October 22, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16617
CF/
|
2004-06703 Joanne A. Meyer, appellant, v Audio-Video Corp., et al., respondents, et al., defendants. (Index No. 2027/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an amended order of the Supreme Court, Dutchess County, dated June 17, 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
M16615
L/
|
2004-02303
Amanda Morrison, respondent, v Gregory M. Saragossi, et al., defendants, Look Entertainment Ltd. T/A Show Time Café, appellant. (Action No. 1) (Index No. 12434/99) Michael Parlato, respondent, v Gregory M. Saragossi, et al., defendants, Look Entertainment Ltd., d/b/a Show Time Café, appellant. (Action No. 2) (Index No. 24026/99) Marc Medina, plaintiff, v Gregory Saragossi, et al., defendants. (Action No. 3) (Index No. 16083/99) Christopher Drellos, et al., plaintiffs-appellants-respondents, v Gregory M. Saragossi, et al., respondents, Look Entertainment Ltd., T/A Show Time Café, respondent-appellant, et al., defendant. (Action No. 4) (Index No. 31800/99) Amanda Morrison, respondent, v Michael Killoran, et al., appellants. (Action No. 5) Index No. 16169/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants in Action No. 5, Michael Killoran and Patrick O'Donnell, to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated February 9, 2004.
Upon the papers filed in support of the applications and no papers having been filed in opposition or relation thereto, it is
ORDERED that the applications are granted and the appeals by Michael Killoran and Patrick O'Donnell, are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16515
S/sl
|
2004-02303
Amanda Morrison, respondent, v Gregory Saragossi, et al., defendants, Look Entertainment Ltd., T/A Show Time Café, appellant. (Action No. 1) (Index No. 12434/99) Michael Parlato, respondent, v Gregory M. Saragossi, et al., defendants, Look Entertainment Ltd., d/b/a Show Time Café, appellant. (Action No. 2) (Index No. 24026/99) Marc Medina, plaintiff, v Gregory Saragossi, et al., defendants. (Action No. 3) (Index No. 16083/99) Christopher Drellos, et al., plaintiffs-appellants- respondents, v Gregory M. Saragossi, et al., respondents, Look Entertainment Ltd., T/A Show Time Café, respondent-appellant, et al., defendant. (Action No. 4) (Index No. 31800/99) Amanda Morrison, plaintiff, v Michael Killoran, et al., defendants. (Action No. 5) (Index No. 16169/01
| ORDER ON APPLICATION |
Application by the appellants Christopher and Dawn Drellos 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 February 9, 2004.
ORDERED that the application is granted and the movants' time to perfect their appeal is enlarged until November 10, 2004, and the joint 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 Look Entertainment Ltd., T/A Show Time Café shall file its brief, including its points of argument on the cross appeal to the appeal of Christopher and Dawn Drellos, on or before December 15, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that all respondents shall serve and file their briefs on or before January 20, 2005; Christopher and Dawn Drellos shall serve and file their reply brief on or before February 25, 2005; and Look Entertainment Ltd., T/A Show Time Café shall serve and file its reply brief on or before March 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16590
PL/sl
|
2003-00822
One Gateway Plaza, LLC, appellant, v Village of Port Chester, et al., respondents. (Index No. 17125/01)
| 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 December 18, 2002.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 1, 2004, 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
M16622
S/sl
|
2003-11333
Daniel Papa, appellant, v Robert E. Sarnataro, respondent.
(Index No. 20035/97)
| 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 an appeal from a judgment of the Supreme Court, Queens County, dated April 14, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16618
CF/
|
2004-04267, 2004-04268 Wesley C. Peterson, et al., appellants, v Town of Smithtown, respondent. (Index No. 22198/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from an order of the Supreme Court, Suffolk County, dated March 23, 2004, and a judgment of the same court dated April 20, 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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16614
CF/
|
2003-10772 Ralph Roseff, appellant, v Northern Westchester Hospital Center, et al., respondents. (Index No. 16855/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Westchester County, dated October 28, 2003.
Upon the stipulation of the parties, dated September 22, 2004, it is
ORDERED that the appeal insofar as asserted against defendant-respondent Elie Abemayor is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16593
Y/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-09606 Shelvin Plaza Associates, respondent, v Lew Lieberbaum Holdings Co., Inc., et al., appellants. (Index No. 22999/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, entered September 23, 2003, to strike the appellants' reply brief on the ground that it contains matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
FLORIO, J.P., SMITH, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16625
CF/
|
2004-03947 Carlos Silvera, appellant-respondent, v Doral Court Hotel, et al., respondents-appellants (and a third-party action). (Index No. 28564/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Queens County, dated March 10, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16589
Y/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2004-04101 Robert Terrell, et al., plaintiffs-respondents, v Whitehall Jewellers, Inc., et al., defendants third-party plaintiffs-appellants, Smith Haven, et al., defendants-appellants, Universal Showcase, Inc., et al., defendants third-party defendants- respondents, R.C. Pazur Construction, defendant third-party defendant-appellant. (Index No. 5192/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 2, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16591
PL/sl
|
2004-01750
Janet Thompson, respondent, v Steven Thompson, appellant. (Index No. 18702/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered October 8, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 17, 2004, 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
M16616
CF/
|
2004-06054 Jeffrey Vogel, et al., appellants, v American Motorized Products, Inc., et al., respondents. (Index No. 8802/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated June 9, 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
M16623
CF/
|
2004-07673 Jeffrey Vogel, et al., appellants, v American Motorized Products, Inc., et al., respondents. (Index No. 8802/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated August 2, 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
M16601
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN A. FISHER, JJ.
|
2004-07103
In the Matter of Joseph A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adam A. (Anonymous). Orange County Department of Social Services, respondent; Dawn A. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3773-03, B-3774-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated June 28, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Cheryl E. Maxim, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Henry J. Neale, Jr., Esq.
222 Mamaroneck Avenue
White Plains, New York 10605
(914) 997-7575
FLORIO, J.P., SMITH, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16581
M/nal
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2004-03372
In the Matter of Linda Yolanda B. (Anonymous). Family Support Systems Unlimited, Inc., et al., respondents; Lashawn R. (Anonymous), appellant. (Docket No. B-15875/02)
| DECISION AND ORDER ON MOTION |
Appeal by Lashawn R. from an order of the Family Court, Queens County, dated March 10, 2004, which was entered on the appellant's default.
Now, on the court's own motion it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered on the default of the appealing party (see CPLR 5511; Payne v Payne, 4 AD3d 512).
H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16602
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN A. FISHER, JJ.
|
2004-06625
In the Matter of Eric C. (Anonymous), appellant. (Docket No. D-1177-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated July 14, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Harold A. Seidenberg, One South Street, Goshen, N.Y., 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
John A. Pappalardo, Esq.
200 East Post Road
White Plains, New York 10007
(914) 761-9400
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
FLORIO, J.P., SMITH, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16576
R/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-07744 In the Matter of Lisa Greene, petitioner, v Jeffrey Greene, respondent.
(Docket No. 07690/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to appeal to this court from an order of the Family Court, Nassau County, dated August 6, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that on the court's own motion, the appeal taken as of right is dismissed without costs or disbursements as the order is not appealable as of right and leave to appeal has not been granted (see Family Ct. Act � 1112); and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., SMITH, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16627
CF/
|
2003-01753 In the Matter of Maria Krambis, deceased. Barbara Rose, respondent; Kyriacos Stavrinou, appellant. (Index No. 4401/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Surrogate's Court, Queens County, dated February 19, 2003.
Upon the stipulation of the parties, dated May 3, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16613
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2003-10271 In the Matter of M.B. (Anonymous). Mental Hygiene Legal Services, nonparty- appellant; Staten Island Developmental Disabilities Services Office, et al., respondents. (File No. G-33/02)
| DECISION & ORDER ON MOTION |
Motion by NYSARC, Inc., for leave to file an amicus curiae brief on an appeal from an order of the Surrogate's Court, Richmond County, dated October 31, 2003.
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 amicus curiae brief deposited in the office of the Clerk of this court is accepted for filing; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief on or before October 15, 2004.
SANTUCCI, J.P., ADAMS, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16605
F/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-05044
In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated September 28, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated May 5, 2004, 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 motion 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:
Evan Tanenbaum, Esq.
Beler & Tanenbaum, P.C.
25 West Main Street
Smithtown, New York, 11787
(631) 979-1027
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken
ADAMS, J.P., CRANE, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16604
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-08387 The People, etc., respondent, v Wayne Bell, appellant. (Ind. No. 2166/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered September 9, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
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 District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
FLORIO, J.P., SMITH, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A 4936
Five Points Corr. Fac.
State Route 96, Box 119
Romulus, New York 14541
Appellate Division: Second Judicial Department
M16603
F/
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
HOWARD MILLER
GLORIA GOLDSTEIN, JJ.
|
1992-07108 The People, etc., respondent, v Ugo Berardi, appellant. (Ind. No. 78088)
| 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, Nassau County, rendered September 1, 1992.
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 appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
PRUDENTI, P.J., SMITH, H. MILLER, and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16510
A/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2001-05751 The People, etc., respondent, v Edward Brown, appellant. (Ind. No. 1687/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, rendered June 8, 2001, which was determined by decision and order of this court dated August 11, 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.
RITTER, J.P., FLORIO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16564
K/sl
WILLIAM F. MASTRO, J.
|
2003-08550
The People, etc., respondent, v Diego Calvo, appellant. (Ind. No. 10078/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered August 28, 2003, and to release the appellant on $10,000 bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M16600
F/
ROBERT A. LIFSON, J.
|
2004-07460
The People, etc., plaintiff, v Carlos Jones, defendant. (Ind. No. 5473/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 2, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M16455
F/
DANIEL F. LUCIANO
|
2004-05219 The People, etc., plaintiff, v Von Knowlden, a/k/a Salim Abdul-Malik, defendant. (Ind. No. 2864/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated May 18, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
DANIEL F. LUCIANO
Associate Justice
Appellate Division: Second Judicial Department
M16568
K/sl
GLORIA GOLDSTEIN, J.
|
2004-04201
The People, etc., plaintiff, v Miguel Rodriguez, defendant. (Ind. No. 5797/90)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 12, 2004, which application was determined by me in an order dated June 9, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for reargument is granted, and upon reargument, the court adheres to its original determination of the application contained in the order dated June 9, 2004.
GLORIA GOLDSTEIN
Associate Justice