Appellate Division: Second Judicial Department
M16643
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-06809 David Benjamin, appellant, v State of New York, respondent. (Claim No. 108834)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Court of Claims, dated June 4, 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 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
M16693
CF/
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2004-05493 Leslie R. Blinn, respondent, et al., plaintiffs, v Kornos Taxi, Inc., et al., appellants. (Index No. 21592/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated May 27, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M16695
CF/
|
2004-03541 Donna Bostick, et al., respondents, v Dorcas Lewis, et al., appellants. (Index No. 22599/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated March 18, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M16696
CF/
|
2004-03559 Donna Bostick, et al., respondents, v Dorcas Lewis, et al., appellants. (Index No. 22599/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 23, 2003.
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ORDERED that the application is granted and the appeal is marked withdrawn.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
M16709
CF/
|
2004-03070 James C. Brewer, respondent, v Domenico A. Lanziser, et al., appellants. (Index No. 14193/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 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
M16646
S/sl
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2004-03298, 2004-08681
Robin Cunningham, plaintiff-respondent, v Alexander's Kings Plaza, LLC, et al., appellants, Fisher Development, Inc., defendant-respondent. (Index No. 33173/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, both dated March 5, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until November 22, 2004, 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 of the Court
Appellate Division: Second Judicial Department
M16638
O/sl
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2004-03751 Duane Reade, respondent-appellant, v Block 247, LLC, appellant-respondent. (Index No. 13196/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, joined by the appellant-respondent, to stay all discovery in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated February 23, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and all discovery in the above-entitled action is stayed pending hearing and determination of the appeal.
H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16642
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08285 Richard Dubi, respodent, v Bryan Wayne Kishner, appellant. (Index No. 10212/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk 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 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
M16674
CF/
|
2004-05669 Randi Eisenberg, et al., respondents, v I.J.A. Kidz, Inc., d/b/a The Little Gym, et al., appellants. (Index No. 17870/02)
| 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 7, 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
M16659
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-07838 Emigrant Savings Bank, plaintiff-respondent, v Laurence Rappaport, et al., defendants- respondents, Bank of New York, appellant. (Index No. 17490/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated August 23, 2004, to stay enforcement of the order and to stay transfer of the referees deed for the subject property, 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 granted and enforcement of the order dated August 23, 2004, and transfer of the referees deed, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 5, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 5, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16503
M/nal
HOWARD MILLER , J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN , JJ.
|
2004-02421
Yvonne Fornells, appellant, v Tagart David Figueras, respondent. (Index No. 02614/97)
| DECISION & ORDER ON MOTION |
Appeal by Yvonne Fornells from a judgment of the Supreme Court, Westchester County, entered January 28, 2004. By decision and order dated July 14, 2004, the appellant was granted until August 30, 2004, to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal. The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the appeal is dismissed, without costs or disbursements.
H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16694
CF/
|
2004-06941 Manya Gumenik, respondent, v Toys "R" Us, Inc., etc., appellant. (Index No. 18481/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 6, 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
M16649
CF/
|
2004-07548 Phillip Hoffman, appellant, v Five Towns College, respondent. (Index No. 5328/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 8, 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
M16710
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-07775 Linda Kane, respondent, v Matthew Rudansky, appellant. (Index No. 17878/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Westchester County, dated July 15, 2004, 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 denied.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16668
E/sl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-00523, 2004-04312
Elvira Karsdon, respondent-appellant, v Robert F. Barringer, et al., appellants- respondents, et al., defendants. (Index No. 30782/99)
| DECISION & ORDER ON MOTION |
Motion by Elvira Karsdon on an appeal from an order of the Supreme Court, Kings County, dated October 27, 2003, and an appeal from a judgment of the same court entered December 23, 2003, to deem her notice of appeal from the order to be a premature notice of cross appeal from the judgment.
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 Elvira Karsdon, the respondent-appellant, shall serve and file her answering brief, including her points of argument on the cross appeal from the judgment, on or before November 8, 2004 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that on the court's own motion, the appeal from the order is dismissed, without costs or disbursements, in light of the determination of this motion.
FLORIO, J.P., SMITH, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16669
E/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-00955
Rose King, appellant, v Airport Group, Inc., et al., respondents. (Index No. 3284/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, entered January 7, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from a judgment of the same court entered October 28, 2003 (see CPLR 5512); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until November 8, 2004, 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 the motion is otherwise denied.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16670
CF/
|
2003-10734 Henryka Klim, et al., respondents, v 3 Guys from Brooklyn, appellant. (Index No. 15551/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 24, 2003.
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
M16672
CF/
|
2004-04600 Nicole LaMarca, respondent, v Robert Romanelli, etc., appellant. (Index No. 2861/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 16, 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
M16673
CF/
|
2004-01984 Joseph Maraia, et al., appellants-respondents, v Paul Valentine, respondent-appellant. (Index No. 3664/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant to withdraw a cross appeal from an order of the Supreme Court, Rockland County, dated February 12, 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
M16630
CF/
|
2004-01250 Craig Martin, appellant, v Radio Computing Services, Inc., d/b/a RCS Services, respondent. (Index No. 8848/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated December 30, 2003.
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
M16664
PL/sl
|
2003-10930 Bruce Militrano, etc., et al., appellants, v Lederle Laboratories, etc., et al., respondents, St. Mary's Hospital and Catholic Medical Center, defendant. (Index No. 18612/01)
| 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 appeal from an order of the Supreme Court, Kings County, dated November 3, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 22, 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
M16689
PL/sl
|
2004-04177
Felix Pena, appellant, v Goody's Spanish Food & More, et al., respondents. (Index No. 10100/02)
| 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, Queens County, dated April 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 4, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16569
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-11231
Louis Rosemarin, respondent, v Village of Cedarhurst, et al., appellants. (Index No. 18232/01)
| DECISION & ORDER ON MOTION |
The defendants, Village of Cedarhurst and Bocker Enterprises Incorporated, having appealed to this court from an order of the Supreme Court, Nassau County, dated November 20, 2003, having filed a record on the appeals on January 15, 2004, and having filed their separate briefs on March 1, 2004, and no brief having been filed by the respondent, the matter was placed on this court's calendar for June 1, 2004. On May 21, 2004, counsel for the appellants notified this court that the parties had settled the action and that the appellants wished to withdraw their respective appeals. By letter dated May 21, 2004, counsel for the appellant Village of Cedarhurst advised this court that the matter had been settled on February 27, 2004, and by separate letter, also dated May 21, 2004, counsel for the appellant Bocker Enterprises Incorporated advised this court that the action had been settled on February 22, 2004. By order to show cause dated June 28, 2004, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and upon the papers filed in opposition thereto, it is
ORDERED that within 20 days after the service upon them of a copy of this decision and order on motion, the law firms of Greenfield & Reilly, counsel for the appellant Village of Cedarhurs, and Gorton & Gorton, LLP, counsel for the appellant Bocker Enterprises Incorporated, are each directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Nassau County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
Under the circumstances the parties' failure to promptly advise this court that the action had been settled warrants imposition of sanctions in the amounts indicated.
H. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16506
O/sl
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2004-05905, 2004-05906 Nurit Rosenblat, et al., appellants, v Kenneth Austin, etc., respondent, et al., defendants. (Index No. 4220/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order and a judgment of the Supreme Court, Rockland County, dated June 8, 2004, and June 11, 2004, respectively, on the ground that the order and the judgment were entered upon the appellants' default, and that the right of direct appeal from the order terminated with entry of the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated with entry of the judgment is granted, and the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY 241, 248); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the judgment on the ground that it was entered upon the appellant's default is denied without prejudice to the respondent raising that issue in his brief on the appeal; and it is further,
ORDERED that the motion is otherwise denied as academic.
H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16658
O/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
BARRY A. COZIER
PETER B. SKELOS, JJ.
|
2004-00325 Ramesh Sarva, et al., respondents, v Amitava Chakravorty, et al., appellants. (Index No. 00325/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 19, 2003, and for leave to serve and file a supplemental record containing an 11 page submission dated April 23, 2003 from the respondents' attorney to the Supreme Court.
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 respondents' time to serve and file a brief and is enlarged until November 5, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents' shall file a supplemental record containing the 11 page submission dated April 23, 2003 from the respondents' attorney to the Supreme Court on or before November 5, 2004.
RITTER, J.P., H. MILLER, COZIER and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16675
CF/
|
2003-10863 State Farm Mutual Automobile Insurance Company, et al., respondents, v Deirdre Sparacio, et al., appellants. (Index No. 646/00)
| 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 November 5, 2003.
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
M16401
R/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
|
2003-06836 Beverly Tuma, appellant, v George W. Galgano, Jr., respondent. (Index No. 15758/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPLR 6513 to extend the duration of the notice of pendency filed in the above-entitled action on October 9, 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 denied in light of the determination of the appeal (see Tuma v Galgano, ____ AD3d ____ [2d Dept, Oct 4, 2004]).
ALTMAN, J.P., H. MILLER, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16708
CF/
|
2004-07066 Semen Vorik, et al., respondents, v Kwok Kwong T. Choi, et al., appellants. (Index No. 14099/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated July 6, 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
M15410
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03329
In the Matter of Steven A. (Anonymous), appellant.
(Docket No. D-2695/04)
| ORDER TO SHOW CAUSE |
Motion by the appellant for leave to prosecute an appeal from a decision of the Family Court, Suffolk County, entered March 9, 2004, as a poor person, and for the assignment of counsel.
On the court's own motion, it is
ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appeal is from a decision by filing an affirmation or affidavit on that issue; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; 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 counsel for the respective parties.
FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16611
M/nal
|
2004-03378 In the Matter of Yvon Abellard, appellant, v Edith Aime, respondent. (Docket No. P-4133-01)
| SCHEDULING ORDER |
Appeal by Yvon Abellard from an order of the Family Court, Queens County, dated March 15, 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 14, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15966
M/nal
|
2004-06572
In the Matter of "Baby Doe." Administration for Children's Services, respondent; Doreen S. (Anonymous), appellant. (Docket Nos. V-08914-04, N-018898-04)
| ORDER TO SHOW CAUSE |
Appeal by Doreen S. from an order of the Family Court, Kings County, dated June 16, 2004. By scheduling order dated August 11, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 11, 2004, 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 18, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16598
M/nal
HOWARD MILLER, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN, JJ.
|
2004-03962, 2004-03963
In the Matter of Deborah Cunningham, appellant, v George Fillie Faboe, respondent. (Docket No. F-06106-02)
| DECISION & ORDER ON MOTION |
Appeals by Deborah Cunningham from two orders of the Family Court, Kings County, dated March 24, 2004, and April 22, 2004, respectively. By order to show cause dated July 22, 2004, 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 19, 2004, issued pursuant to 22 NYCRR 670.4(a)(5). By decision and order of this court dated September 2, 2004, that motion was denied and the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 20, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the appeals are dismissed, without costs or disbursements.
H. MILLER, J.P., S. MILLER, KRAUSMAN and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16657
CF/
|
2003-04896 In the Matter of Daniel H. (Anonymous), appellant. (Index No. D-3602-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated May 8, 2003.
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
M16685
O/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08158 In the Matter of Ricardo H. (Anonymous), respondent; Charlotte Seltzer, etc., appellant. (Index No. 500731/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated September 14, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated September 14, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 8, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 8, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16404
M/nal
|
2004-08197 In the Matter of Cecilia Heyward, appellant, v Peter Goldman, respondent. (Docket No. F-10494-02)
| SCHEDULING ORDER |
Appeal by Cecelia Heyward from an order of the Family Court, Kings County, dated July 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 it has been ordered, 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M16684
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05724, 2004-05726 In the Matter of Sylvia J. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant, et al., respondent. In the Matter of Kevin G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant, et al., respondent. In the Matter of Salina G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant, et al., respondent. In the Matter of Kelsey G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant, et al., respondent. In the Matter of Kelly G. (Anonymous). Administration for Children's Services, petitioner- respondent; Poorandeo G. (Anonymous), appellant, et al., respondent. (Docket Nos. N-13599-00, N-13600-00, N-13601-00, N-13602-00, N 13603-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from two orders of the Family Court, Queens County, dated April 3, 2004, and June 2, 2004, respectively, as a poor person, for the assignment of counsel, and for a preference in the calendaring 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 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:
David I. Bliven, Esq.,
90-50 Parsons Blvd - Suite 401C
Jamaica, New York 11432
(718) 725-9600
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 appeal will be calendared when fully perfected; 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.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16641
O/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-02319, 2003-03740 In the Matter of Kitson & Kitson, etc., petitioner- respondent, v City of Yonkers, et al., respondents- respondents; Peter G. McKiernan, intervenor- respondent-appellant; Lawrence H. Bloom, intervenor- appellant-respondent; et al., intervenors-respondents. (Proceeding No. 1) (Index No. 18747/01) In the Matter of Lawrence H. Bloom, appellant- respondent, v Vincent Starkey, etc., et al., respondents-respondents; Peter G. McKiernan, intervenor-respondent-appellant; et al., intervenors- respondents. (Proceeding No. 2) (Index No. 11714/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent and cross motion by the respondent-appellant, inter alia, to reargue appeals and cross appeals from a decision and a judgment of the Supreme Court, Westchester County, dated January 9, 2003, and April 16, 2003, respectively, which were decided by opinion and order of this court dated June 1, 2004.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16661
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05603 In the Matter of Gail Larkin, respondent, v Harry E. Minall, appellant. (Docket Nos. V-00870-04, V-00871-04)
| DECISION & ORDER ON MOTION |
Appeal by Harry E. Minall from an order of the Family Court, Richmond County, dated June 2, 2004. By order to show cause dated September 29, 2004, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 6, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 6, 2004 (see 22 NYCRR 670.4[a][5]).
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16663
Y/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05624 In the Matter of Penelope M. (Anonymous), respondent, v Byagi C. (Anonymous), a/k/a Marie Byagi C. (Anonymous), appellant. (Docket No. P-1061-98)
| DECISION & ORDER ON MOTION |
Appeal by Byagi C., a/k/a Marie Byagi C. from an order of the Family Court, Westchester County, dated June 3, 2004. By order to show cause dated September 9, 2004, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 7, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 7, 2004 (see 22 NYCRR 670.4[a][5]).
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16660
E/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05521
In the Matter of Lenora Myrick, appellant, v Administration for Children's Services, et al., respondents. (Docket Nos. V-11689-02, V-11699-02)
| DECISION & ORDER ON MOTION |
Appeal by Lenora Myrick from an order of the Family Court, Queens County, dated June 23, 2004. By order to show cause dated September 9, 2004, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 7, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.
Now, on the court's own motion and upon the papers filed in support of the application, and the papers filed in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16683
E/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05597 In the Matter of Brandon Alfred N. (Anonymous). Seaman's Society for Children and Families, respondent; Alfred N. (Anonymous), appellant. (Docket No. B-5150/03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Richmond County, to be relieved, for the assignment of new counsel to prosecute an order of the Family Court, Richmond County, dated May 12, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before October 21, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before November 4, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16644
M/nal
|
2004-06408
In the Matter of Giselle Altagracia N. (Anonymous), a/k/a Giselle N. (Anonymous). St. Christopher Otillie, respondent; Jose N. (Anonymous), appellant. (Docket No. B-17417/03)
| ORDER TO SHOW CAUSE |
Appeal by Jose N. from an order of the Family Court, Kings County, dated June 18, 2004. By scheduling order dated August 2, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 2, 2004, 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 18, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16662
E/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05092 In the Matter of Nektaria Patellis, respondent, v Antonio Patellis, appellant. (Docket No. F-02434-03)
| DECISION & ORDER ON MOTION |
Appeal by Antonio Patellis from an order of the Family Court, Rockland County, dated April 23, 2004. By order to show cause dated September 9, 2004, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 6, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 6, 2004 (see 22 NYCRR 670.4[a][5]).
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15557
M/nal
|
2004-02770 In the Matter of William Reichling, respondent, v Dolores Reichling, appellant. (Docket Nos. V-4442-98, V-4443-98)
| SCHEDULING ORDER |
Appeal by Dolores Reichling from an order of the Family Court, Suffolk County, dated March 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 31, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M16607
M/nal
|
2004-03065, 2004-03068 In the Matter of Pedro L. Rivera, respondent, v Marcia Quinones-Rivera, appellant. (Docket No. O-2140-04)
| SCHEDULING ORDER |
Appeals by Marcia Quinones-Rivera from two orders of the Family Court, Queens County, both dated March 12, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 29, 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's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M16608
M/nal
|
2004-05044 In the Matter of Camille N. Rochester, respondent, v Fred B. Rochester, appellant. (Docket No. O-5226-04)
| SCHEDULING ORDER |
Appeal by Fred B. Rochester from an order of the Family Court, Suffolk County, dated May 5, 2004. By decision and order of this court dated October 4, 2004, the following attorney was assigned as counsel on the appeal:
Evan Tanenbaum, Esq.
Beler & Tanenbaum, P.C.
25 West Main Street
Smithtown, New York 11787
(631) 979-1027
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 28, 2004, 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M16609
M/nal
|
2004-00438 In the Matter of Isiah S. (Anonymous), appellant. (Docket No. D-10352/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated December 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 29, 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's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M16612
M/nal
|
2003-09317, 2003-09319
In the Matter of Mahdu S. (Anonymous), appellant, v Taijwatie S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Amitra S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; Taijwatie S. (Anonymous), respondent-respondent. (Proceeding No. 2) In the Matter of Elisa S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; Taijwatie S. (Anonymous), respondent-respondent. (Proceeding No. 3) In the Matter of Vikram S. (Anonymous). Administration for Children's Services, petitioner-respondent; Mahdu S. (Anonymous), appellant; Taijwatie S. (Anonymous), respondent-respondent. (Proceeding No. 4) (Docket Nos. V-13560/01, V-13561/01, V-6831/03, N-16139-01, N-16140/01, N-16141/01, O-13301/01)
| SCHEDULING ORDER |
Appeals by Mahdu S. from two orders of the Family Court, Kings County, both dated October 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 12, 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 time of the respondent Taijwaite S. to serve and file a brief on the appeals is enlarged until October 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16678
CF/
|
2004-03041
In the Matter of Alexia T. (Anonymous). Orange County Department of Social Services, appellant; John F. (Anonymous), respondent. In the Matter of Andasha F. (Anonymous). Orange County Department of Social Services, appellant; John F. (Anonymous), respondent. In the Matter of (Boy) F. (Anonymous). Orange County Department of Social Services, appellant; John F. (Anonymous), respondent. In the Matter of Clarisa C. (Anonymous). Orange County Department of Social Services, appellant; John F. (Anonymous), respondent. In the Matter of Danielle W. (Anonymous). Orange County Department of Social Services, appellant; John F. (Anonymous), respondent. In the Matter of John'na F. (Anonymous). Orange County Department of Social Services, appellant; John F. (Anonymous), respondent. In the Matter of Seqoia F. (Anonymous). Orange County Department of Social Services, appellant; John F. (Anonymous), respondent. In the Matter of Tinea F. (Anonymous). Orange County Department of Social Services, appellant; John F. (Anonymous), respondent. (Docket Nos. N-6120-03, N-6121-03, N-6122-03, N-6129-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Orange County, dated March 16, 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
M16676
CF/
|
2004-04965 In the Matter of Utica Mutual Insurance Company, appellant, v Galina Zemko, et al., respondents. (Index No. 2359/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 19, 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
M16610
M/nal
|
2003-08121
In the Matter of Lauramarie Addie W. (Anonymous). Lakeside Family & Children's Services, petitioner- respondent; Laura Jeanette W. (Anonymous), et al., appellants. (Docket Nos. B-23901-97, B-18055-99)
| SCHEDULING ORDER |
Appeal by Laura Jeanette W. from an order of the Family Court, Kings County, dated June 18, 2003. The brief of the appellant Laura W. was filed in the office of the Clerk of this court on August 5, 2004, and the brief of the appellant Darryl J. was served and filed on August 19, 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 law guardian's time to serve and file a brief on the appeal is enlarged until November 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16665
PL/sl
|
2003-04651 The People, etc., respondent, v Ceasar Bones, appellant. (Ind. No. 2544/01)
| 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 a judgment of the Supreme Court, Queens County, rendered May 19, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 14, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16645
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2002-10896 The People, etc., respondent, v Edward Brown, appellant.
(Ind. No. 3339/00)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered November 22, 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 the appellant's supplemental brief shall be served and filed on or before December 16, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16629
S/sl
|
2004-00089 The People, etc., respondent, v Steven A. Domin, appellant. (Ind. No. 76/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered December 17, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 7, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16592
PL/sl
|
2004-04230, 2004-04231
The People, etc., respondent, v Gerald Garson, appellant. (Ind. Nos. 3515/03, 5332/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Queens County, dated April 29, 2004, and May 6, 2004, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 12, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16563
K/sl
STEVEN W. FISHER, J.
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2004-07908 The People, etc., plaintiff, v Anibal Ortiz, defendant. (Ind. No. 4176/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 530.45 to be released on his own recognizance, or in the alternative, to fix bail after his conviction in the Supreme Court, Kings County, on June 17, 2004, of sodomy in the second degree, sodomy in the third degree, sexual abuse in the second degree, and endangering the welfare of a minor. On July 29, 2004, the trial court remanded the defendant pending the imposition of sentence.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic. The defendant was sentenced on September 16, 2004.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M16707
CF/
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2002-02639 The People, etc., respondent, v John Ramey, appellant. (Ind. No. 3672/99)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered February 8, 2002.
Upon the stipulation of the parties, dated September 30, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16628
S/sl
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2002-08405 The People, etc., respondent, v Levogie Richardson, appellant. (Ind. No. 60/01)
| 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 a judgment of the County Court, Dutchess County, rendered September 5, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 7, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16456
F/
A. GAIL PRUDENTI, P.J.
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2004-06770 The People, etc., plaintiff, v James Smith, defendant. (Ind. No. 8088/91)
| 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 June 10, 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.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division: Second Judicial Department
M16647
C/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2000-03919 The People, etc., respondent, v Richard Timmons, appellant. (Ind. No. 2220/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered April 4, 2000.
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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until December 16, 2004.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court