Appellate Division: Second Judicial Department
M30747
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2005-03308
CDJ Construction Corp., respondent, v Abraham Berkowitz, etc., et al., appellants. (Index No. 39382/04)
| 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, Kings County, dated March 4, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 3, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30749
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2005-01693
Sharon Verwayne Clark, et al., appellants, v Thomas McGregor, et al., respondents. (Index No. 43472/02)
| ORDER ON APPLICATION |
Application by the respondent Troy N. Verwayne 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 December 7, 2004.
ORDERED that the application is granted and the time of the respondent Troy N. Verwayne to serve and file a brief is enlarged until December 27, 2005, and that 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
M30741
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HOWARD MILLER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
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2005-08690 Christine Degliuomini, respondent, v Beatrice Degliuomini, appellant. (Index No. 7230/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated September 9, 2005, 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.
H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30756
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2004-09250
Glenn Dennard, etc., et al., respondents, v Small World Center, Inc., appellant.
(Index No. 22775/00)
| 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, Suffolk County, dated September 15, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 11, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30742
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2005-02184 Patricia Farrell, appellant, v Mark J. Gelwan, etc., respondent. (Index No. 30833/01)
| 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, entered February 8, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 5, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30754
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2005-00312 Juan Fernandez, respondent, v Ahmed E. Elemam, etc., appellant. (Index No. 10158/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated December 18, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 14, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30359
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ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
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2004-05866, 2004-08635 Ryan Finegan, respondent-appellant, et al., plaintiff, v Clear Channel Communications, Inc., appellant-respondent, et al, defendants.
(Index No. 6447/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated August 30, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal and cross appeal (see Finegan v Clear Channel Communications, Inc., ____ AD3d ____ [2d Dept, Oct. 3, 2005]).
SCHMIDT, J.P., SANTUCCI, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30745
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2005-06947
Christine Fiorenza, respondent, v Foot Locker, Inc., et al., appellants. (Index No. 11080/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated July 8, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 7, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30750
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2005-01202
Alexander Gavrilov, et al., appellants, v Eddie Slinim, et al., respondents. (Index No. 26396/03)
| 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, Kings County, dated December 1, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 2, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30752
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2005-07040
Irene Goldfarb, respondent, v Mark S. Schwartz, appellant. (Index No. 36835/04)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 21, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 21, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30474
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2005-08383 James Graham, appellant, v Margaret Graham, respondent. (Index No. 26215/99)
| SCHEDULING ORDER |
Appeal by James Graham from an order of the Supreme Court, Nassau County, dated August 29, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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 and paid for, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M30740
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2005-00540
Stephen Hutchinson, appellant-respondent, v Clare Rose of Nassau, Inc., et al., respondents- appellants. (Index No. 6228/03)
| ORDER ON APPLICATION |
Applications by the appellant-respondent and the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated December 29, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until November 29, 2005, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30746
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2005-01024
Ka Foon Lo, respondent, v George Curis, et al., appellants. (Index No. 7359/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 17, 2004.
ORDERED that the application is granted and the reply brief shall be filed on or before October 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30737
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2005-07766
Keon Kerr, et al., respondents, v Pamera Assony, appellants. (Index No. 23444/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated June 23, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 21, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30743
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2005-04388
Brianna A. Martins-Diaz, etc., respondent, v Hiram Pardanani, et al., appellants. (Index No. 22928/00)
| 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, Suffolk County, dated April 12, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 23, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30748
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2005-03736
Mohammed Molla, et al., appellants, v Michael R. Lewis, respondent. (Index No. 26588/03)
| 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, dated March18, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 5, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30768
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2005-00641
NYCTL 1998-1 Trust, et al., respondents, v Carajo Holding Corporation, appellant, et al., defendants. (Index No. 22910/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 13, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30755
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2005-03250
Beatriz Perez, plaintiff-respondent, v P.K.L. Corp., d/b/a Chung Kiwa Restaurant, appellant, City of New York, et al., defendants-respondents.
(Index No. 13161/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated March 1, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30758
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2005-03396
Irwin Peters, et al., appellants, v Accurate Building Inspectors Division of Ubell Ent., Inc., respondent.
(Index No. 45490/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 21, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 28, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30767
C/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
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2005-00878 Barbara Purpura, respondent, v Nicholas E. Purpura, appellant. (Index No. 5769/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Richmond County, dated January 3, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed as academic in light of the parties' stipulation dated June 14, 2005, and the decision and order of this court dated August 22, 2005, in Purpura v Purpura (Appellate Division Docket No. 2004-09844) determining an appeal from an order of the same court dated September 30, 2004; and it is further,
ORDERED that the motion is denied as academic.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30766
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2005-03885
Iris Quirindongo, appellant, v Christine M. Cerio, respondent. (Index No. 11666/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated January 14, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 8, 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
M30760
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2005-03171 Bret Saberhagen, plaintiff-respondent, v Thomas Sweeney, et al., appellants; Lynn Saberhagen, et al., third-party defendants-respondents. (Index No. 2002-08636)
| 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, Suffolk County, dated January 25, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 18, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30759
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2005-02322 Sheyna Streletskaya, appellant, v New York City Transit Authority, respondent. (Index No. 36764/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 14, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 11, 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
M30757
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2004-10895
Scott Suchin, et al., appellants, v Robert W. Frederick, respondent. (Index No. 3862/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Westchester County, dated November 24, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30744
R/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
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2005-06777 2260 Flatbush Avenue, LLC, respondent, v Ninette's Wedding Center, Inc., a/k/a Ninette's Wedding Ctr, Inc., et al., appellants, et al., defendants.
(Index No. 39847/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated June 21, 2005, 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.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30753
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2004-10047
Constantine Tsatsakis, respondent, v Booth Memorial Medical Center, etc., et al., appellants. (Index No. 17413/88)
| 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, entered October 26, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 27, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30761
J/sl
STEPHEN G. CRANE, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-11031 Frances Williams, appellant, v New York City Transit Authority, respondent. (Index No. 24666/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 15, 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 it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
CRANE, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30635
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2005-02597 In the Matter of Imani B. (Anonymous). Suffolk County Department of Social Services, respondent; Vernon B. (Anonymous), appellant. (Docket No. N- 21224-04)
| SCHEDULING ORDER |
Appeal by Vernon B. from an order of the Family Court, Suffolk County, dated March 9, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 22, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M30591
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2005-04270 In the Matter of Jamela B. (Anonymous). Westchester County Department of Social Services, appellant; Josephine S. (Anonymous), et al., respondents. (Docket No. N-13048-03)
| SCHEDULING ORDER |
Appeal by Westchester County Department of Social Services from an order of the Family Court, Westchester County, dated April 5, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 23, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that 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
M30434
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2005-08797 In the Matter of Cyrenna Dewhurst, appellant, v Commissioner of Social Services, et al., respondents. (Proceeding No. 1) In the Matter of Joshua Hersh, appellant, v Commissioner of Social Services, et al., respondents. (Proceeding No. 2) (Docket Nos. V-5226-00, V-10011-05)
| SCHEDULING ORDER |
Separate appeals by Cyrenna Dewhurst and Joshua Hersh from an order of the Family Court, Westchester County, dated August 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants 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, each of the appellants 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 the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if either of the appellants is indigent and cannot afford to obtain the minutes or perfect the appeals, 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals 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
M30476
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2005-08930 In the Matter of Christopher Guy, appellant, v Kay R. Guy, respondent. (Docket Nos. V-01963-02, V-01964-02, V-01965-02)
| SCHEDULING ORDER |
Appeal by Christopher Guy from an order of the Family Court, Kings County, dated August 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M30697
M/nal
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2005-05738 In the Matter of Elizabeth Ingalls, appellant, v Stephen D. Ingalls, respondent. (Docket No. F-14901-03)
| SCHEDULING ORDER |
Appeal by Elizabeth Ingalls from an order of the Family Court, Suffolk County, dated May 13, 2005. By decision and order on motion of this court dated September 20, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. 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 of 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 and paid for, 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
M30706
M/nal
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2005-06312 In the Matter of Sean Roni M. (Anonymous), a/k/a Sean M. (Anonymous). Little Flower Children's Services, petitioner-respondent; Michael Paul M. (Anonymous), a/k/a Michael M. (Anonymous), appellant, et al., respondent. (Docket No. B-17807/01)
| SCHEDULING ORDER |
Appeal by Michael Paul M. from an order of the Family Court, Queens County, dated June 1, 2005. By decision and order on motion of this court dated September 20, 2005, the following attorney was assigned as counsel on the appeal:
Steven P. Forbes, Esq.
90-50 Parsons Blvd.
Suite 401
Jamaica, New York 11432
(718) 791-8444
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 20, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M30739
R/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
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2005-08873 In the Matter of Katherine Martinez, petitioner, v Christopher Lupo, respondent.
(Docket No. V-14756-05)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to this court from an order of the Family Court, Suffolk County, dated September 16, 2005, and to stay enforcement of stated portions of the order 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 branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30763
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BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
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2005-02537 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Jenna Reinhardt, respondent. (Index No. 1167/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until November 4, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30540
M/nal
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2005-08972 In the Matter of Robin S. Pagano, respondent, v Richard L. Phillips, appellant. (Docket No. F-00731/05)
| SCHEDULING ORDER |
Appeal by Richard L. Phillips from an order of the Family Court, Nassau County, dated August 9, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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
M30592
M/nal
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2005-02395 In the Matter of Angela Paige, respondent, v Mitchell Austin, appellant. (Docket No. F-26822/04)
| SCHEDULING ORDER |
Appeal by Mitchell Austin from an order of the Family Court, Kings County, dated January 21, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 22, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M30751
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2004-09797 In the Matter of Lisa Pantina-Bott, petitioner, v Incorporated Village of Freeport, et al., respondents. (Index No. 2611/04)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Nassau County, dated June 9, 2004.
ORDERED that the motion is granted and the respondents' time to serve and file a brief is enlarged until November 17, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30694
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2004-10614 In the Matter of Franklyn Richards, respondent, v Carla Campbell, appellant. (Docket No. V-03953-01)
| SCHEDULING ORDER |
Appeal by Carla Campbell from an order of the Family Court, Kings County, dated October 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 21, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M30575
M/nal
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2005-03895 In the Matter of Cheri Roberts, respondent, v Terry Gray, Sr., appellant. (Docket Nos. V-03914-99, V-03915-99, V-03916-99)
| SCHEDULING ORDER |
Appeal by Terry Gray, Sr. from an order of the Family Court, Richmond County, dated April 21, 2005. By decision and order on motion of this court dated September 27, 2005, the following attorney was assigned as counsel on the appeal:
Catherine S. Bridge, Esq.
1358 Clove Road
Staten Island, New York 10301
(718) 448-9600
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 20 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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 27, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 20 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M30430
M/nal
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2005-08768, 2005-09062 In the Matter of Flor Elena Rospigliosi, appellant, v Luis E. Abbate, respondent. (Docket No. F-06133-02)
| SCHEDULING ORDER |
Appeals by Flor Elena Rospigliosi from two orders of the Family Court, Queens County, dated January 6, 2005, and July 5, 2005, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals 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
M30432
M/nal
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2005-08807 In the Matter of Victoria S. (Anonymous). Administration for Children's Services, petitioner-respondent; Jackie S. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Joseph S. (Anonymous). Administration for Children's Services, petitioner-respondent; Jackie S. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-01249-02, N-01250-02)
| SCHEDULING ORDER |
Appeal by Jackie S. from an order of the Family Court, Richmond County, dated August 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings 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
M30707
M/nal
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2005-06256 In the Matter of Robert Serrano, Jr., appellant, v Tanika Greene, et al., respondents. (Docket No. V-01466-93)
| SCHEDULING ORDER |
Appeal by Robert Serrano, Jr. from an order of the Family Court, Richmond County, dated January 27, 2005. By decision and order on motion of this court dated September 20, 2005, the following attorney was assigned as counsel on the appeal:
Andrew John Calcagno, Esq.
404 Manor Road - 1st Floor
Staten Island, New York 10314
(718) 815-0200
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated September 20, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M30765
T/sl
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2005-03443
In the Matter of 636 Apartment Associates, J.V., appellant, v New York State Division of Housing and Community Renewal, respondent. (Index No. 18376-04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated February 22, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 5, 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
M30717
M/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT J. LUNN, JJ.
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2005-03672 In the Matter of Cathleen Tocarz, a/k/a Cathleen Fenty, respondent-appellant, v Michael Loughlin, appellant-respondent. (Docket No. V-4574-00)
| SCHEDULING ORDER |
ORDERED that the scheduling order dated September 19, 2005, in the above-entitled proceeding is amended to provide that the law guardian's brief which was submitted to the court on October 3, 2005, is accepted for filing as of that date.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30479
M/nal
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2005-08934, 2005-08935, 2005-08936 In the Matter of "Baby Girl" W. (Anonymous), a/k/a Jaclyn W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of "Baby Girl" W. (Anonymous), a/k/a Teyana W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of "Baby Boy" W. (Anonymous), a/k/a Kareem W. (Anonymous). Jewish Child Care Association, petitioner-respondent; Jack W. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. B-15816/03, B-15817/03, B-15815/03)
| SCHEDULING ORDER |
Appeals by Jack W. from three orders of the Family Court, Kings County, all dated August 22, 2005 (one as to each child). Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings 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 of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals 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
M30764
C/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2004-01449 The People, etc., respondent, v William Duff, appellant. (Ind. No. 436-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue a motion for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Suffolk County, rendered January 6, 2004, which was determined by decision and order on motion of this court dated July 14, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and upon reargument, the motion for leave to serve and file a supplemental brief is granted; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before November 25, 2005.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30690
K/sl
GABRIEL M. KRAUSMAN, J.
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2004-03024
The People, etc., plaintiff, v Tony Rosa, defendant. (Ind. No. 10815/94)
| DECISION & ORDER ON MOTION |
Motion by the defendant for reargument of his prior 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, Kings County, dated March 8, 2004, which was determined by decision and order on application dated January 18, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GABRIEL M. KRAUSMAN
Associate Justice