Appellate Division: Second Judicial Department
M16761
C/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-11228 Diane Baumann, et al., appellants, v Peter Lemongello, et al., respondents. (Index No. 14831/90)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered October 22, 2003, on the grounds, inter alia, that the appeal was not timely taken and the appeal has not been timely perfected.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellants' time to perfect the appeal is enlarged until October 25, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16790
CF/
|
2004-06531 Mary Brown, respondent, v Marjorie Bryan, appellant. (Index No. 2377/98)
| 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 June 15, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M16773
S/sl
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2004-03040 Teresa Burgin, plaintiff, v Golub Corporation, d/b/a Price Chopper Supermarkets, respondent- appellant, Mid-Hudson Associates, L.L.C., etc., appellant-respondent. (Index No. 1560/03)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated March 12, 2004, and cross application by the respondent-appellant for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until December 6, 2004, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before January 11, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the appellant-respondent's reply brief shall be served and filed on or before February 16, 2005, and the respondent-appellant's reply brief shall be served and filed on or before March 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16736
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04641 Mary Careccia, respondent, v Metropolitan Suburban Bus Authority, d/b/a MTA Long Island Bus, etc., et al., appellants, et al., defendant. (Index No. 19019/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay an inquest in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered April 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 granted and the inquest in the above-entitled action is stayed pending hearing and determination of the appeal.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16732
E/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04467 Andrew F. Check, respondent, v Adnan Gacevk, appellant.
(Index No. 17345/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 23, 2004, to stay all proceedings in the above-entitled action, including the trial, 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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16799
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-02125
Jon Cooper, plaintiff-respondent, v Island Transportation Corporation, et al., defendants-respondents, Smith Limousine Co., Inc., appellant. (Index No. 29410/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 23, 2004.
Upon the stipulation of the attorneys for the respective parties, dated October 4, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16800
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-07719
Jon Cooper, respondent, v Island Transportation Corporation, et al., appellants. (Index No. 29410/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an amended order of the Supreme Court, Kings County, dated June 8, 2004.
Upon the stipulation of the attorneys for the respective parties, dated October 4, 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16760
C/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
DANIEL F. LUCIANO
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-10015
Connie Cornick, et al., respondents, v Denise Jurow, etc., et al., defendants, North Shore University Hospital at Plainview, appellant. (Index No. 17102/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated October 14, 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.
SANTUCCI, J.P., H. MILLER, LUCIANO, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16756
S/sl
|
2004-03191 April Daluise, etc., et al., respondents, v James Sottile, appellant.
(Index No. 12781/02)
| 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, Richmond County, dated February 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 15, 2004, 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
M16757
S/sl
|
2004-04836
Winifred Duffy, respondent, v Jeanette Duffy, appellant.
(Index No. 13243/03)
| 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, Richmond County, dated April 9, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16789
L/
|
2003-07431
Albena Evans, et al., plaintiffs-appellants, v Louis Ellis, et al., respondents, et al., defendant; Fairbanks Capital Corp., nonparty-appellant. (and a related action) (Index No. 08717/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Fairbanks Capital Corp., to withdraw its appeal from an order of the Supreme Court, Westchester County, dated July 11, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal by Fairbanks Capital Corp., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16797
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-06181, 2003-07486, 2003-11193 First Trust National Association, respondent, v Lorenzo A. DeLuca, appellant, et al., defendants. (Index No. 478/94)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from three orders of the Supreme Court, Suffolk County, dated November 7, 2002, June 3, 2003, and June 13, 2003, respectively.
Upon the stipulation of the attorneys for the respective parties, dated August 18, 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16782
L/
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2002-09765
H.L. & F.H. Realty Corporation, appellant, v Gulf Insurance Company, et al., respondents. (and another action) (Index No. 1599/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Orange County, dated September 18, 2002.
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 deemed withdrawn, without costs or disbursements.
KRAUSMAN, J.P., GOLDSTEIN, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16749
Y/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04684 Mary Howell, respondent, v Bacc Builders, Inc., appellant. (Index No. 49029/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 14, 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; and it is further,
ORDERED that the temporary restraining order contained in the order to show cause dated September 20, 2004, is hereby vacated.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16747
O/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-08198, 2004-08199 Kory Irushalmi, plaintiff-respondent, v Marci Ostroff, et al., defendants; Edward Lemmo, P.C., non-party-appellant; Clement Bettino, non-party respondent. (Index No. 18976/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated August 5, 2004, and August 11, 2004, respectively, to stay enforcement of stated portions of the order dated August 5, 2004, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that so much of the order dated August 5, 2004, as directed the defendant Marci Ostroff or her insurer to pay to the plaintiff sums claimed by the appellant to be disbursements is stayed and the insurer shall retain the sums claimed as disbursements, without prejudice to making an application in the Supreme Court, Queens County, to pay those sums into court, 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 respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16758
E/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-01787 Sharida Ishak, appellant, v Edwin F. Guzman, respondent.
(Index No. 12135/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated January 29, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16830
C/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-06731 James Johnson, Jr., respondents, v Kuraki America Corporation, appellant- respondent; Hopkins Machinery Company, Inc., respondent-appellant. (Index No. 12406/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the jury selection and trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered July 15, 2004, and for a preference in the calendaring of the appeal. Separate motion by the respondent-appellant for the same relief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16781
Y/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2003-10841 Lillian Katz, appellant, v State of New York, respondent. (Claim No. 106346)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated November 3, 2003, 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 the motion is granted on condition that on or before November 9, 2004, the appellant shall remove from all copies of the record on file with this court pages 3 through 11, and pages 128-a, 128-b, and 129; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until December 9, 2004, and the respondent's brief must be served and filed on or before that date.
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16793
CF/
|
2004-04500 Hector Laurenzi, et al., respondents, v Susan M. Arth, appellant. (Index No. 17891/01)
| 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 March 23, 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
M16734
CF/
|
2004-07176 Adeline Moccio, et al., respondents, v A&P Supermarket, appellant. (Index No. 1455/99)
| 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 July 28, 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
M16780
C/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2003-00232 National Union Fire Insurance Company of Pittsburgh, Pa., et al., respondents, v Utica First Insurance Company, appellant, et al., defendants. (Index No. 335/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated October 1, 2002, which was determined by decision and order of this court dated April 26, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16796
CF/
|
2004-03242 New York Hospital Medical Center of Queens, a/a/o Edward Blazek, et al., appellants, v Allstate Insurance Company, respondent. (Index No. 6698/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16802
CF/
|
2004-02495 Nuby Interactive, LLC, respondent, v Bryan Manufacturing Co., Inc., appellant, Eaton Contract Manufacturing, defendant- respondent, et al., defendants. (Index No. 18564/03)
| 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 February 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16791
CF/
|
2004-04808 Dhanmanire Sawh, appellant, v Sarojnie Lachmenar, et al., respondents. (Index No. 16724/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated January 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16798
CF/
|
2004-05264 Tara Tobin, appellant, v Kimberly Emmett, et al., respondents. (Index No. 16599/02)
| 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 May 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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16779
C/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
PETER B. SKELOS, JJ.
|
2003-09729 Antonina Valore, et al., appellants, v Dushaun A. McIntosh, respondent. (Index No. 10911/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Richmond County, dated September 10, 2003, which was determined by decision and order of this court dated June 28, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SMITH, J.P., KRAUSMAN, ADAMS and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16733
CF/
|
2004-06020 Jong D. Won, appellant, v Albert Zuljani, et al., respondents. (Index No. 31765/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 20, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16763
PL/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 |
On the court's own motion, it is
ORDERED that its decision and order dated October 5, 2004, in the above-entitled matter is recalled and vacated, and the following decision and order is substituted therefor:
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 with the Clerk of this court on or before October 29, 2004; 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
M16740
M/nal
|
2004-03331
In the Matter of Kiara B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Andrea M. (Anonymous), appellant, et al., respondent. In the Matter of Justin W. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Andrea M. (Anonymous), appellant, et al., respondent. In the Matter of Michael B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Andrea M. (Anonymous), appellant, et al., respondent. (Docket Nos. B-12816-03, B-12817-03, B-12818-03, B-12824-03, B-12826-03, N-188-02, N-189-02, N-190-02)
| ORDER TO SHOW CAUSE |
Appeal by Andrea M. from an order of the Family Court, Suffolk County, dated April 1, 2004. By decision and order of this court dated August 23, 2004 the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 30, 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 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 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 25, 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
M16731
M/nal
|
2004-05238 In the Matter of Denise Bugdin, appellant, v James A. Bugdin, respondent. (Docket No. F-00979-03)
| SCHEDULING ORDER |
Appeal by Denise Bugdin from an order of the Family Court, Suffolk County, dated May 27, 2004. By decision and order of this court dated October 1, 2004, the motion to dismiss the above-entitled appeal was denied. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]) it is
ORDERED that the scheduling order dated July 2, 2004, is amended to provide that the appellant's time to comply therewith is enlarged until November 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16729
M/nal
|
2004-00548
In the Matter of Theresa Carbone, respondent, v Frank Conti, appellant. (Docket No. F-00426/02)
| ORDER TO SHOW CAUSE |
Appeal by Frank Conti from an order of the Family Court, Richmond County, dated December 18, 2003. By decision and order of this court dated August 6, 2004 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 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 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 25, 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
M16818
C/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-08504 In the Matter of Congregation People of Righteousness, etc. Morris Industrial Builders, LP, appellant; State of New York Office of the Attorney- General, et al., respondents. (Index No. 8272/89)
| DECISION & ORDER ON MOTION |
Motion by Morris Industrial Builders, LP, for leave to appeal to this court from an order of the Supreme Court, Westchester County, entered September 24, 2004, and to stay enforcement 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 is denied; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order pending hearing and determination of the appeal is denied as academic.
H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16741
M/nal
|
2004-04526 In the Matter of Robert L. Farina, respondent, v Jenny McKevitt, appellant. (Docket No. V-02147-01)
| SCHEDULING ORDER |
Appeal by Jenny McKevitt from an order of the Family Court, Nassau County, dated May 13, 2004. By decision and order on motion of this court dated September 30, 2004, the following attorney was assigned as counsel on the appeal:
Charles E. Holster III
100 East Old Country Road - Suite 26
Mineola, New York 11501
(516) 747-2330
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 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 August 17, 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M16794
F/
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-05242 In the Matter of Johvanny Herrera, appellant, v Kelly O'Neill, respondent.
(Docket No. V-2948-00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled matter dated September 15, 2004, is recalled and vacated and the following decision and order is substituted therefore:
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated May 27, 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 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:
Edward Fox, Esq.
41 Landing Meadow Road
Smithtown, New York 11787
(631) 724-7980
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
RITTER, J.P., KRAUSMAN, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16766
M/nal
|
2004-04304
In the Matter of Angela J. Kraft, respondent, v Wayne D. Kraft, appellant. (Docket No. O-15057-03)
| ORDER TO SHOW CAUSE |
Appeal by Wayne D. Kraft from an order of the Family Court, Suffolk County, dated March 24, 2004. By decision and order of this court dated August 23, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 27, 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 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 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 25, 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
M16704
M/nal
|
2004-00628 In the Matter of Robert David L. (Anonymous), Jr. Suffolk County Department of Social Services, respondent; Patricia W. (Anonymous), appellant. (Docket No. B-9597/02)
| SCHEDULING ORDER |
Appeal by Patricia W. from an order of the Family Court, Suffolk County, dated December 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 23, 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 45 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
M16776
Y/sl
SONDRA MILLER, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2003-08074 In the Matter of Christian T. L. (Anonymous). (Docket No. D-1461/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Family Court, Suffolk County, entered August 14, 2003, which was determined by decision and order of this court dated June 28, 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., SCHMIDT, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16759
M/nal
|
2003-11446 In the Matter of Mark Anthony McC. (Anonymous). Administration for Children's Services, petitioner- respondent; Forestdale, Inc., petitioner-appellant; Melissa Jean-Marie McC. (Anonymous), respondent- respondent; Monica Drinane, etc., nonparty-appellant. (Docket No. B-5639/00 )
| SCHEDULING ORDER |
Separate appeals by Forestdale, Inc., and the law guardian from an order of the Family Court, Queens County, dated December 2, 2003. The law guardian's brief was served and filed on May 10, 2004. The brief of the appellant Forestdale, Inc., was served and filed on June 10, 2004. By decision and order on motion dated October 6, 2004, the following attorney was assigned to represent the respondent Melissa Jean-Marie McC. on the appeal:
Kenneth M. Tuccillo, Esq.
251 East 61st Street
New York, New York 10021
(212) 517-5000
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 Melissa Jean-Marie McC. to serve and file a brief on the appeal is enlarged until November 8, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M16270
F/
ANITA R. FLORIO, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
WILLIAM F. MASTRO, JJ.
|
2004-02369 In the Matter of Regina P. (Anonymous). Rockland County Department of Social Services, respondent; Kathy P. (Anonymous), appellant.
(Docket No. N-380-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled matter dated August 24, 2004, is recalled and vacated and the following decision and order on motion is substituted therefore:
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated January 20, 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 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:
Barbara Leifer-Woods, Esq.
254 S. Main Street - 5th Floor
New City, New York 10956
(845) 638-1189
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., S. MILLER, LUCIANO and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16753
M/nal
|
2004-01530, 2004-04455 In the Matter of Josephine Palm, appellant, v George Palm, respondent. (Docket Nos. V-4643-03, V-4644-03)
| SCHEDULING ORDER |
Appeals by Josephine Palm from two orders of the Family Court, Orange County, dated January 8, 2004 and January 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 13, 2004. The respondent's brief was served and filed on September 8, 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 appeals is enlarged until October 29, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16702
M/nal
|
2003-06350
In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 1) (Docket Nos. N-2457-99, N-2458-99) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gordana K. (Anonymous), appellant; Steven R. (Anonymous), respondent. (Proceeding No. 2) (Docket Nos. N-2461-99, N-2462-99)
| SCHEDULING ORDER |
Appeal by Gordana K. from an order of the Family Court, Suffolk County, dated June 10, 2003. 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 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M16735
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-06313 In the Matter of Tara M. Rawlins, appellant, v Wayne S. Barth, respondent. (Docket Nos. V-5454-01, V-5456-01)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated June 2, 2004, and for leave to the appellant 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 or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
(212) 876-8335
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
S. MILLER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16730
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-06313
In the Matter of Tara M. Rawlins, appellant, v Wayne S. Barth, respondent. (Docket Nos. V-5454-01, V-5456-01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on an appeal from an order of the Family Court, Orange County, dated June 2, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Cheryl E. Maxim, Children's Rights Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Jeffrey Bluth, Esq.
415 Albermarle Road
Brooklyn, New York 11218
(718) 435-5357
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16745
F/
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05066
In the Matter of Anthony Rinaldi, appellant, v Melissa Rinaldi, respondent. (Docket No. V-1219-03, V-1221-03, V-1289-03, V-1290-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Rockland County, dated May 14, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the 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 m intues 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:
K. D. Rothman, Esq.
55 Old Turnpike Road
Nanuet, New York 10954
(845) 627-3200
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
S. MILLER, J.P., LUCIANO, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16754
M/nal
|
2003-10154, 2003-10157, 2003-10158
In the Matter of Heather S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Nicole S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Alyssa S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-2989/02, N-2990/02, N-2991/02)
| SCHEDULING ORDER |
Appeals by Thomas U. and Lori S. from an order of the Family Court, Dutchess County, dated July 23, 2003, and two orders of the same court both dated October 3, 2003. 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 to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the respective appellants' briefs on the appeals is enlarged until November 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16752
M/nal
|
2003-09323 In the Matter of Dyshea T. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-14652/00 ) In the Matter of Rashawn P. (Anonymous). Administration for Children's Services, respondent; Marisol R. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-07195/01 )
| SCHEDULING ORDER |
Appeal by Marisol R. from an order of the Family Court, Kings County, dated August 20, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 16, 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M16762
M/nal
|
2004-04644
In the Matter of Hyacinth T. (Anonymous). Administration for Children's Services, respondent; Hyacinth T. (Anonymous), appellant. (Docket No. N-10623-03)
| ORDER TO SHOW CAUSE |
Appeal by the mother, Hyacinth T. from an order of the Family Court, Queens County, dated April 6, 2004. By decision and order of this court dated August 6, 2004 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 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 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 25, 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 DepartmentM16812
S/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
THOMAS A. ADAMS
ROBERT A. SPOLZINO, JJ.
|
2004-07604, 2004-07607 In the Matter of Derek Tolbert, appellant, v Tamara Scott, respondent. (Proceeding No. 1) (Docket No. V-20709/03) In the Matter of Sandra Scott, petitioner- respondent, v Tamara Scott, respondent, Derek Tolbert, appellant. (Proceeding No. 2) (Docket No. V-21911/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 20, 2004, in the above-entitled matter is amended by deleting the fourth decretal paragraph thereof and substituting therefor the following decretal paragraph:
"ORDERED that the petitioner-respondent and the Law Guardian shall serve and file their respective briefs on or before November 3, 2004; and it is further,"
PRUDENTI, P.J., KRAUSMAN, ADAMS and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16703
M/nal
|
2004-01892, 2004-01893 In the Matter of Jonathan W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. In the Matter of Joshua W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. In the Matter of Leneya W. (Anonymous). Administration for Children's Services, respondent; Valerie W. (Anonymous), et al., appellants. (Docket Nos. N-15358-00, N-15359-00, N-15360-00)
| SCHEDULING ORDER |
Appeals by Valerie W. from two orders of the Family Court, Queens County, dated October 10, 2003, and February 24, 2004. The brief of the appellant Valerie W. was served and filed on October 4, 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 appellant Thomas W. to serve and file his brief on the appeal is enlarged until October 22, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16778
C/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
SONDRA MILLER
STEPHEN G. CRANE, JJ.
|
2003-03509 The People, etc., respondent, v Corey Bussey, appellant. (Ind. No. 1047/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, rendered April 11, 2003, which was determined by decision and order of this court dated April 19, 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.
ALTMAN, J.P., SMITH, S. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16748
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
DAVID S. RITTER, JJ.
|
2001-08576 The People, etc., respondent, v William Elting III, appellant.
(Ind. No. 23/01)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the County Court, Dutchess County, rendered September 20, 2001. By decision and order dated December 1, 2003, the matter was remitted to the County Court, Dutchess County, to hear and report on the defendant's motion to withdraw his plea of guilty and the appeal was held in abeyance in the interim. The Supreme Court, Dutchess County, has filed its report.
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated October 22, 2002, which granted the appellant's motion for poor person relief and the assignment of counsel is amended by adding thereto a provision directing the stenographer of the trial court to promptly make, certify, and file two transcripts of the hearing conducted pursuant to the decision and order of this court dated December 1, 2003, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves his supplemental brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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.
FLORIO, J.P., KRAUSMAN, LUCIANO and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16783
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2004-02181
The People, etc., respondent, v Damion Howell, appellant.
(Ind. No. 50/00)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 24, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the defendant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated November 13, 2003, which denied his motion to vacate a judgment of conviction against him, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006;
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.
RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address
01 A 2084
Coxsackie Corr. Fac.
Box 999
Coxsackie, New York 12051
Appellate Division: Second Judicial Department
M16738
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2004-00090 The People, etc., respondent, v Robert Torres, appellant. (Ind. No. 03-00154)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 16, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 14, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hemstead Road
New City, New York 10956-3664
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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Ann C. Sullivan, Esq.
16 N. Main Street - Suite 200
New City, New York 10956
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 6731
Clinton Corr. Fac.
P.O. Box 2001
Dannemora, New York 12929
Appellate Division: Second Judicial Department
M16743
F/
ANITA R. FLORIO, J.P.
NANCY E. SMITH
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2001-11048 The People, etc., respondent, DECISION & ORDER v Marlon Washington, appellant. Motion Pro se to R (Ind. No. 01-00157)
| ON MOTION elieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 17, 2001, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 3, 2002, November 22, 2002, and May 4, 2004, respectively, and the following named attorney was assigned to prosecute the appeal:
Arlene Lewis, Esq.
P.O. Box 219
Blauvett, New York 10913
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Ann C. Sullivan, Esq.
16 N. Main Street - Suite 200
New City, New York 10956
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1 et seq.) and written directions.
FLORIO, J.P., SMITH, H. MILLER, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16599
F/
STEPHEN G. CRANE, J.
|
2004-06578
The People, etc., plaintiff, v Enrique Zayas, defendant. (Ind. No. 1982/00)
| 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 March 2, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
STEPHEN G. CRANE
Associate Justice