Appellate Division: Second Judicial Department

M30634

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SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-06493 Ellen-Ella Saulon Castillo, appellant, v Visiting Nurse Service of New York, et al., respondents. (Index No. 26408/04)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent Visiting Nurse Service of New York to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 4, 2005, insofar as asserted against it, on the ground that it was not timely taken.

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 the appeal is dismissed, without costs or disbursements, insofar as asserted against the respondent Visiting Nurse Service of New York (see CPLR 5513[a]).

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30641

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SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-06493 Ellen-Ella Saulon Castillo, appellant, v Visiting Nurse Service of New York, et al., respondents. (Index No. 26408/04)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondents State of New York and State Board for Higher Learning to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 4, 2005, insofar as asserted against them, on the ground that it was not timely taken.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied (see Maddox v City of New York, 104 AD2d 430).

S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30866

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ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-02540 Korhan Citlak, etc., et al., appellants, v Nassau Health Care Corporation, respondent. (Index No. 13556/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated February 8, 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.

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30844

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A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-08198, 2005-08559 James Colinders, respondent, v Christina Casa Soberano-Colinders, appellant. (Index No. 10654/01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, dated June 14, 2005, and September 1, 2005, respectively, inter alia, to stay enforcement of the order dated September 1, 2005, 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 on the court's own motion, the appeals are dismissed, without costs or disbursements, as no appeal lies from orders entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is denied as academic.

PRUDENTI, P.J., H. MILLER, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30828

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2005-02231 Steven Connolly, appellant, v Vertical Lend, Inc., respondent. (Index No. 629/02)

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, Suffolk County, dated February 1, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent shall serve and file its brief in accordance with the rules of this court (see 22 NYCRR 670.8[b]).

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30850

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2005-03611 Geraldine Hanna, respondent, v City of New York, defendant, New York City Housing Authority, appellant. (Index No. 4936/97)

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 February 18, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 7, 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

M30864

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ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08764 Vivienne Hasner, et al., respondents, v Catherine M. Budnick, et al., defendants, Keven R. Ross, et al., appellants. (Index No. 11237/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated July 21, 2005.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion is denied.

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30851

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2005-04339 Stephanie Lopez, respondent, v Simon Ajose, appellant. (Index No. 4863/01)

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 March 29, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 28, 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

M30829

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2005-03458 Parvin Rahman, respondent-appellant, v Azhar Hossain, appellant-respondent. (Index No. 00435/03)

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 a judgment of the Supreme Court, Queens County, dated February 18, 2005.

ORDERED that the application is granted; and it is further,

ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 29, 2005, and the joint record on 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 respondent-appellant shall serve and file the answering brief, including the 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

M30660

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HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-05889 Stanley Rieder, appellant, v Maly Realty Development Corp., et al., respondents. (Index No. 8423/04)

DECISION & ORDER ON MOTION Motion To Dismiss Appeal

Motion by the respondent Warwick Commons, LLC, inter alia, to dismiss an appeal from an order of the Supreme Court, Orange County, dated May 4, 2005, on the ground that the order appealed from is a nonfinal order.

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., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30860

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ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2004-10675 Galina Ross, respondent, v Eric Ross, appellant. (Index No. 6989/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, entered November 8, 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 appellant's time to perfect the appeal is enlarged until November 1, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30674

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HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2003-07789 Wanji Webb, etc., et al., appellants, v State of New York, respondent. (Claim No. 106819)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 16, 2005, which determined an appeal from an order of the Court of Claims, dated July 21, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

H. MILLER, J.P., CRANE, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30865

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ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-09104, 2005-09105, 2005-09106 In the Matter of Michelle Arrigo, respondent, v John J. Butler, Jr., appellant. (Index Nos. O-00219-05, V-1263-02, V-2447-01)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Family Court, Orange County, dated September 20, 2005, an order of protection of the same court also dated September 20, 2005, and a decision of the same court also dated September 20, 2005, to stay enforcement of the order, the order of protection, and the oral determination 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 on the court's own motion, the appeal from the order of protection (Appellate Division Docket No. 2005-09104) is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see Lumberman's Mut. Cas. Co. v Fireman's Fund American Insurance Co., 117 AD2d 588); and it is further,

ORDERED that on the court's own motion, the appeal from the decision (Appellate Division Docket No. 2005-09106) is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509; and it is further,

ORDERED that the motion is denied.

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30848

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ROBERT W. SCHMIDT, J.P.

THOMAS A. ADAMS

DANIEL F. LUCIANO

ROBERT A. LIFSON, JJ.

2003-06703 In the Matter of Food Parade, Inc., d/b/a Greenfield Shoprite, respondent, v Office of Consumer Affairs of County of Nassau, et al., appellants. (Index No. 18795/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered June 24, 2003, which was determined by decision and order of this court dated June 20, 2005, 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.

SCHMIDT, J.P., ADAMS, LUCIANO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30834

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2005-04506 In the Matter of Lucy Grillo, deceased. Judith Reidel, appellant; Jeanette Jones, respondent-respondent. (File No. 809/00)

ORDER ON APPLICATION Application to Withdraw Appeal

ORDERED that the order on application of this court dated September 20, 2005, in the above-entitled matter is recalled and vacated and the following order on application is substituted therefor:

Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Westchester County, dated March 3, 2005.

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 is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30842

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HOWARD MILLER, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2005-08517 In the Matter of Matthew Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Matania Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Mina Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Moshe Y. (Anonymous). Ohel Children's Home and Family Services, respondent; Ebrahim Y. (Anonymous), appellant. (Proceeding No. 4) (Docket Nos. B-20683/03, B-20684/03, B-20685/03, B-20686/03)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court

Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Family Court, Queens County, dated August 29, 2005, as a poor person, for the assignment of counsel, to stay enforcement of the order, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel 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:

Dawn M. Shammas, Esq.

89-31 161st Street- Suite 605

Jamaica, New York 11432

(917) 609-2975

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see CPLR 5521[b]); and it is further,

ORDERED that the motion is otherwise denied; 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.

H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30849

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2005-06300 In the Matter of Hilda Yellen, deceased. Rosalie Baker, respondent; Julius Yellen, appellant. (File No. 972/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Kings County, dated March 25, 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

M30726

F/

ANITA R. FLORIO, J.

2005-07488 The People, etc., plaintiff, v Juan Ayala, defendant. (Ind. No. 1445/99)

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 County Court, Nassau County, dated July 25, 2005, 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.

ANITA R. FLORIO

Associate Justice

Appellate Division: Second Judicial Department

M30805

F/

BARRY A. COZIER, J.P.

FRED T. SANTUCCI

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-05516 The People, etc., respondent, v Eduardo Carrasco, appellant. (Ind. No. 5756/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Kings County, rendered July 7, 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 appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Kings County, rendered July 7, 2004.

COZIER, J.P., SANTUCCI, SPOLZINO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30854

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ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2002-04277 The People, etc., respondent, v Douglas D. Martin, appellant. (Ind. No. 1594/00)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered May 1, 2002.

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 respondent's time to serve and file a brief is enlarged until October 12, 2005, and the respondent's brief must be served and filed on or before that date.

FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division: Second Judicial Department

M30645

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BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2003-10643 The People, etc., respondent, v David Redmond, appellant. (Ind. No. 03-00262)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to hold in abeyance an appeal from a judgment of the County Court, Orange County, rendered November 25, 2003, pending hearing and determination by the County Court, Orange County, of a motion to vacate the judgment pursuant to CPL article 440.

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., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellate Division : Second Judicial Department

M30623

F/

FRED T. SANTUCCI, J.

2005-07087 The People, etc., plaintiff, v Frank Smaldone, defendant. (Ind. No. 7708/91)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 15, 2005, 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.

FRED T. SANTUCCI

Associate Justice

Appellate Division : Second Judicial Department

M30621

F/

WILLIAM F. MASTRO, J.

2005-08266 The People, etc., plaintiff, v Armando Torres, defendant. (Ind. No. 12468/93)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 29, 2005, 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.

WILLIAM F. MASTRO

Associate Justice

Appellate Division: Second Judicial Department

M30832

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THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-01152 The People, etc., respondent, v Anthony Turner, appellant. (Ind. No. 10406/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered January 27, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court