Appellate Division: Second Judicial Department
M31044
E/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-08009
Mohammed Aijaz, appellant-respondent, v Hillside Place, LLC, respondent-appellant.
(Index No. 101099/03)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the plaintiff for leave to appeal and separate motion by defendant, in effect, for leave to cross appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 29, 2005, which modified an order of the Civil Court of the City of New York, Queens County, entered March 31, 2004.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motions are granted.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31081
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2005-03082 Joan Andre, etc., et al., appellants, v Bonetto Realty Corp., et al., respondents. (Index No. 32703/95)
| 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 February 8, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 21, 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
M30983
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ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2002-09028 Hugh C. Aris, appellant, v Department of Social Services, respondent. (Index No. 31576/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to recall and vacate a decision and order on motion of this court, dated February 25, 2004, which dismissed an appeal from an order of the Supreme Court, Nassau County, entered July 10, 2002, pursuant to 22 NYCRR 670.8(h) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation 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
M31057
CF/
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2005-06167 Rosa Bautista, appellant, v 830 Eighth Avenue, LLC, et al., respondents. (Index No. 12582/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 1, 2005.
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
M31078
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2005-03563 Irakly Biejanov, etc., et al., respondents- appellants, v Jeno David Guttman, et al., appellants-respondents, et al., defendant. (Index No. 34775/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 10, 2005.
ORDERED that the application is granted and the appellants-respondents' time to perfect the appeal is enlarged until November 30, 2005, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellants-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
M30986
M/nal
HOWARD MILLER , J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
JOSEPH COVELLO , JJ.
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2005-03550 Carol Carpenter-Siracusa, respondent, v Jack Siracusa, appellant. (Index No. 4284-98)
| SCHEDULING ORDER |
Appeal by Jack Siracusa from an order of the Supreme Court, Suffolk County, dated February 24, 2005. The appellant's brief was served and filed on August 3, 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 time to serve and file a brief on the appeal is enlarged until November 7, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31049
R/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
|
2003-06648 Janet Chang, appellant, v First American Title Insurance Co. of New York, et al., respondents.
(Index No. 4927/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 18, 2005, which determined an appeal from an order of the Supreme Court, Queens County, dated May 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.
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31070
CF/
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2005-06867 Marius Charlet, appellant, v Robert Porpora, respondent. (Index No. 8458/03)
| 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 June 7, 2005.
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
M31053
CF/
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2005-03752 Lisandra Escobar, respondent, v Wal-Mart Stores, Inc., appellant. (Index No. 952/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Putnam County, dated February 3, 2005.
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
M31056
CF/
|
2005-05157 Farley & Kessler, P.C., respondent, v Francine Merenda, etc., appellant. (Index No. 2180/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, entered April 8, 2005.
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
M30342
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2005-03636
Cedric Fleming, et al., plaintiffs, v Thomas Graham, et al., defendants third-party plaintiffs- respondents; Pinstripes Garment Services, LLC, third-party defendant appellant. (Index No. 45928/03)
| 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 May 12, 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 on the court's own motion the notice of appeal from an order of the same court dated March 10, 2005, is deemed to be a premature notice of appeal from the order dated May 12, 2005 (see CPLR 5520[c]); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 15, 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
M31064
R/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2003-11122 Rubiela Garcia, et al., plaintiffs-respondents, v Cape Hampton, LLC, defendant-respondent; Emptage & Associates, Inc., proposed intervenor-appellant. (Action No. 1) (Index No. 13893/02) 2003-11124 Emptage & Associates, Inc., appellant, v Cape Hampton, LLC, et al., respondents. (Action No. 2) (Index No. 13943/03)
| DECISION & ORDER ON MOTION |
Motions by the appellant in both actions for leave to reargue appeals from two orders of the Supreme Court, Suffolk County, both dated October 28, 2003, which were determined by two decisions and orders of this court both dated June 20, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decisions and orders of this court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied, with two bills of $100 costs.
SCHMIDT, J.P., CRANE, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31055
CF/
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2005-06585 Lauren M. Gold, respondent, v Splish Splash at Adventureland, Inc., appellant. (Index No. 15112/03)
| 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 June 2, 2005.
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
M31068
CF/
|
2005-05290 Elie Arash Golian, et al., respondents, v Habibollah Soumekh, et al., appellants. (Index No. 6165/03)
| 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 April 26, 2005.
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
M31058
CF/
|
2005-05053 Jose Gomez, et al., appellants, v Excel Sports Boulders, Inc., et al., respondents. (Index No. 8353/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 13, 2005.
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
M31054
O/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-07323 Aryeh Gutman, et al., respondents, v Zalman Klein, et al., appellants. (Index No. 39834/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Kings County, dated March 3, 2005, inter alia, to strike stated portions of the record and the appellants' brief on the ground that they contain or refer to matter dehors the record, and to supplement the record to include material omitted therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the record is granted, page 119 of the record is stricken, and on or before October 28, 2005, the appellants shall remove page 119 of the record on file with the Office of the Clerk of this court; and it is further,
ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief is granted, Point III of the appellants' brief, beginning on page 10 of the brief and continuing to page 11 of the brief, is stricken, and on or before October 28, 2005, the appellants shall remove Point III from all copies of the brief on file with the Office of the Clerk of this court; and it is further,
ORDERED that the motion is otherwise denied.
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31052
R/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05366, 2005-01106
Robert M. Helmke, appellant, v James B. Shannon, respondent. (Index No. 4006/02)
| DECISION & ORDER ON MOTION |
Appeals by the plaintiff from an order of the Supreme Court, Rockland County, entered May 21, 2004 (Appellate Division Docket No. 2004-05366) and an order of the same court dated December 9, 2004 (Appellate Division Docket No. 2005-01106). By order to show cause dated September 8, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal pending under Appellate Division Docket No. 2004-05366 on the ground that the appellant did not file a supplemental record in accordance with the decision and order on motion of this court dated July 8, 2005, as amended by decision and order on motion of this court dated August 11, 2005. Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of the appeals, to consolidate the appeals, and for a preference in the calendaring of the appeals, and cross motion by the respondent, inter alia, to enlarge the time to serve and file a brief.
On the court's own motion, upon the papers filed in response to the order to show cause, and upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal pending under Appellate Division Docket No. 2004-05366 is denied, and on or before October 21, 2005, the appellant shall serve and file the supplemental record in accordance with the decision and order on motion of this court dated July 8, 2005, as amended by decision and order on motion of this court dated August 11, 2005; and it is further,
ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day; and it is further,
ORDERED that the motion by the appellant is denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a respondent's brief is granted, and the respondent's time to serve and file a brief is enlarged until November 14, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion is otherwise denied.
CRANE, J.P., LUCIANO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31080
T/sl
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2005-01560
Nancy Kammerer, appellant, v Robert J. Kammerer, respondent. (Index No. 25439/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered January 13, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 14, 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
M30984
R/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-01872
Antonio Lopez, plaintiff-respondent, v Gem Gravure Co., et al., defendants, Tadir Air, Inc., n/k/a Tadir Air Conditioning, Inc., defendant third-party plaintiff-appellant; Superflex Management, LLC, defendant second third-party defendant-respondent, et al., third-party defendants and second third-party defendants. 2005-03394, 2005-06174 Antonio Lopez, plaintiff-respondent, v Gem Gravure Co., et al., defendants third-party plaintiffs second third-party plaintiffs-respondents; Superflex Management, LLC, defendant second third-party defendant-appellant, et al., third-party defendants and second third-party defendants.
(Index No. 708814/03)
| DECISION & ORDER ON MOTION |
Motion by Melissa A. Murphy-Petros, an attorney in good standing in the State of Illinois, to be admitted pro hac vice to represent the respondent Superflex Management, LLC, on an appeal from an order of the Supreme Court, Kings County, dated December 3, 2004, and to represent Superflex Management, LLC, as appellant on appeals from two orders of the same court dated February 18, 2005, and April 29, 2005, respectively.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31042
R/sl
GLORIA GOLDSTEIN, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-01751 Maria Jill Mandresh, respondent, v Douglas Mandresh, appellant.
(Index No. 17380/04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 1, 2005, on the ground, among others, that the record is incomplete, or in the alternative, to enlarge the time to serve and file her brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that on or before October 28, 2005, the appellant shall serve and file a supplemental record containing the respondent's amended net worth statement attached as Exhibit C to the motion papers and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondent's brief is granted and the respondent's time to serve and file a brief is enlarged until November 18, 2005, and the respondent's brief must be served and filed on or before that date.
GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31079
T/sl
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2005-04647
Martin Mason, appellant, v Ben Roy Das, Inc., et al., respondents. (Index No. 21452/02)
| 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, Kings County, dated March 31, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 12, 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
M31082
C/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-02631, 2005-02632
Susan Noto, respondent, v John Noto, appellant. (Index No. 5232/98)
| DECISION & ORDER ON MOTION |
Appeal by John Noto from two qualified domestic relations orders of the Supreme Court, Kings County, both dated January 19, 2005. By order to show cause dated September 14, 2005, the parties or their attorneys were directed to show cause before this court why the appeals should or should not be dismissed on the ground that the qualified domestic relations orders are not appealable as of right and leave to appeal has not been granted. Application by the appellant for leave to withdraw the appeals.
Upon the papers filed in support of the order to show cause and the application, and the papers filed in relation thereto, it is
ORDERED that the application is granted, and the appeals are deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the order to show cause is denied as academic.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31072
CF/
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2005-03780 Robert Novak, et al., respondents-appellants, v Howard M. Hertz, appellant-respondent. (Index No. 11848/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 22, 2005.
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
M31071
CF/
|
2005-08146 Steven Nowaski, et al., respondents, v City of New York, et al., appellants. (Index No. 21150/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 12, 2005.
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
M31024
C/sl
GLORIA GOLDSTEIN, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-08967 Antonio Piscitelli, appellant, v Susanne Piscitelli, respondent. (Index No. 203249/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the enforcement of stated portions of an order of the Supreme Court, Nassau County, dated August 26, 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.
GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31059
CF/
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2005-06314 Joseph Rhonda, et al., respondents, v Calvary Cemetery, appellant. (Index No. 6013/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 25, 2005.
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
M30982
R/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-08653 David Zevin, plaintiff, v Aetna U.S. Healthcare, Inc., et al., defendants. (Index No. 1013/04)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated May 19, 2005, which affirmed a judgment of the First District Court, Nassau County, entered November 12, 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.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31014
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
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2005-01769 In the Matter of Dederia Simone C. (Anonymous). Administration for Children's Services, respondent; Erica J. (Anonymous), appellant. (Docket No. B-27933/03)
| SCHEDULING ORDER |
Appeal by Erica J. from an order of the Family Court, Kings County, dated December 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on August 24, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until October 27, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31040
R/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-08733 In the Matter of Gerald E. D'Onofrio, etc., respondent, v Village of Port Chester, appellant, et al., defendants.
(Index No. 5620/00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered July 18, 2005, on the ground that the appeal was not timely taken.
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, witouout costs or disbursements, as the order appealed from is not appealable (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31073
C/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2005-07824 In the Matter of James E. Davis, deceased. Kenyan G. Penceal, appellant; Thelma Davis, respondent. (File No. 3134/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the sale or liquidation of certain real property located at 1 Hausch Boulevard, Roosevelt, New York, pending hearing and determination of an appeal from an order of the Surrogate's Court, Kings County, dated August 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.
SANTUCCI, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31036
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-06110
In the Matter of Valerie Dorset, appellant, v Stanley Dorset, respondent. (Docket Nos. F-06998-03, F-09569-03, F-08280-03)
| DECISION & ORDER ON MOTION |
Appeal by Valerie Dorset from an order of the Family Court, Westchester County, dated June 9, 2005. By order to show cause dated September 9, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 14, 2005.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31069
CF/
|
2005-03570 In the Matter of Dream Designs & Drafting, Inc., respondent, v Four Decades Contracting, Inc., appellant. (Index No. 12523/04)
| 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 April 7, 2005.
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
M31034
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-05998
In the Matter of Ellen L. Ellwanger, respondent, v Theodore E. Ellwanger, appellant. (Docket No. O-07197-05)
| DECISION & ORDER ON MOTION |
Appeal by Theodore E. Ellwanger from an order of the Family Court, Suffolk County, dated May 18, 2005. By order to show cause dated September 9, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 1, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 14, 2005.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31047
R/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-04734 In the Matter of Jonathan Hurley, petitioner, v Brian Fischer, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime pursuant to CPLR 1101, for leave to reargue a motion for permission to prosecute the above-entitled proceeding as a poor person which was determined by decision and order on motion of this court dated July 15, 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.
KRAUSMAN, J.P., LUCIANO, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31050
CF/
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2005-06286 In the Matter of Diana Johnson, petitioner- respondent, v Hope Giovinazzi, respondent, Steve Heinrich, appellant. (Docket No. V-18805/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated May 18, 2005.
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
M31011
M/nal
|
2005-01188 In the Matter of Mary Mima, respondent, v Wilson Giggetts, appellant. (Docket No. F-02438-04)
| SCHEDULING ORDER |
Appeal by Wilson Giggetts from an order of the Family Court, Dutchess County, dated December 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 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 31, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31066
M/nal
|
2005-04654 In the Matter of Nathalie N. (Anonymous), respondent, v Jerome W. (Anonymous), appellant. (Docket Nos. P-33117-04, P-33118-04)
| SCHEDULING ORDER |
Appeal by Jerome W. from an order of the Family Court, Kings County, dated March 30, 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 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 November 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31009
M/nal
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2004-08077 In the Matter of Jordan P. (Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Xavier P. (Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-14432-02, N-14433-02)
| SCHEDULING ORDER |
Appeal by Donna C. from an order of the Family Court, Queens County, dated March 26, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 9, 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 time of the respondent and the law guardian to serve and file their briefs on the appeal is enlarged until November 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31048
CF/
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2005-08892 In the Matter of Tabatha C. R. (Anonymous), appellant, v Louis C. (Anonymous), respondent. (Docket No. P-1066-05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Richmond County, dated September 12, 2005.
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
M31043
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
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2004-04630 In the Matter of Felice Ricci, deceased. Frank Ricci, etc., appellant; Rosa Sibilio, respondent. (File No. 324266)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a decree of the Surrogate's Court, Nassau County, dated April 12, 2004, which was determined by decision and order of this court dated May 16, 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 payable by the appellant personally.
H. MILLER, J.P., CRANE, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31006
M/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
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2005-00734 In the Matter of Xavier Romeu, appellant, v Margarita Garcia, respondent. (Docket No. F-00624-00)
| SCHEDULING ORDER |
Appeal by Xavier Romeu from an order of the Family Court, Westchester County, dated December 10, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until October 31, 2005; 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
M31007
M/nal
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
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2005-01849 In the Matter of Sabina Jessica S. (Anonymous). Suffolk County Department of Social Services, appellant; Pasquale S. (Anonymous), respondent. (Docket No. B-6501-04)
| SCHEDULING ORDER |
Appeal by the Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated February 17, 2005. The appellant's brief was filed in the office of the Clerk of this court on June 10, 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 time to serve and file a brief on the appeal is enlarged until October 31, 2005; 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
M31035
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
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2005-05739
In the Matter of Barbara Stirt, appellant, v Glenn Reed, respondent. (Docket No. F-00897-03)
| DECISION & ORDER ON MOTION |
Appeal by Barbara Stirt from an order of the Family Court, Nassau County, dated March 22, 2005. By order to show cause dated September 9, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated June 29, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 14, 2005.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30908
C/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
GABRIEL M. KRAUSMAN
JOSEPH COVELLO, JJ.
|
2005-08994, 2005-08995 In the Matter of Jaileen T. (Anonymous). Legal Aid Society of Suffolk County, appellant; Gloria T. (Anonymous), respondent. (Docket No. N-12506-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal from two orders of the Family Court, Suffolk County, dated August 4, 2005, and September 14, 2005, respectively, and, in effect, to stay enforcement of the order dated September 14, 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 the branch of the motion which is for leave to appeal is denied as unnecessary; and it is further,
ORDERED that on the court's own motion, the appeal from the order dated August 4, 2005, is dismissed, without cost or disbursements, on the ground that the appellant is not aggrieved by that order (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is, in effect, to stay enforcement of the order dated September 14, 2005, is granted on condition that the appeal from that order is perfected on or before November 16, 2005; and it is further,
ORDERED that if the appeal is not perfected on or before November 16, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SCHMIDT, J.P., SANTUCCI, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31046
O/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
|
2005-08757, 2005-08874 In the Matter of Village of Chestnut Ridge, et al., petitioners, v Town of Ramapo, et al., respondents. (Index No. 16876/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioners, inter alia, for leave to appeal to this court from a decision of the Supreme Court, Westchester County, entered June 16, 2005, and stated portions of an order and judgment (one paper) of the same court dated August 2, 2005, and application by the respondents to modify a preliminary injunction.
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 taken as of right from the decision is dismissed, without cost 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 branch of the motion which is for leave to appeal from stated portions of the order and judgment is granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is dismissed without prejudice to making a formal motion (see CPLR 8022[b]).
H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31067
M/nal
|
2005-00186 In the Matter of Jill Winokur, respondent, v Douglas Z. Winokur, appellant. (Docket No. F-00231-02)
| SCHEDULING ORDER |
Appeal by Douglas Z. Winokur from an order of the Family Court, Westchester County, entered November 24, 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 to serve and file a reply brief on the appeal is enlarged until October 24, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M30989
R/sl
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-06545 The People, etc., respondent, v Stanley Dixon, appellant.
(Ind. No. 02-01353)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the appellant, inter alia, for the assignment of counsel and to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered June 16, 2005. Cross motion by the respondent to dismiss the appeal on the ground that the order is not appealable (see CPL 460).
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeal is dismissed, without prejudice to the appellant taking an appeal from any amended judgment which has been entered; and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31051
CF/
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2004-10499 The People, etc., respondent, v Samuel Gardner, appellant. (Index No. 6805/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Kings County, rendered March 3, 2004.
Upon the stipulation of the parties, dated September 26, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31061
CF/
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2003-09931 The People, etc., respondent, v Anthony Stanzoni, appellant. (Ind. No. 4169/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered October 10, 2003.
Upon the stipulation of the parties, dated September 22, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31077
C/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2000-03919 The People, etc., respondent, v Richard Timmons, appellant. (Ind. No. 2220/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered April 4, 2000, and to be provided with certain documents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; 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 the court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until December 20, 2005; and it is further,
ORDERED that the branch of the motion which is to be provided with certain documents is denied.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court