APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3411
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-10260 Bankers Trust, as Trustee for Walsh Securities, respondent, v Frank Thompson, a/k/a Frank L. Thompson, appellant. (Index No. 26555/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file an addendum to the appendix on an appeal from an order of the Supreme Court, Queens County, dated September 19, 2002. Cross motion by the respondent for, among other relief, leave to serve and file a supplemental appendix, to strike stated portions of the appellant's appendix on the ground that it contains material dehors the record, and to enlarge the time to serve and file a brief.
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 is granted to the extent that, on or before October 27, 2003, the appellant shall serve and file an addendum to the appendix containing (1) the letter from Abraham Ross to Susan L. McWalters dated July 2, 2001, and (2) the letter from Susan L. McWalters to Sandra K. Calvert dated July 10, 2002, and the motion is otherwise denied; and it is further,
ORDERED that the cross motion is granted to the extent that, on or before October 27, 2003, the appellant shall remove the following pages from its appendix: pages A4 through A41, A43 through A57, A61 through A72, A76 through A77, A83 through A85, A92 through A100, and A108 through A121, and that branch of the cross motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is for leave to serve and file a supplemental appendix is denied as unnecessary (see CPLR 5528[b]) and the respondent, if it be so advised, may serve and file an appendix on or before November 28, 2003; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until November 28, 2003.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3413
C/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-08246 Steven Barrick, respondent, v Palmark, Inc., appellant. (Index No. 46776/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 11, 2003.
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 the trial in the above-entitled action, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 14, 2000; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 14, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3417
Y/sl
NANCY E. SMITH, J.P.
LEO F. McGINITY
HOWARD MILLER
REINALDO E. RIVERA, JJ.
|
2003-02091 Domenick Cara, et al., respondents, v Mt. Sinai Hospital, appellant, et al., defendants. (Index No. 13032/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated February 3, 2003.
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 the appellant's time to perfect the appeal is enlarged until December 11, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date, and the motion is otherwise denied; and it is further,
ORDERED that no further enlargements of time shall be granted.
SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3426
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-07647 Khadeem Clarke, etc., respondent, v City of New York, respondent-appellant, Trocom Construction Corp., appellant-respondent, et al., defendants. (Index No. 18462/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated August 4, 2003.
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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal; and it is further,
ORDERED that on the court's own motion, on or before November 3, 2003 the appellant-respondent shall serve and file a supplemental record containing the notice of cross appeal dated September 22, 2003, filed by the respondent-appellant; and it is further,
ORDERED that the respondent-appellant shall file proof of payment of its share of the cost of the joint record (see 22 NYCRR 670.8[c][1]) when it files its brief.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3423
S/sl
|
2003-03419
Gwendolyn DeLeon, respondent, v New York City Transit Authority, appellant. (Index No. 47232/01)
| 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 7, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 10, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3424
S/sl
|
2003-03147
Donna J. Flood, et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Index No. 31111/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 21, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 8, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3438
T/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2002-02270
Michaelle Jeanty, respondent, v Zahkar Benin, et al., defendants-respondents, et al., defendants, Michael Maskaron, et al., appellants. (Index No. 11686/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 22, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition, it is
ORDERED that the motion is granted, and all proceedings in the above-entitled action, including the trial thereof, are stayed pending the hearing and determination of the appeal.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3415
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-03102, 2003-05167, 2003-05932, 2003-06660, 2003-06661
William Lucadamo, respondent, v Bridge to Life, Inc., appellant. (Index No. 21750/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from five orders of the Supreme Court, Queens County, dated February 20, 2003, April 1, 2003, May 9, 2003, June 4, 2003, and June 24, 2003, respectively, to, among other things, stay stated portions of the order dated June 4, 2003, pending hearing and determination of the appeals and to consolidate 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 appellant's notice of appeal from so much of the order dated May 9, 2003, as directed a hearing on the issue of contempt and the notice of appeal from the order dated June 4, 2003, are deemed to be applications for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]); and it is further,
ORDERED that the branch of the motion which is to, among other things, stay stated portions of the order dated June 4, 2003, is denied without prejudice to seeking relief in the Supreme Court, Queens County; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal from the order dated February 20, 2003, is enlarged until December 2, 2003, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3418
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-08016 1444 Richmond Realty Corp, d/b/a Vitale Sunshine Realty, respondent, v Four Bridges Development Corporation, d/b/a Atrium, et al., appellants. (Index No. 12860/93)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated August 20, 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.
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3445
S/sl
|
2003-01520
Nicole Pesce, appellant, v Stephanie S. Tillotson, respondent. (Index No. 4272/01)
| 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 the Supreme Court, Nassau County, dated January 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 8, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3482
T/mv
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-10481 Julia Fernandez Ricatto, plaintiff-respondent, v Michael P. Ricatto, defendant-respondent; 346 East 13 LLC, et al., nonparty-appellants. (Index No. 19174/02)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellants to enlarge the plaintiff-respondent's time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated October 7, 2002, and for a preference in the calendaring of the appeal.
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 branch of the motion which is to enlarge the plaintiff-respondent's time to serve and file a brief is granted, and the plaintiff-respondent's time to serve and file a brief is enlarged until October 17, 2003, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
KRAUSMAN, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3431
Y/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2002-09257 Geraldine Rini, etc., appellant, v Richard Blanck, et al., respondents. (Index No. 5063/91)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 30, 2003, on the ground that the appeal is academic, or, in the alternative, to enlarge the time to serve and file a 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 denied without prejudice to raising the contention that the appeal is academic in the respondents' brief; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted: the respondents' time to serve and file a brief is enlarged to November 12, 2003, and the respondents' brief shall be served and filed on or before that date.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3402
S/sl
|
2003-06749, 2003-06752
Silberstein, Awad & Miklos, P.C. , respondent, v Ellen Carson, appellant. (Index No. 17904/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated June 11, 2003, and July 25, 2003, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 17, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3447
S/sl
|
2003-01032, 2003-01368
Esther York, appellant, v Joseph York, respondent. (Appeals No. 1 and 2) 2003-01369 Esther York, appellant, v Joseph York, defendant-respondent; William York, et al., nonparty-respondents. (Appeal No. 3) (Index No. 11853/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Queens County, dated November 15, 2002, January 6, 2003, and January 8, 2003, respectively.
ORDERED that the application is granted and the appellant's 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 670.9[d][2]) and by serving and filing her briefs on the appeals is enlarged until December 15, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3436
Y/sl
SANDRA J. FEUERSTEIN, J.P.
LEO F. McGINITY
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2002-07355 Paul Zimmerman, et al., respondents, v Jeffrey Yuskevich, et al., defendants, Edward Ehrbar, Inc., et al., appellants (and a related action). (Index No. 23505/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated June 24, 2002, which was determined by decision and order of this court dated June 16, 2003, 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.
FEUERSTEIN, J.P., McGINITY, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3430
O/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-05962
In the Matter of Nyasha Myjahnara Quaisha B. (Anonymous). Association to Benefit Children/Variety House for Children, respondent; Darlene B. (Anonymous), appellant. (Docket No.B-5979-01)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved on an appeal from an order of the Family Court, Kings County, dated June 6, 2003.
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 counsel shall serve a copy of this decision and order upon the appellant on or before October 28, 2003, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that on or before November 18, 2003, the appellant shall either (1) move for leave to prosecute the appeal as a poor person and for the assignment of counsel, (2) provide the Clerk of this court with the name of retained counsel, or (3) advise the Clerk of this court that she will proceed pro se.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3472
Y/cf
ANITA R. FLORIO, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-09020, 2002-09021 In the Matter of Barclays Bank, PLC, respondent, v Patricia Hughes, appellant. (Index No. 014610/01)
| DECISION & ORDER ON MOTION |
Separate motions by the appellant and respondent for, among other relief, reargument of appeals from a decision of the Supreme Court, Nassau County, entered August 14, 2002, and a judgment of the same court dated August 21, 2002, which were determined by decision and order of this court dated June 16, 2003, and cross motion by the appellant to impose a sanction upon the respondent and its counsel.
Upon the papers filed in support of the motions and cross motion and the papers filed in opposition and relation thereto, it is
ORDERED that the respondent's motion and the appellant's cross motion are denied; and it is further,
ORDERED that the appellant's motion is granted to the extent that reargument is granted and, upon reargument, the decision and order of this court dated June 16, 2003, is amended (1) by adding to the second decretal paragraph thereof, after the sum of "$250," the phrase "and by deleting the provision thereof imposing costs and expenses in the sum of $34,758.87," (2) by adding to the second decretal paragraph thereof, after the phrase "without costs or disbursements," the phrase "and the matter is remitted to the Supreme Court, Nassau County, for the recalculation of costs and expenses.", and (3) by deleting the phrase "of $34,758.87 " from the last sentence of the paragraph which begins with the phrase "In supplementary proceedings," and the motion is otherwise denied.
FLORIO, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3451
K/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
HOWARD MILLER, JJ.
|
2002-11477
In the Matter of Frank R. Bayger, an attorney and counselor at law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Frank R. Bayger, respondent.
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated April 30, 2003, in the above-entitled matter is amended by deleting from the eighth decretal paragraph thereof the words "motion is otherwise," and substituting therefor the word "proceeding."
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3428
T/sl
NANCY E. SMITH, J.P.
LEO F. McGINITY
HOWARD MILLER
REINALDO E. RIVERA, JJ.
|
2003-04428 In the Matter of Tasha F. (Anonymous). Lutheran Social Services of Metropolitan New York, Inc., appellant; Edward J. D. (Anonymous), Jr., respondent. (Docket No. B-7085-00)
| DECISION & ORDER ON MOTION |
Appeal by Lutheran Social Services of Metropolitan New York, Inc., from an order of the Family Court, Queens County, dated April 1, 2003. By order to show cause dated August 8, 2003, 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 18, 2003, issued pursuant to 22 NYCRR 670.4(a).
Upon the papers filed in response to the order to show cause, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from the order dated April 1, 2003, and we decline to grant leave to appeal (see Family Court Act § 1112[1]; Matter of Shawn C.A., 110 AD2d 697); and it is further,
ORDERED that the order to show cause is denied as academic.
SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3416
C/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-03857 In the Matter of Ynique F. (Anonymous). Administration for Children's Services, petitioner- respondent; Oneal F. (Anonymous), appellant, et al., respondents. (Docket No. N-16024-01)
| DECISION & ORDER ON MOTION |
Appeal by Oneal F. from an order of the Family Court, Kings County, dated April 8, 2003. By order to show cause dated September 2, 2003, 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 the scheduling order dated May 22, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 22, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3414
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-00934
In the Matter of Bohdan Gafycz, respondent, v Sophia Gafycz, appellant. (Docket Nos. V-3780-02, V-3781-02, V-3782-02)
| DECISION & ORDER ON MOTION |
Appeal by Sofia Gafycz from an order of the Family Court, Orange County, dated December 11, 2002. By order to show cause dated September 11, 2003, 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 18, 2003, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.
Now, on the court's own motion and upon the papers filed in support of the application, and no other papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the order to show cause is denied as academic.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3429
Y/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-00489 In the Matter of Loretta Green, respondent, v Caleb Green, appellant. (Docket No. F-01124/01)
| DECISION & ORDER ON MOTION |
Appeal by Caleb Green from an order of the Family Court, Kings County, dated December 5, 2002. By order to show cause dated September 2, 2003, 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 March 20, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 20, 2003 (see 22 NYCRR 670.4[a][5]).
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3412
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-08353
In the Matter of Arthur Holt, petitioner, v Vivian Holt, respondent. (Docket Nos. V-24405/02, V-24407/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to appeal to this court from an order of the Family Court, Kings County, dated September 22, 2003, 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 motion is otherwise denied as academic.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3357
C/sl
NANCY E. SMITH, J.P.
LEO F. McGINITY
HOWARD MILLER
REINALDO E. RIVERA, JJ.
|
2003-01753 In the Matter of Maria Krambis, deceased. Kyriacos Stavrinou, appellant; Barbara Rose, respondent. (Index No. 4401/02)
| DECISION & ORDER ON MOTION |
Motion by Jaspan Schlesinger Hoffman, LLP, the attorney for the respondent, for leave to withdraw as counsel for the respondent on an appeal from an order of the Surrogate's Court, Queens County, dated February 19, 2003, and to enlarge the respondent's time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to withdraw as counsel is granted, and Jaspan Schlesinger Hoffman, LLP, is relieved from representing the respondent with respect to the instant appeal; and it is further,
ORDERED that Jaspan Schlesinger Hoffman, LLP, is directed to serve its client with a copy of this decision and order, with notice of entry, by one of the methods specified in CPLR 2103(c), on or before October 29, 2003, and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the respondent without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted to the extent that the time of the respondent to serve and file a brief is enlarged until December 1, 2003, and that branch of the motion is otherwise denied.
SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3433
T/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
LEO F. McGINITY
HOWARD MILLER, JJ.
|
2003-05496 In the Matter of Farid "John" Popal, petitioner, v Robert Hanophy, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to the Court of Appeals from a decision and judgment of this court, dated August 18, 2003, which determined a proceeding pursuant to CPLR article 78 in the nature of prohibition.
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., GOLDSTEIN, McGINITY and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3434
T/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
LEO F. McGINITY
HOWARD MILLER, JJ.
|
2003-05497 In the Matter of Farhad "Frank" Popal, petitioner, v Robert Hanophy, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to the Court of Appeals from a decision and judgment of this court, dated August 18, 2003, which determined a proceeding pursuant to CPLR article 78 in the nature of prohibition.
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., GOLDSTEIN, McGINITY and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3421
S/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-08679
In the Matter of Charles J. Quigg III, appellant, v Ludmila L. Almeida, respondent. (Docket No. V-02029-03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Charles J. Quigg III from a decision of the Family Court, Nassau County, dated June 10, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed,without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3419
S/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-08734, 2003-08735
In the Matter of Herbert Runyon, appellant, v Cynthia Knapp, respondent. (Proceeding No. 1) (Docket Nos. F-03432-96/02G, V-06153-01/01B, V-06155-01/01B, V-06157-01/01B) In the Matter of Cynthia Knapp, respondent, v Herbert Runyon, appellant. (Proceeding No. 2) (Docket No. O-07361/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeals by Herbert Runyon from an order of the Family Court, Dutchess County, dated August 18, 2003 (Appellate Division Docket No. 2003-08734), entered in Proceeding No. 1, and an order of the same court also dated August 18, 2003, as corrected September 30, 2003 (Appellate Division Docket No. 2003-08735), entered in Proceeding No. 2.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as the appellant is not aggrieved by orders entered upon his consent (see CPLR 5511).
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3435
T/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-09428
In the Matter of Baydr Taylor, appellant, vSayleen Jordan, et al., respondents. (Docket No. V-2745/01)
| DECISION & ORDER ON MOTION |
Appeal by Baydr Taylor from an order of the Family Court, Richmond County, dated October 7, 2002. By decision and order on motion dated January 24, 2003, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew upon the submission of proper papers establishing that he/she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal. The appellant has not renewed his motion for poor person relief and has not perfected the appeal.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3410
Y/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-11545, 2003-01979 The People, etc., appellant, v Anatoliy Boyko, respondent. (Ind. No. 3860/02)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the defendant in the Supreme Court, Kings County, to be relieved of the assignment to respond to appeals by the People from two orders of that court, dated November 4, 2002, and November 26, 2002, respectively, and for the assignment of new counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to relieve assigned counsel is granted; and it is further,
ORDERED that the motion is otherwise denied, with leave to renew on or before January 12, 2004, upon proper papers, including the respondent's affidavit setting forth (1) the respondent's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the respondent's own money, what happened to the same after conviction.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3252
F/
ROBERT W. SCHMIDT, J.
|
2003-07019
The People, etc., plaintiff, v Curtis Leakes, defendant. (Ind. No. 9275/96)
| 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, entered June 20, 2003, 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.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3250
F/
ROBERT W. SCHMIDT, J.
|
2003-05493
The People, etc., plaintiff, v Robert Neilssen, defendant. (Ind. No. 3149-96)
| 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, Suffolk County, dated May 21, 2003, 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.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3437
T/sl
NANCY E. SMITH, J.P.
LEO F. McGINITY
STEPHEN G. CRANE
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2000-02458 The People, etc., respondent, v George Philips, appellant. (Ind. No. 3251/97, 3825/97)
| 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 April 10, 2000, and for leave to serve and file an oversized brief.
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 branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's brief must be served and filed on or before December 10, 2003; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file an oversized brief is denied, without prejudice to the respondent making an application pursuant to 22 NYCRR 670.10(d)(1) accompanied by a copy of the proposed brief.
SMITH, J.P., McGINITY, CRANE, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3432
T/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-03563 The People, etc., respondent, v Robert Spivey, appellant. (Ind. No. 5632/01)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered March 26, 2002, upon the death of appellant on May 27, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with People v Mintz (see 20 NY2d 770).
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk