Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR OCTOBER 17, 2005

TITLECase Number
Artis v City of New York2005-00373
Bennett v Robinson2005-02088
Blufshtein v Kam Man Food, LLC2005-01943
Chase Manhattan Bank v Mercado2005-01517
Companion Life Insurance Company of New York v 2004-10861 +3
Divona v Wahlfeld2005-07158
ESI-97 v Beehive Ventures, Inc.2005-02971
Fridman v Kucher2005-07795
Gallante Properties, Inc. v Allcity Insurance Comp2004-10061
Gershon v Goldberg2005-03220 +1
Johnnies Pelham Road Service, Inc. v Thomas2005-06139
Lake Grove Partners, LLC v Middleton2005-04068 +1
Lodato v Greyhawk North America, LLC2005-03116
Long v State of New York2003-09245 +1
Massimi v Massimi2005-04004
Meola v Board of Cooperative Education Services of2005-00005
NYCTL 1998-1 Trust v Carajo Holding Corp.2005-00641
Perez v St. John's Episcopal Hospital South Shore2003-11395
Ramirez v Parache2005-02494
Riddy v HSBC USA, Inc.2004-09724
Yablon v Bay Club2005-05935
Mtr of Accardi, f/k/a Turner v Turner2005-08674
Mtr of Bender, deceased2005-04913
Mtr of Flores v Deabreu, a/k/a Altiery2005-09422
Mtr of Foreclosure of Tax Liens; Piermont Commerci2005-01298
Mtr of Johnson v City of New York2005-03710
Mtr of Pacicca v Allesandro2005-01266
Peo v Grajales, Joseph2004-04914
Peo v Ivory, Sharron2003-05038
Peo v Kobas, Amin2005-06898 +3
Peo v Tucker, Neil2002-07818
Peo v Zephirin, Jacky2004-09506







Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31096

T/nal

2005-00373

Marilyn Artis, plaintiff-respondent, v

City of New York, defendant-respondent,

Edison Parking Management, L.P., et al.,

appellants

(and a third-party action).

(Index No. 5470/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated September 14, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31114

S/nal

2005-02088

Ethel Bennett, et al., appellants,

v Kenneth Robinson, et al., respondents.

(Index No. 28592/01)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated January 13, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 8, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31100

T/nal

2005-01943

Oleg Blufshtein, etc., et al., appellants,

v Kam Man Food, LLC, et al., respondents.

(Index No. 49828/02)

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 15, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until October 25, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31112

S/nal

2005-01517

Chase Manhattan Bank, respondent,

v Jenny J. Mercado, appellant, et al., defendant.

(Index No. 7744/02)

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 January 5, 2005.

ORDERED that the application is granted and 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 670.9[d][2]), and by serving and filing her brief on the appeal is enlarged until November 10, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31111

S/nal

2004-10861, 2004-10864, 2005-00071

Companion Life Insurance Company of

New York, appellant, v All State Abstract

Corp., etc., et al., respondents.

(Appeals No. 1, 2, and 3)

2004-10867

Companion Life Insurance Company of

New York, appellant-respondent, v All State

Abstract Corp., respondent-appellant,

Angela Wallace, etc., respondent.

(Appeal No. 4)

(Index No. 12117/03)

ORDER ON APPLICATION

Application by Allstate Abstract Corp. the respondent on appeals from three orders of the Supreme Court, Nassau County, all dated November 22, 2004 (Appellate Division Docket Nos. 2004-10861, 2004-10864, and 2005-00071), and the respondent-appellant on an appeal and cross appeal from an order of the same court, also dated November 22, 2004 (Appellate Division Docket No. 2004-10867), pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file its brief.

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

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on its cross appeal on or before November 18, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the plaintiff shall serve and file its reply brief on or before December 23, 2005; and the respondent-appellant shall serve and file its reply brief on or before January 9, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31091

O/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-07158

Anthony B. Divona, etc., et al., plaintiffs-respondents,

v David J. Wahlfeld, et al., defendants-respondents,

County of Suffolk, respondent-appellant, Hinck Electrical

Contractors, Inc., appellant-respondent.

(Action No. 1)

Anthony B. Divona, etc., et al., respondents, v

Town of Brookhaven, defendant third-party plaintiff

respondent-appellant; Hinck Electrical Contrators, Inc.,

third-party defendant appellant-respondent.

(Action No. 2)

David J. Wahlfeld, et al., plaintiffs, v

Anthony B. Divona, etc., et al., defendants third-party

plaintiffs-respondents; County of Suffolk, et al.,

third-party defendants respondents-appellants; Hinck

Electrical Contractors, Inc., third-party defendant

appellant-respondent.

(Action No. 3)

(Index Nos. 17766/01, 9527/01, 21-249)

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 appeals from an order of the Supreme Court, Suffolk County, dated June 30, 2005.

Upon the papers filed in support of the motion and the papers filed in 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31113

S/nal

2005-02971

ESI-97, plaintiff, v Beehive Ventures, Inc.,

respondent, et al., defendants; We Buy Now,

LLC, nonparty-appellant.

(Index No. 9189/03)

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, Westchester County, dated February 15, 2005.

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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M30868

A/sl

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-07795

Dora Fridman, etc., plaintiff, v Stanislav

Kucher, et al., defendants.

(Action No. 1)

(Index No. 4674/05)

Mikhail Ontman, plaintiff, v Dora Fridman,

defendant.

(Action No. 2)

(Index No. 2030/05)

Oleg Krasnytsky, respondent, v Mikhail

Ontman, et al., appellants, et al., defendants.

(Action No. 3)

(Index No. 6659/05)

DECISION & ORDER ON MOTION

Motion by the appellants in Action No. 3 to stay enforcement of an order of the Supreme Court, Kings County, dated July 18, 2005, pending hearing and determination of an appeal therefrom.

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 enforcement of the order dated July 18, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 14, 2005, and on further condition that the appellants continue the undertaking which they were directed to post by the temporary restraining order contained in the order to show cause dated September 1, 2005; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 14, 2005, or the undertaking is not continued, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

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

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31097

T/nal

2004-10061

Gallante Properties, Inc., appellant,

v Allcity Insurance Company, respondent.

(Index No. 14658/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 9, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 24, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31118

S/nal

2005-03220, 2005-07161

Hugh Gershon, respondent-appellant,

v Judith Goldberg, et al., appellants-respondents.

(Index No. 4331/04)

ORDER ON APPLICATION

Application by the appellants-respondents Judith Goldberg and Frederick Goldberg pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, dated March 14, 2005, and July 7, 2005, respectively.

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

ORDERED that the time of Judith and Frederick Goldberg to perfect their appeals is enlarged until November 30, 2005, and the brief of those appellants-respondents must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, on or before January 4, 2006 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31121

E/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-06139

Johnnies Pelham Road Service, Inc., respondent,

v Richard S. Thomas, appellant.

(Index No. 2850/05)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Westchester County, entered June 16, 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 granted and the appeal will be calendared expeditiously.

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

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31098

S/nal

2005-04068, 2005-04069

Lake Grove Partners, LLC, appellant, v

Scott D. Middleton, et al., respondents.

(Index No. 13573/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order of the Supreme Court, Nassau County, dated March 11, 2005, and a judgment of the same court entered April 21, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 27, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31120

S/nal

2005-03116

Charles Lodato, plaintiff-respondent,

v Greyhawk North America, LLC, defendant

third-party plaintiff-appellant, Palace Electrical

Contractors, Inc., defendant-respondent; Nagan

Construction, Inc., third-party defendant-appellant

(and a fourth-party action).

(Index No. 9801/02)

ORDER ON APPLICATION

Applications by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Kings County, entered March 10, 2005.

ORDERED that the applications are granted and the appellants' time to perfect the appeals is enlarged until November 29, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31107

A/nal

FRED T. SANTUCCI, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-09245, 2004-02044

Lee Long, appellant, v

State of New York, respondent.

(Claim No. 106274)

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 June 20, 2005, which determined an appeal from two orders of the Court of Claims, dated August 18, 2003, and January 29, 2004, respectively.

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., LUCIANO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31115

S/nal

2005-04004

Richard P. Massimi, respondent,

v Melissa A. Massimi, appellant.

(Index No. 4975/03)

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 and judgment (one paper) of the Supreme Court, Orange County, dated March 22, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 4, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31122

E/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2005-00005

Jon P. Meola, appellant, v Board of Cooperative

Education Services of Nassau County, et al.,

respondents.

(Index No. 15109/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated November 3, 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 motion is granted and the appellant's time to perfect the appeal is enlarged until December 19, 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31117

S/nal

2005-00641

NYCTL 1998-1 Trust, et al., respondents,

v Carajo Holding Corporation, appellant,

et al., defendants.

(Index No. 22910/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated December 13, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 10, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31093

A/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2003-11395

Jonathan Perez, etc., respondent, v St. John's

Episcopal Hospital South Shore, et al., defendants,

Interfaith Medical Center, et al., appellants.

(Index No. 26675/96)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a revised judgment of the Supreme Court, Kings County, entered December 16, 2003, which was determined by decision and order of this court dated June 6, 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.

H. MILLER, J.P., COZIER, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31106

T/nal

2005-02494

Jonathan Ramirez, etc., et al., appellants,

v Cesar R. Parache, respondent.

(Index No. 29739/02)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 28, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 7, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31076

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-09724

Timothy Riddy, respondent, v HSBC

USA, Inc., et al., defendants, Elizabeth Alers,

et al., appellants.

(Index No. 1661/03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated August 6, 2004, which was determined by decision and order of this court dated August 15, 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., SANTUCCI, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31116

S/nal

2005-05935

Jonathan Yablon, appellant,

v Bay Club, respondent, et al., defendant.

(Index No. 16340/03)

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, Queens County, entered June 3, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 13, 2006, 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




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31088

S/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-08674

In the Matter of Deborah Accardi, f/k/a

Deborah Turner, respondent, v

Hugh Turner, appellant.

(Docket Nos. V-07043-04)

ORDER TO SHOW CAUSE

Appeal by Hugh Turner from an order of the Family Court, Dutchess County, dated July 25, 2005.

Now, on the court's own motion, it is

ORDERED that the parties are directed to show cause before this court why an order should or should not be made and entered dismissing this appeal on the ground that the order was entered upon the consent of the appellant (see CPLR 5511), by each filing an affirmation on that issue in the office of the Clerk of this court on or before November 4, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the attorneys for the respective parties by regular mail.

FLORIO, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31092

CF/

2005-04913

In the Matter of William Howard Bender,

a/k/a William Bender, a/k/a William H.

Bender, deceased.

Frank H. Moley, etc., petitioner-appellant;

Louise Bender, et al., respondents;

Insurance Company of State of Pennsylvania,

nonparty-appellant.

(Index No. 4627/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the nonparty-appellant Insurance Company of State of Pennsylvania to withdraw an appeal from an order of the Surrogate's Court, Queens 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 by Insurance Company of State of Pennsylvania is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31119

S/nal

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-09422

In the Matter of Harry P. Flores, et al.,

appellants, v Sabrina J. Deabreu, a/k/a

Sabrina J. Altiery, respondent.

(Docket No. V-5970-05)

ORDER TO SHOW CAUSE

Appeal by the petitioners from an order of the Family Court, Suffolk County, dated September 2, 2005.

Now, on the court's own motion, it is

ORDERED that the parties are directed to show cause before this court why an order should or should not be made and entered dismissing the above-captioned appeal on the ground that the order appealed from was entered upon the default of the appellants (see Termini v Termini, 4 AD3d 342), by filing affirmations or affidavits on that issue with the Clerk of this court on or before November 4, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause on the parties or their attorneys by regular mail.

GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31101

S/nal

2005-01298

In the Matter of Foreclosure of Tax Liens.

County of Rockland, respondent; Piermont

Commercial Corp., appellant.

(Index No. 7510/96)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, dated January 4, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before October 25, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31105

S/nal

2005-03710

In the Matter of Kenneth Johnson, respondent,

v City of New York, et al., appellants.

(Index No. 14281/02)

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 and judgment (one paper) of the Supreme Court, Queens County, dated February 25, 2005, and to enlarge the respondent's time to serve and file his brief.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 13, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent shall serve and file his brief on or before February 16, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31084

C/sl

ROBERT W. SCHMIDT, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

STEVEN W. FISHER, JJ.

2005-01266

In the Matter of Thomas E. Pacicca, petitioner,

v Joseph S. Allesandro, etc., respondent.

DECISION & ORDER ON MOTION

Motion by the petitioner for leave to reargue a proceeding pursuant to CPLR article 78 to review a determination of the respondent dated September 14, 2004, which was determined by decision, order, and judgment of this court dated June 13, 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, with $100 costs.

SCHMIDT, J.P., S. MILLER, KRAUSMAN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31090

CF/

2004-04914

The People, etc., respondent,

v Joseph Grajales, appellant.

(Ind. No. 1374/03)

ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Appeal from a judgment of the Supreme Court, Kings County, rendered May 27, 2004.

Upon the stipulation of the parties, dated September 16, 2005, it is

ORDERED that the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31087

O/sl

SONDRA MILLER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2003-05038

The People, etc., respondent,

v Sharron Ivory, appellant.

(Ind. No. 8181/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered May 22, 2003, in effect, for leave to file less than nine copies of his supplemental brief and to file an exhibit with the supplemental brief.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31104

S/nal

2005-06898

The People, etc., appellant,

v Amin Kobas, respondent.

(Appeal No. 1)

2005-06902

The People, etc., appellant,

v Ahmed Moghaless, respondent.

(Appeal No. 2)

2005-06905

The People, etc., appellant,

v Adin Zandin, respondent.

(Appeal No. 3)

2005-06906

The People, etc., appellant,

v Abdo Kaid, respondent.

(Appeal No. 4)

(Ind. No. 1855/05)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Kings County, dated April 27, 2005.

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 its brief on the appeals is enlarged until December 12, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31074

C/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

DAVID S. RITTER

REINALDO E. RIVERA, JJ.

2002-07818

The People, etc., respondent,

v Neil Tucker, appellant.

(Ind. No. 8120/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered July 29, 2002, which was determined by decision and order of this court dated August 1, 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., H. MILLER, RITTER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M31110

C/nal

THOMAS A. ADAMS, J.P.

STEPHEN G. CRANE

SONDRA MILLER

WILLIAM F. MASTRO, JJ.

2004-09506

The People, etc., respondent,

v Jacky Zephirin, appellant.

(Ind. No. 8975/03)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered October 14, 2004, as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is dismissed, with leave to renew upon proof of service of the motion papers upon the respondent.

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

ENTER:

James Edward Pelzer

Clerk of the Court