Appellate Division: Second Judicial Department
M17074
CF/
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2004-02434 David Ambalu, appellant, v Sigma Alpha Epsilon, et al., respondents. (Index No. 16348/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated January 20, 2004.
Upon the stipulation of the parties, dated October 12, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M15898
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
ROBERT W. SCHMIDT
STEVEN W. FISHER, JJ.
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2004-07036 Brian Andersen, appellant, v Lynn Ferdinand, et al., respondents. (Index No. 1037/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the cancellation of a notice of pendency pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 29, 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 cancellation of the notice of pendency is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 18, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 18, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SANTUCCI, J.P., ADAMS, SCHMIDT and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17093
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2004-02994, 2004-02995 Jeanne Anderson, appellant, v Troy Stievelman, respondent. (Index No. 10194/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from two orders of the Supreme Court, Nassau County, dated January 21, 2004, and February 23, 2004.
Upon the stipulation of the parties, dated August 23, 2004, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17122
J/sl
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2004-03153
Franklin Baharestani, respondent, v George Baharestani, et al., defendants-appellants; Michael Cook, nonparty-appellant. (Index No. 27501/97)
| 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 February 26, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 6, 2004, 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
M17129
Y/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-07511 Nostalie Belfort, respondent, v 707 S. Associates, LLC, appellant. (Index No. 46618/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 11, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17072
S/sl
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2004-02423
Bruce P. Benson, appellant, v Mary Ann Benson, respondent. (Index No. 5478/96)
| 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, entered February 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 19, 2004, 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
M17055
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2004-03790 Francis Boccardi, respondent, v Cobble Hill Health Center, Inc., et al., defendants, Long Island College Hospital, appellant. (Index No. 10126/03)
| 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 January 29, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17116
S/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-11201
Susan Caulfield, appellant, v Margaret A. Molinari, et al., respondents, (Index No. 14319/98)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 20, 2003, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.
FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17094
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2004-06252 Indrees Chaudhry, appellant, v "John Doe", et al., respondents. (Index No. 24752/01)
| 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 December 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17115
J/sl
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2003-11377
Iqbal Chaudhry, et al., respondents-appellants, v Wladyslaw Ziomek, et al., appellants-respondents. (Index No. 25576/00)
| ORDER ON APPLICATION |
Application by the appellants-respondents City of New York and New York City Health and Hospitals Corporation 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 December 1, 2003.
ORDERED that the application is granted and the appellants-respondents' time to perfect their respective appeals is enlarged until November 8, 2004, and the appellants-respondents' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17082
J/sl
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2004-02132
Cun-En Lin, et al., respondents, v Holy Family Monuments, appellant, et al., defendant. (Index No. 19600/02)
| 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 February 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 3, 2004, 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
M17096
CF/
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2003-00690 Barbara Dangerfield, respondent, v Freeport Housing Authority, appellant. (Index No. 15286/00)
| 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 November 4, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17131
J/sl
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2004-03116
James Dickson, appellant, v Alan Bonistall, et al., defendants, Patrick DeFonce, et al., respondents. (Index No. 9415/02)
| 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, Westchester County, entered March 22, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 30, 2004, 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
M17112
PL/sl
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2004-04948
Leonid Dukhvalov, et al., plaintiffs, v Stephen Pshierer, et al., defendants, GMAC Leasing Corp., respondent, Frankie & Johnnies Steakhouse, et al., appellants. (Index No. 48026/02)
| 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, Kings County, dated April 30, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 28, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17098
S/sl
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2004-03514
Bryan Gennes, et al., respondents-appellants, v Yellow Book of New York, Inc., appellant- respondent. (Index No. 1169/02)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 23, 2004.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until October 22, 2004, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants' shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17132
J/sl
|
2004-03308
Leonard Havens, appellant, v New York City Transit Authority, et al., respondents. (Index No. 30186/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 17, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 13, 2004, 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
M17123
S/sl
|
2004-01605
Robert J. Hayden, respondent, v P. Zarkadas, P.C., et al., appellants. (Index No. 30462/00)
| 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 an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered January 9, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until October 29, 2004, and the respondent'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
M17084
CF/
|
2004-05855 Mercedes Hubbard, appellant, v New York City Transit Authority, et al., respondents. (Index No. 43318/00)
| 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 May 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17061
CF/
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2004-02943, 2004-05733 Sean Keeley, plaintiff-appellant, v John J. Tracy, etc., et al., respondents, Zachary & Tracy, P.C., defendant-appellant. (Index No. 13907/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Zachary & Tracy, P.C., to withdraw appeals from two orders of the Supreme Court, Richmond County, dated March 8, 2004, and June 17, 2004, respectively.
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 appeals by Zachary & Tracy, P.C. are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17119
J/sl
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2004-03349, 2004-03350, 2004-03351
Jesse Lentini, appellant, v Concetta Lentini, etc., et al., respondents. (Index No. 5013/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Orange County, dated April 18, 2002, and January 30, 2003, respectively, and a judgment of the same court dated January 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until December 7, 2004, and the record or appendix on the appeals 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
M17065
J/sl
|
2004-02072
Phyllis Librizzi, et al., appellants, v Knights of Columbus Home Ass'n of Lindenhurst NY, Inc., respondent. (Index No. 15562/01)
| 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 an appeal from an order of the Supreme Court, Suffolk County, dated December 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 3, 2004, and the respondent'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
M17118
J/sl
|
2004-01157
Carl Martin, appellant, v City of New York, et al., respondents. (Index No. 852/01)
| 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, Queens County, dated December 9, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 15, 2004, 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
M17073
S/sl
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2004-01697
Audrey McCauley, appellant, v Gina Vandina, et al., respondents. (Index No. 12541/00)
| ORDER ON APPLICATION |
Application by the respondent Esta S. Goldman pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 14, 2004.
ORDERED that the application is granted and the time of the respondent Esta S. Goldman to serve and file a brief is enlarged until November 22, 2004, and Esta S. Goldman'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
M17121
J/sl
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2004-00800, 2004-00801 Solomon Mesholam, appellant, v Isabelle Helene Mesholam, respondent. (Index No. 21826/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a judgment of the Supreme Court, Nassau County, entered March 11, 2003, and an order of the same court entered August 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until November 30, 2004, and the record or appendix on the appeals 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
M17107
S/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
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2004-04306 Howard Nash, appellant, v Elizabeth Yablon-Nash, respondent. (Index No. 44784/03)
| DECISION & ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.4(a)(3) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated April 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 15, 2004, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17054
CF/
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2004-03127 Nephrology Associates of Westchester and Putnam, P.C., et al., appellants, v Saradha Perinbasekar, etc., respondent. (Index No. 18336/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17128
J/sl
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2004-03080 Viktoriya Netchayeva, et al., appellants, v New Millenium Furniture, Inc., et al., respondents. (Index No. 15486/02)
| 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 March 3, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 29, 2004, 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
M17051
M/nal
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2003-11223 Susan K. Neuman, appellant, v Marvin H. Neuman, respondent. (Index No. 203964/00)
| SCHEDULING ORDER |
Appeal by Susan K. Neuman from a judgment of the Supreme Court, Nassau County, dated October 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 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 within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17078
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2004-04651 New York University Hospital-Rusk Institute, etc., et al., appellants, v American Transit Insurance Company, respondent. (Index No. 7929/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17124
S/sl
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2004-03498
New York and Presbyterian Hospital, a/a/o Louis Reys, etc., et al., respondents, v AIU Insurance Company, appellant. (Index No. 8960/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated February 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 15, 2004, 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
M17097
CF/
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2004-07137 Ann Oshmiansky, respondent, v Bedford Construction Corporation, appellant, et al., defendants. (Index No. 12970/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated July 12, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17130
J/sl
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2004-03140 Mohammad Rahman, respondent, v Catherine MacDonald, appellant. (Index No. 25278/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 18, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 22, 2004, 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
M17125
J/sl
|
2004-05454
Sabe Abdul Rahman, respondent, v James Tullo, et al., appellants. (Index No. 20091/02)
| 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 an appeal from an order of the Supreme Court, Kings County, dated May 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 1, 2004, and the respondent'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
M17092
CF/
|
2004-02946 Mercedes Rios, respondent, v Alan Laxamana, et al., appellants. (Index No. 16257/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 29, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17079
CF/
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2004-07537 Pura M. Rivas, appellant, v Alan J. McDonnell, et al., defendants, Dewey Perone, et al., respondents. (Index No. 10288/02)
| 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 March 3, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17083
S/sl
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2004-03511
Jeffrey S. Rosenzweig, respondent, v Carolyn J. Singer, appellant. (Index No. 202330/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated February 20, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 29, 2004, 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
M17077
E/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2003-08640
Argyro Scammacca, respondent, v Paul Scammacca, appellant.
(Index No. 50507/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, entered August 29, 2003, to stay all proceedings in the Family Court, Kings County, pending under Docket No. F-27131-03/03A, pending hearing and determination 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 motion is granted and all proceedings in the Family Court, King County, pending under Docket No. F-27131-03/03A are stayed pending hearing and determination of the appeal from the judgment in the above entitled action.
SMITH, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16846
R/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
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2003-06563 Betty Silberstein, et al., plaintiffs-respondents, v City of New York, defendant-respondent, Bernard Jacobowitz, appellant-respondent, Sinai Eizikovitz, et al., respondents-appellants.
(Index No. 229/00)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 5, 2003, which were determined by decision and order of this court dated May 17, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., S. MILLER, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17080
L/
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2004-01615
Devine M. Smith, et al., respondents, v Sean P. Alcus, et al., appellants. (Index No. 23956/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated January 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17126
J/sl
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2003-11038, 2004-01523
Surgical Design Corporation, appellant, v Jamir Correa, et al., respondents. (Index No. 3479/99)
| ORDER ON APPLICATION |
Application by the respondents 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, Queens County, dated November 6, 2003, and January 8, 2004, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 15, 2004, and the 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
M17068
E/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-03244, 2004-04251, 2004-08782 William C. Teleisha, respondent-appellant, v State Farm Mutual Automobile Insurance Company, appellant-respondent.
(Index No. 37717/95)
| DECISION & ORDER ON MOTION |
Motion by State Farm Mutual Automobile Insurance Company on appeals from an order of the Supreme Court, Nassau County, dated September 17, 2002, and a judgment of the same court entered September 20, 2004, and on an appeal and cross appeal from an order of the same court entered September 29, 2003, to stay an underinsured motorist arbitration pending between the parties pending hearing and determination of the appeals and cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated September 17, 2002 (Appellant Division Docket No. 2004-03244), is dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the motion is denied.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17088
CF/
|
2004-03802 Carol B. Tepper, et al., appellants, v Reckson Operating Partnership, L.P., et al., respondents. (Index No. 14475/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 31, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17062
S/sl
|
2004-03834
David Walentas, appellant, v 35-45 Front Street Co., respondent. (Index No. 10684/03)
| 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, Kings County, dated March 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 22, 2004, 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
M17081
CF/
|
2004-03047 Jill Winters, appellant, v James Winters, respondent. (Index No. 18445/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17064
S/sl
|
2004-03204
William F. Wright, appellant, v Elmwood Park Condo, II, et al., respondents. (Index No. 12155/02)
| 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 and judgment (one paper) of the Supreme Court, Richmond County, dated September 30, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 6, 2004, 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
M17103
M/nal
|
2004-03378 In the Matter of Yvon Abellard, appellant, v Edith Aime, respondent. (Docket No. P-4133-01)
| SCHEDULING ORDER |
Appeal by Yvon Abellard from an order of the Family Court, Queens County, dated March 15, 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 November 3, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17104
J/sl
|
2004-00751
In the Matter of Virginia Ancona, deceased. Joseph Ancona, et al., appellants; Steven Ancona, et al., respondents. (File No. 202/01)
| 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 Surrogate's Court, Suffolk County, dated December 19, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 8, 2004, 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
M17106
M/nal
|
2003-05104
In the Matter of Augusto Araujo, appellant, v Stacey Rogers, respondent. (Docket No. V-3563-01)
| SCHEDULING ORDER |
Appeal by Augusto Araujo from an amended order of the Family Court, Suffolk County, entered May 7, 2003. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17108
S/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08206
In the Matter of Albert A. Belbol, Jr., respondent, v Rachel Stevenson, a/k/a Rachel Nau, appellant. (Docket Nos. V-1047-00, V-1138-00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Rachel Stevenson, a/k/a Rachel Nau from an unsigned order of the Family Court, Nassau County, dated September 1, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an unsigned order (see CPLR 2219).
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17059
CF/
|
2004-00777 In the Matter of Sheldon C. (Anonymous), appellant. (Docket No. D-16090-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated January 5, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M17109
C/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
|
2004-08073 In the Matter of Gordon Christman, a/k/a Gordon Francis Christman, deceased. Pamela Hoder, appellant; Public Administrator of Suffolk County, et al., respondents. (File No. 153/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Surrogate's Court, Suffolk County, dated August 4, 2004, to stay the Public Administrator of Suffolk County from selling the real property known as 10 Commerce Place in Islip Terrace, and to stay the enforcement of the order, pending hearing and determination of the appeal and final determination of an action entitled Hoder v Farris, pending in the United States District Court for the Eastern District of New York under Docket No. CV 04-2201.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., ADAMS, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17110
S/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08713 In the Matter of Portia J. (Anonymous). Administration for Children's Services, et al., respondents; Conchita J. (Anonymous), appellant. (Docket No. B-14341-02)
| DECISION & ORDER ON MOTION |
Appeal by Conchita J. from an order of the Family Court, Queens County, dated September 7, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable as of right and leave to appeal has not been granted (see Family Ct Act § 1112).
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17111
S/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08674
In the Matter of Michael D. Jastromski, appellant, v Lori B. Jansen, respondent. (Docket No. V-557-04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Michael D. Jastromski from an order of the Family Court, Orange County, dated August 12, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511).
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17095
M/nal
|
2004-05182
In the Matter of Rabab Khattab, respondent, v Hassan Khattab, appellant. (Docket No. F-75-99)
| ORDER TO SHOW CAUSE |
Appeal by Hassan Khattab from an order of the Family Court, Suffolk County, dated April 30, 2004. By scheduling order dated July 6, 2004, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order, in that the transcripts have not been ordered. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated July 6, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 3, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17102
M/nal
|
2004-05637, 2004-05638
In the Matter of Christopher L. (Anonymous). Suffolk County Department of Social Services, et al., respondents; Barbara L. (Anonymous), appellant. (Docket No. N-1951-04)
| SCHEDULING ORDER |
Appeals by Barbara L. from two orders of the Family Court, Suffolk County, dated May 5, 2004, and June 7, 2004, respectively. 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 appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until November 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17099
M/nal
|
2004-02774 In the Matter of Charles Linksman, appellant, v Deborah Linksman, respondent. (Docket No. F-5595-03)
| SCHEDULING ORDER |
Appeal by Charles Linksman from an order of the Family Court, Suffolk County, dated March 9, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 15, 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 respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17085
M/nal
|
2004-05691 In the Matter of Rena Elaine M. (Anonymous). Administration for Children's Services, respondent; Roberta M. (Anonymous), appellant. (Docket No. B-4639/02)
| SCHEDULING ORDER |
Appeal by Roberta M. from an order of the Family Court, Kings County, dated June 1, 2004. By decision and order of this court dated October 6, 2004, the following attorney was assigned as counsel on the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 6, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M17090
M/nal
|
2004-04856 In the Matter of Edmonde Mitchell, respondent, v Frederick W. Mitchell, appellant. (Docket No. U-15934-03)
| SCHEDULING ORDER |
Appeal by Frederick W. Mitchell from an order of the Family Court, Westchester County, dated March 12, 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 November 12, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17117
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-01660 In the Matter of Erin Olsen, etc., appellant, v County of Nassau, respondent. (Index No. 7543/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellant to substitute Erin Olsen, as executor of the estate of Tara Ostendorf, a/k/a Colleen Johnson, for the deceased appellant, Tara Ostendorf, a/k/a Colleen Johnson, on an appeal from an order of the Supreme Court, Nassau County, dated December 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in relation thereto, it is
ORDERED that the application is granted, and Erin Olsen, as executor of the estate of Tara Ostendorf, a/k/a Colleen Johnson, is substituted for the deceased appellant, Tara Ostendorf, a/k/a Colleen Johnson, and the caption of the action has been amended accordingly; and it is further,
ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged until November 22, 2004, and the respondent's brief shall be served and filed on or before that date.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17069
M/nal
|
2004-02369 In the Matter of Regina P. (Anonymous). Rockland County Department of Social Services, respondent; Kathy P. (Anonymous), appellant. (Docket No. NN-380-03)
| SCHEDULING ORDER |
Appeal by Kathy P. from an order of the Family Court, Rockland County, dated January 20, 2004. By decision and order of this court dated October 7, 2004, the following attorney was assigned as counsel on the appeal:
Barbara Leifer-Woods, Esq.
254 S. Main Street - 5th Floor
New City, New York 10956
(845) 638-1189
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 7, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M17105
M/nal
|
2004-01211 In the Matter of Robert P. (Anonymous), appellant. (Docket No. E-18252/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Suffolk County, dated January 20, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 14, 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 respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17091
M/nal
|
2004-03875, 2004-03878
In the Matter of Sir Shannon Deshawn Kwo R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; LaToya Joy R. (Anonymous), appellant. In the Matter of Prince Mark Anthony R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; LaToya Joy R. (Anonymous), appellant. (Docket Nos. B-7785-02, B-7786-02)
| ORDER TO SHOW CAUSE |
Appeals by LaToya Joy R. from two orders of the Family Court, Kings County, both dated March 5, 2004. By decision and order of this court dated August 26, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeals as a poor person on or before October 1, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 3, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17049
M/nal
|
2004-06313 In the Matter of Tara M. Rawlins, appellant, v Wayne S. Barth, respondent. (Docket Nos. V-5454-01, V-5456-01)
| SCHEDULING ORDER |
Appeal by Tara M. Rawlins from an order of the Family Court, Orange County, dated June 2, 2004. By decision and order of this court dated October 7, 2004, the following attorney was assigned as counsel on the appeal:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
(212) 876-8335
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 7, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17048
M/nal
|
2004-02839, 2004-02840 In the Matter of Jazmone S. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Ashley J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Zalika J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. In the Matter of Ethan J. (Anonymous). Administration for Children's Services, respondent; Philip J. (Anonymous), appellant. (Docket Nos. N-04616-04, N-04617-04 N-04618-04, N-04619-04)
| SCHEDULING ORDER |
Appeals by Philip J. from two orders of the Family Court, Queens County, both dated March 31, 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 appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until October 29, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17101
M/nal
|
2004-06392 In the Matter of Kristy Helen Tornese, respondent, v Richard F. Gagliardi, Jr., appellant. (Docket No. F-15608/03)
| SCHEDULING ORDER |
Appeal by Richard F. Gagliardi, Jr., from an order of the Family Court, Westchester County, dated July 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 14, 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 respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17087
M/nal
|
2004-06410 In the Matter of Sheneika V. (Anonymous). Administration for Children's Services, respondent; Gary V. (Anonymous), appellant. (Docket No. N-16366-03)
| SCHEDULING ORDER |
Appeal by Gary V. from an order of the Family Court, Kings County, dated July 9, 2004. By decision and order of this court dated October 6, 2004, the following attorney was assigned as counsel on the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 6, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M17089
M/nal
|
2003-08121
In the Matter of Lauramarie Addie W. (Anonymous). Lakeside Family & Children's Services, petitioner- respondent; Laura Jeanette W. (Anonymous), et al., appellants. (Docket Nos. B-23901-97, B-18055-99)
| SCHEDULING ORDER |
Appeals by Laura Jeanette W. and Darryl J. from an order of the Family Court, Kings County, dated June 18, 2003. The brief of the appellant Laura Jeanette W. was filed in the office of the Clerk of this court on August 5, 2004, and the brief of the appellant Darryl J. was served and filed on August 19, 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 respondent's time to serve and file a brief on the appeal is enlarged until November 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17075
S/sl
|
2004-01855 In the Matter of WWA Realty Holding, II LLC, respondent, v Board of Zoning Appeals of Incorporated Village of Lynbrook, et al., appellants. (Index No. 19723/02)
| 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 an appeal from an order of the Supreme Court, Nassau County, dated February 4, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 1, 2004, and the respondent'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
M17120
S/sl
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2002-07818
The People, etc., respondent, v Neil Tucker, appellant. (Ind. No. 8120/01)
| 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 in response to the appellant's supplemental pro se brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 29, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief in response to the appellant's supplemental pro se brief is enlarged until October 29, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court