APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3656
T/mv
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-00467 In the Matter of Robert Heuthe, appellant, v Denise McLaren, respondent. (Index Nos. V-2091/02, V-2092/02, V-2093/02 V-2094/02, V-2095/02, V-2096/02, V-2097/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief in response to the Law Guardian's brief on an appeal from an order of the Family Court, Orange County, dated November 20, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief in response to the Law Guardian's brief is enlarged until 5:00 P.M. on October 22, 2003, and the brief must be served and filed on or before that date.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3557
D/sl
|
2003-04448
Alec Alcendor, et al., appellants, v Second Generation Building Corporation, et al., respondents. (Index No. 8476/01)
| 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, Westchester County, dated April 1, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 9, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3579
E/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-06412
Virginia Azor, appellant, v Gerald Delva, et al., respondents. (Index No. 21573/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered May 31, 2002, which was determined by decision and order of this court dated June 2, 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, with $100 costs.
ALTMAN, J.P., SMITH, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3624
S/sl
SANDRA J. FEUERSTEIN, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
SANDRA L. TOWNES, JJ.
|
2002-11494, 2003-05756 Bank of New York, etc., respondent, v Richard J. Castaldo, Jr., et al., appellants. (Index No. 5925/99)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated July 17, 2003, in the above-entitled case is amended by deleting from the first decretal paragraph thereof the words "September 10, 2003", and substituting therefor the words "November 6, 2003".
FEUERSTEIN, J.P., S. MILLER, GOLDSTEIN and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3586
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2001-09421, 2002-02333
Eastern Numismatics, Inc., appellant, v Howard Binnick, et al., respondents. (Index No. 21593/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from a judgment of the Supreme Court, Nassau County, entered November 8, 2001, and an order of the same court dated January 24, 2002, which were determined by decision and order of this court dated December 30, 2002.
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.
SANTUCCI, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3585
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2002-04064 HomeFirst, Inc., f/k/a Transamerica Homefirst, Inc., appellant, v Sophie Pasecka, etc., respondent. (Index No. 6570/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated March 29, 2002.
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 marked withdrawn, without costs or disbursements.
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3581
E/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2002-00218
Chinwe Ifeoma, etc., respondent, v Jack Elo, appellant. (Index No. 23059/97)
| DECISION & ORDER ON MOTION |
Application by the appellant to substitute Chinwe Ifeoma, as administrator of the estate of Renee Aarons, for the deceased respondent Renee Aarons on an appeal from an order of the Supreme Court, Kings County, dated November 16, 2001.
Upon the papers filed in support of the application and the papers filed in relation thereto, it is
ORDERED that the application is granted, and Chinwe Ifeoma, as Administrator of the estate of Renee Aarons, is substituted for the deceased respondent Renee Aarons, 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 December 5, 2003, and the respondent's brief on must be served and filed on or before that date.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3594
S/sl
|
2003-03343 ORDER ON APPLICATION James Ingargiola, plaintiff-respondent, v Waherguru Management, Inc., et al., defendants-respondents, E. Anthony Mazzella, appellant.
(Index No. 18090/01)
|
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, Suffolk County, dated March 12, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 21, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3572
O/sl
SANDRA J. FEUERSTEIN, J.P.
WILLIAM D. FRIEDMANN
LEO F. McGINITY
ROBERT W. SCHMIDT, JJ.
|
2002-07797 Edward Ingles, et al., respondents, v City of New York, et al., defendants, Copat Construction Corp. et al., appellants (and other actions). (Index No. 28984/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 16, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic in light of our determination of the appeal (see Ingles v City of New York, _______ AD2d _______ [2d Dept, Oct. 20, 2003]).
FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3580
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
DANIEL F. LUCIANO, JJ.
|
2003-05676
Frederick M. Jaffe, respondent, v William A. Jaffe, appellant.
(Index No. 4924/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated May 14, 2003, for leave to reargue a motion to enjoin the sale of the subject premises pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated September 18, 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, with $100 costs.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3196
S/mv/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2001-04156 Jim Longo, Inc., respondent-appellant, v George Rutigliano, et al., appellants- respondents. (Index No. 7329/94)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 28, 2002, which determined an appeal and cross-appeal from a judgment of the Supreme Court, Nassau County, entered April 13, 2001.
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., KRAUSMAN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3558
D/sl
|
2003-01401 ORDER ON APPLICATION Sandra Kasner, appellant, v Victor Kasner, respondent.
(Index No. 33691/97)
|
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, Nassau County, dated January 10, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 29, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3556
A/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2003-08753 Lincoln Savings Bank, FSB, respondent, v Ralph K. Wynn, appellant, et al., defendants. (Index No. 16153/90)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay a holdover proceeding entitled S & K Properties, LLC v Wynn, pending in the District Court, Nassau County, First District, under L & T Index No. 3932/03, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 25, 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.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3593
Y/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2003-08354 Joseph Lombardi, et al., respondents, v Michael H. Hall, et al., appellants, et al., defendants. (Index No. 49721/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to, in effect, stay enforcement of so much of an order of the Supreme Court, Kings County, dated August 12, 2003 as directed the defendant Michael H. Hall to provide his personal medical records concerning testing for hepatitis C to the court for in-camera inspection, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of so much of the order dated August 12, 2003, as directed the defendant Michael H. Hall to provide his personal medical records concerning testing for hepatitis C to the court for in-camera inspection, is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before November 19, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 19, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3571
O/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2003-08339 Suzanne Manning, etc., et al., respondents, v Brookhaven Memorial Hospital Medical Center, et al., appellants. (Index No. 25589/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the retrial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated September 9, 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 retrial 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 20, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 20, 2003, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3589
Y/sl
SANDRA J. FEUERSTEIN, J.P.
WILLIAM D. FRIEDMANN
LEO F. McGINITY
ROBERT W. SCHMIDT, JJ.
|
2003-01850 National Continental/Progressive Claims Group, respondent, v Allied Central Ambulette Service, Inc., appellant, et al., defendants. (Index No. 6776/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 10, 2002, on the ground that the record and appellant's brief contain or refer to matter dehors the record, 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 granted to the extent that, on or before November 3, 2003, the appellant shall remove pages 61 through 65 from all copies of the record on appeal on file with this court, and shall remove from page 9 of all copies of the appellant's brief on file with this court the first and second full sentences, beginning with the words "the three page, rather standard auto policy," through and including the words "to or from a covered auto.", and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until December 3, 2003, and the respondent's brief must be served and filed on or before that date.
FEUERSTEIN, J.P., FRIEDMANN, McGINITY and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3565
C/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2003-06545 Elba Ortiz, et al., repondents, v Ahmad Jaber, etc., et al., appellants. (Index No. 9595/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants Ahmad M. Jaber and Ahmad M. Jaber, M.D., P.C., inter alia, to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 3, 2003. Separate motion by the appellant Lutheran Medical Center for the same relief. Cross motion by the respondents to dismiss the appeal by Lutheran Medical Center on the ground that a prior appeal taken by Lutheran Medical Center raising issues identical to those raised on the instant appeal was dismissed for failure to timely perfect the appeal.
Upon the papers filed in support of the motions and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motions are denied; and it is further,
ORDERED that the cross motion is denied without prejudice to raising the issue in the respondents' brief.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3574
A/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-00020 Eli Raitport, appellant, v Con Edison, et al., respondents.
(Index No. 32562/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated December 9, 2002, for leave to reargue a motion for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal, which was determined by decision and order on motion of this court dated August 18, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3063
Y/sl
MYRIAM J. ALTMAN, J.P.
HOWARD MILLER
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2003-05398
Daniel R. Riley, appellant-respondent, v ISS International Service System, Inc., et al., respondents-appellants. (Index No. 22782/97)
| DECISION & ORDER ON MOTION Application to Withdraw Cross Appeal |
Application by the respondent-appellant ISS International Service System, Inc., to withdraw a cross appeal from an order of the Supreme Court, Kings County, dated June 11, 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 cross appeal of ISS International Service Systems, Inc., is marked withdrawn.
ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3578
O/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-08565 Stella Roberts, respondent, v Ted Roberts, appellant. (Index No. 5608/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of a judgment of the Supreme Court, Richmond County, dated July 25, 2003, pending hearing and determination of an appeal therefrom, and for leave to prosecute the appeal as a poor person, to waive the filing fee and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3569
E/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-07366
Gary Spelber, appellant, v Ellen Spelber, respondent.
(Index No. 200340/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated June 25, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3568
J/sl
|
2003-02334
Shana Springer, respondents, v Yonkers Board of Education, appellant, et al., defendants. (Index No. 4957/01)
| 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 an appeal from an order of the Supreme Court, Westchester County, dated March 5, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 24, 2003, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3566
J/sl
|
2003-03072, 2003-04828
Squadron Partners, LLC, appellant, v Citibank, N.A., respondent. (Index No. 18733/02)
| 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, Westchester County, dated March 10, 2003, and April 23, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until December 22, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3588
E/sl
SANDRA J. FEUERSTEIN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
| 2002-06994 Suffolk County Ethics Commission, respondent, | DECISION & ORDER MOTION |
Motion by the appellant, inter alia, for leave to appeal to the Court of Appeals from a decision and order of this court, dated August 11, 2003, which determined an appeal from an order of the Supreme Court, Suffolk County, dated July 24, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FEUERSTEIN, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3592
Y/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2003-06087 In the Matter of Shirley Bien-Aime Schneider, respondent, v Christopher J. Schneider, appellant. (Docket No. F-01840-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the record on appeal from an order of the Family Court, Nassau County, dated May 30, 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.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3570
E/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2003-08619
In the Matter of Karisma D. L. (Anonymous), et al. Administration for Children's Services, respondent; Jacqueline L. (Anonymous), appellant. (Docket No. N 5045/02, N 5046/02, N 5047/02, B-17651/03, B-17652/03, V-19094/02, V-19095/02, V-24512/03)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in proceedings before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated September 26, 2003, to grant the appellant leave to prosecute the appeal as a poor person, for a preference in the calendaring of the appeal, and to stay all proceedings in the above proceedings as well as in a related proceeding to terminate the appellant's parental rights pending in the Family Court, Kings County, pending hearing and determination of the appeal, or, in effect, for summary reversal.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the Clerk of the Family Court, and the Clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the Clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Frank A. Buono, Esq.
217 25th Street
Brooklyn, New York 11232
(718) 768-3000
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]); and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared when it is fully perfected; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3583
E/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-03399
In the Matter of Sonny B. Southerland, Sr., appellant, v Susan K. Knipps, etc., respondent. (Index No. 21703/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated March 13, 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 branch of motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that on the court's own motion, 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]); and it is further,
ORDERED that the motion is otherwise denied as academic.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3567
J/sl
|
2003-00973
In the Matter of Steven Kessler Motor Cars, Inc., respondent; Jerry Kessler, appellant. (Index No. 42830/95)
| 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 October 24, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 13, 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
M3575
E/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
1996-04159
In the Matter of Gregory Thompson, appellant, v Jeanine Pirro, etc., et al., respondents. (Index No. 19593/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - December 1996 Calendar," dated December 17, 1996, as dismissed an appeal from a judgment of the Supreme Court, Westchester County, entered March 28, 1996, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3573
E/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2003-04164
In the Matter of Jacqueline Williams, et al., respondents, v Ann O'Toole, appellant. (Docket Nos. V-2339/01, V-2339/02A)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated March 24, 2003, to strike the respondents' brief on the ground that it refers to matter dehors the record.
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., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3612
T/sl
SANDRA J. FEUERSTEIN, J.P.
NANCY E. SMITH
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-02098 In the Matter of DeAndre Williams, petitioner, v Westchester County Court, et al., respondents. (Index No. 01571/99)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus to compel. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated April 1, 2003, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated April 1, 2003, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
FEUERSTEIN, J.P., SMITH, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3501
F/
STEPHEN G. CRANE, J.
|
2003-07177
The People, etc., plaintiff, v Joshua Barnes, defendant. (Ind. No. 4340/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 16, 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.
STEPHEN G. CRANE
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3590
A/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2001-05308
The People, etc., respondent, v Eddie Gumbs, a/k/a Edward A. Gumbs, appellant. (Ind. No. 846/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to substitute Schapiro & Reich, Esqs., for Debra Galloway as counsel on an appeal from a judgment of the County Court, Suffolk County, rendered May 18, 2001, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that all papers in the action shall be turned over to newly retained counsel:
Schapiro & Reich, Esqs.
325 East Sunrise Highway
Lindenhurst, New York 11757
and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until February 18, 2004.
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3542
F/
LEO F. McGINITY, J.
|
2003-02294
The People, etc., plaintiff, v Rogelio Holder, defendant. (Ind. No. 5471/84)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated February 18, 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.
LEO F. McGINITY
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3584
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
1999-11705
The People, etc., respondent, v Kenneth Lewis, appellant. (Ind. No. 3137/96)
| DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the County Court, Suffolk County, rendered November 24, 1999.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's Address:
00-A-0360
Attica Correctional Facility
Box 149
Attica, New York 14011
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3544
F/
LEO F. McGINITY, J.
|
2003-05492
The People, etc., plaintiff, v Allen Mack, defendant. (Ind. No. 9265/93)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated December 18, 2002, 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.
LEO F. McGINITY
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3595
S/sl
SONDRA MILLER, 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. Nos. 3251/97, 3825/97)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 15, 2003, in the above-entitled case is amended by deleting from the preamble thereof the words "County Court, Nassau County", and substituting therefor the words "Supreme Court, Queens County".
S. MILLER, J.P., McGINITY, CRANE, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3543
F/
LEO F. McGINITY, J.
|
2003-01825
The People, etc., plaintiff, v Milton Pratt, a/k/a Michael Davis, defendant. (Ind. No. 6101/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 2, 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.
LEO F. McGINITY
Associate Justice