Appellate Division: Second Judicial Department
M17300
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-00854, 2003-07480, 2003-08113, 2003-10795, 2003-10984, 2004-04792, 2004-04794 ADC Orange, Inc., respondent, v Coyote Acres, Inc., appellant. (Index No. 2458/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Orange County, dated December 11, 2002, and August 3, 2003, respectively, and a judgment of the same court dated March 4, 2003, and separate motion by the respondent to dismiss appeals from four orders of the same court, two dated November 25, 2003, and two dated April 14, 2004, respectively, on the grounds (1) that the appellant does not have the authority to prosecute the appeals because it has been dissolved by the Secretary of State, and (2) that the appellant has waived its right to appellate review of the orders and judgment appealed from by accepting the benefits of the orders and judgment.
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 branches of the motions which are to dismiss the appeals on the ground that the appellant has been dissolved are denied; and it is further,
ORDERED that the branches of the motions which are to dismiss the appeals on the ground that the appellant has waived its right to appellate review of the orders and judgment appealed from are referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal and the motion is held in abeyance in the interim
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17299
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10795, 2003-10984, 2004-04792, 2004-04794
ADC Orange, Inc., respondent, v Coyote Acres, Inc., appellant.
(Index No. 2458/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Orange County, both dated November 25, 2003, and two orders of the same court both dated April 14, 2004, to strike the record on appeal or compel the appellant to serve and file a supplemental record on appeal, or, in the alternative, to enlarge the time to serve and file a brief, and cross motion by the appellant, in effect, for leave to withdraw the record and brief previously filed with the Clerk of this court and for leave to serve and file a new record and brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the cross motion is granted; and it is further,
ORDERED that the appellant's record and brief previously filed with the Clerk of this court is deemed withdrawn, and on or before November 22, 2004, the appellant shall serve and file a new record and brief; and it is further,
ORDERED that the branch of the respondent's motion which is to enlarge time is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 27, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent's motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17252
Y/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08491 Allstate Insurance Co., etc., respondent, v Able Parking Systems, et al., appellants, et al., defendants. (Index No. 7219/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, dated August 24, 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
M17327
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-00320 Bank of New York, appellant, v Vega Technology USA, LLC, et al., defendants, Dina Forras, respondent. (Index No. 4789/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 2, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17343
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05472 Dennis R. Billman, respondent-appellant, v CLF Management, et al., appellants-respondents. (Index No. 26483/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent Anjo Corp. on appeals and a cross appeal from an order of the Supreme Court, Kings County, dated May 19, 2004, to stay all proceedings, including the trial, in the above-entitled action, until 30 days after this court determines 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 the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal and the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17318
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08777
Suzanne Brunner, respondent, v Avi Navon, appellant.
(Index No. 8809/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated October 3, 2003, pending hearing and determination of an appeal therefrom, and cross motion by the respondent to dismiss the appeal on the ground that the order dated October 3, 2003 was entered upon the appellant's default and no appeal lies therefrom.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion denied without prejudice to raising the issue in the respondent's brief, if the appeal is perfected.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17268
S/nal
|
2004-00259
Bubba's Bagels of Wesley Hills, Inc., et al., appellants, v Eric Bergstol, et al., respondents. (Index No. 6501/00)
| 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 a judgment of the Supreme Court, Rockland County, dated October 31, 2003.
ORDERED that the application is granted and the appellants' reply brief shall be served and filed on or before November 5, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17265
S/nal
|
2003-11152 Danita V. Cade, appellant, v New York Community Bank, etc., et al., respondents.
(Index No. 22260/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated November 20, 2003.
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
M17315
L/
|
2004-00946
Beverly Clark, et al., plaintiffs-respondents, v Enrique Salcedo, et al., defendants-respondents, Errol J. Harewood, appellant. (and two other actions) (Index Nos. 43470/00, 9545/02, 7355/02)
| 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 December 2, 2003.
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
M17314
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-01333 John Cotter, respondent, v Summit Security Services, Inc., et al., appellants. (Action No. 1) (Index No. 31256/01) Marino Munoz, plaintiff, v John Cotter, et al., defendants. (Action No. 2) (Index No. 13322/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trials in Action No. 1 and Action No. 2 pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 5, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trials in Action No. 1 and Action No. 2 are stayed pending hearing and determination of the appeal
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17269
S/nal
|
2004-05416
Nathalie DelGadillo, et al., appellants, v City of New York, respondent. (Index No. 1509/98)
| 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, Queens County, dated April 19, 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
M17272
S/nal
|
2004-05695
William J. Dittmer, et al., plaintiffs-respondents, v Scott T. Terzian, defendant-respondent, Ford Motor Credit Company, appellant.
(Index No. 7370/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Rockland County, dated June 8, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 1, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17276
S/nal
|
2004-01226
Estate of Cora Barnes, et al., appellants, v Lawrence Nursing Care Center, Inc., respondent; City of New York Human Resources Administration, nonparty-respondent.
(Index No. 15675/02)
| 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 November 10, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 26, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17296
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-01140 Shahzad Faisal, appellant, v Ronald Mayronne, et al., respondents. (Index No. 9876/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered December 22, 2002, and to direct Jacoby & Meyers, LLP, the appellant's former counsel, to turn over to newly retained counsel all exhibits in its possession.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge time is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 18, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17275
S/sl
|
2004-03957 Nellie Frieden, respondent, v David Frieden, appellant. (Index No. 7351/00)
| 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 March 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 28, 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
M17264
S/sl
|
2004-01761 Lisa Gussack, respondent-appellant, v Evan H. Bellin, appellant-respondent. (Index No. 10809/94)
| 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, Westchester County, dated January 27, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until December 27, 2004, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her 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
M17359
S/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-07224 Ada Guzman, etc., respondent, v Iceland, appellant, et al., defendants.
(Index No. 10925/00)
| 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 the Supreme Court, Nassau County, dated July 1, 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17360
S/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-04617 Samia N. Hanna, respondent, v Maryalice Alverado, appellant.
(Index No. 15213/01)
| 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 the Supreme Court, Nassau County, dated April 26, 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.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17330
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10077, 2003-10080 James Harris, appellant, v City of New York, et al., respondents. (Index No. 858/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on appeals from an order of the Supreme Court, Kings County, dated October 10, 2003, and a judgment of the same court dated October 3, 2003, respectively.. .
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 granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until November 22, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17267
S/sl
|
2004-07020
Ann Marie Leonard, et al., respondents, v David Reinhardt, appellant, et al., defendants. (Index No. 32786/03)
| 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, Kings County, dated July 23, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 17, 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
M17358
S/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-08716 Deborah A. Marandos, respondent, v Thomas A. Marandos, appellant.
(Index No. 10218/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Suffolk County, dated September 1, 2004, 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.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17233
R/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2003-08610, 2004-05235 Midlantic Commercial Leasing Corp., respondent, v Isaac Levin, appellant, et al., defendant. (Index No. 4034/88)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a judgment the Supreme Court, Nassau County, dated July 12, 2002, and an order of the same court dated May 24, 2004, to enlarge the time to perfect the appeal from the judgment.
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 judgment is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules (see 22 NYCRR 670.8) and prior order of this court dated July 7, 2004; and it is further,
ORDERED that the motion is denied as academic.
SANTUCCI, J.P., GOLDSTEIN, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17257
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-07803 Cynthia Morris, plaintiff, v Morris Hunter, defendant. (Index No. 57835/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated January 21, 2004, which affirmed an order of the Civil Court, Kings County, entered February 14, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17261
S/sl
|
2004-02715
Steven Nowaski, appellant, v City of New York et al., respondents, Citibank, N.A., defendant third-party plaintiff- respondent; Golden Mark Maintenance, Inc., third-party defendant-respondent. (Index No. 3331/01)
| ORDER ON APPLICATION |
Application by the respondent Golden Mark Maintenance, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, entered March 15, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until November 29, 2004, and the movant'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
M17260
A/sl
NANCY E. SMITH, J.P.
SONDRA MILLER
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-10666 Nyack Hospital, etc., respondent, v State Farm Mutual Automobile Insurance Company, appellant. (Index No. 9812/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated November 12, 2003, which was determined by decision and order of this court dated June 1, 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, with $100 costs.
SMITH, J.P., S. MILLER, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17262
S/nal
|
2004-01795
Zalimoon Roman, appellant, v Zaib Ainechi, respondent. (Index No. 4922/03)
| 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, Queens County, dated February 2, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 9, 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
M17308
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08910 Jose Villatoro, plaintiff-respondent, v Grand Boulevard Realty, Inc., defendant- respondent, Popei's Clam Bar Ltd. Of Deer Park, appellant. (Index No. 20461/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated September 21, 2004, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 24, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 24, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17234
R/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-06839, 2004-07543
Anne Ziegler, respondent, v Abdulnasser Ahmed, et al., appellants.
(Ind. No. 42478/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to consolidate appeals from an order of the Supreme Court, Kings County, dated July 20, 2004 and a judgment of the same court dated August 11, 2004, and, in effect, to direct the appellants to perfect the appeals by a date certain.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the branch of the motion which is, in effect, to direct the appellants to perfect the appeals by a date certain is granted, and on or before January 7, 2005, the appellants shall serve and file the record or appendix on the appeals and the appellants' brief unless the settlement proceeds have been paid to the plaintiff by that date.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17270
S/nal
|
2004-02075
In the Matter of County of Nassau, appellant, v Civil Service Employee's Association, Inc., et al., respondents.
(Index No. 12595/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Nassau County, dated December 5, 2003.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 25, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17259
O/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-07562, 2004-02391 In the Matter of Anna E. Irace, a/k/a Anna Elizabeth Irace, deceased. Vincent J. Irace, Jr., respondent; Ann Marie DeSimone, a/k/a Anna DeSimone, appellant. (Proceeding No. 1) (File No. 814 P 1997) In the Matter of Vincent J. Irace, Jr., etc., respondent, v Ann Marie DeSimone, a/k/a Anna M. DeSimone, appellant. (Proceeding No. 2) (Index No. 8314/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to reargue a prior motion to stay enforcement of an order of the Surrogate's Court, Suffolk County, dated July 25, 2003, and an order of the Supreme Court, Suffolk County, dated December 1, 2003, pending hearing and determination of appeals therefrom, and to enlarge the time to perfect the appeal from the order dated December 1, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated December 1, 2003, is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal from the order dated December 1, 2003, 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; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., SANTUCCI, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17342
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-03422 In the Matter of Liberty Mutual Insurance Company, respondent-appellant, v Raymon Doherty, etc., respondent-respondent, Robert S. Melton, et al., appellants-respondents. (Index No. 5043/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to stay the arbitration pending between the parties, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated February 13, 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.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17258
E/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-09301 In the Matter of Juan Manuel Ortiz-Alvear, petitioner, v William Phillips, etc., respondent. (Index No. 2204/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner in a proceeding which was transferred to this court by order of the Supreme Court, Dutchess County, dated October 8, 2003, for leave to reargue that branch of his prior motion which was to waive the filing fee, which was determined by decision and order on motion of this court dated May 18, 2004.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted, and upon reargument, that branch of the prior motion which was to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22); and it is further,
ORDERED that on the court's own motion, 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 December 29, 2004; 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
M17312
L/
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2002-08351
In the Matter of Joseph Solimine, etc., et al., appellants, v Andrew Spano, etc., et al., respondents. (Index No. 07142/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated August 6, 2002.
Upon the stipulation of the attorneys for the respective parties, dated September 27, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17266
E/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2001-06695, 2004-00717 The People, etc., respondent, DECISION & ORDER v Ricky Panawoty, appellant. (Ind. No. 3534/00)
| ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered June 21, 2001, for leave to file exhibits to the supplemental pro se brief, and to consolidate the appeal from the judgment with an appeal from an order of the same court dated December 23, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental brief is denied as unnecessary as the supplemental brief was timely filed; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeal from the judgment with the appeal from the order is denied as academic as the defendant's motion for leave to appeal from the order dated December 23, 2003, was denied by decision and order on application dated March 5, 2004; and it is further,
ORDERED that the branch of the motion which is for leave to file exhibits to the supplemental pro se brief is granted and the exhibits attached to the supplemental pro se brief are accepted for filing.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
01 A 3892
Mohawk Corr. Fac.
Box 8451
Rome, New York 13442
Appellate Division: Second Judicial Department
M17250
Y/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO, JJ.
|
2002-05518 The People, etc., respondent, v David Schicchi, appellant. (Ind. No. 5469/99)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by assigned counsel for the appellant for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 5, 2002.
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.
PRUDENTI, P.J., RITTER, SANTUCCI and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17295
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
1995-01449 The People, etc., respondent, v Edward L. Summers, appellant. (Ind. No. 94-00010)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, rendered January 31, 1995.
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 is enlarged until December 17, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court