Appellate Division: Second Judicial Department
M17347
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10174 Allen Baker, respondent, v Ellen Marshall, appellant. (Index No. 115519/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated November 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 27, 2004, and the record or appendix on the appeal and the appellant'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
Appellate Division: Second Judicial Department
M17394
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-04579 Bank One National Association, etc., appellant-respondent, v Stephen Singer, et al., respondents-appellants, City of New York Environmental Control Board, defendant. (Index No. 12487/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal & Cross Appeal on Stipulation |
Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated March 24, 2004.
Upon the stipulation of the attorneys for the respective parties, dated October 15, 2004, it is
ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17384
CF/
|
2004-08248 Russell Booth, et al., respondents, v Jean P. Simmers, Ltd., etc., appellant. (Index No. 16917/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 27, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M17366
J/sl
|
2004-03564
Sharon Boyle, appellant, v Musa Gundogan, et al., respondents. (Index No. 27175/02)
| 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 March 9, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 20, 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
M17346
S/sl
|
2004-05579, 2004-06711
Sharon M. Chang, plaintiff-respondent, v Chunbukyo Church, et al., appellants, Sears Roebuck & Co., et al., defendants- respondents, et al., defendant (and a third-party action). (Appeal No. 1) Sharon M. Chang, plaintiff-respondent, v Chunbukyo Church, et al., defendants, Sears Roebuck & Co., et al., appellants (and a third-party action). (Appeal No. 2) (Index No. 32196/01)
| SCHEDULING ORDER |
ORDERED that the scheduling order dated September 30, 2004, in the above-entitled case is amended by deleting the last decretal paragraph thereof and substituting therefor the following decretal paragraph:
ORDERED that Chunbukyo Church and David Kim shall serve and file a reply brief to the briefs of Sears Roebuck & Co., Black and Decker (U.S.), Inc., and the plaintiff, on or before November 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17387
CF/
|
2004-07783 Alexis D. Furer, appellant, v Lawrence I. Horowitz, respondent. (Index No. 17499/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 6, 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
M17370
E/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-08803
Darrel A. Johnson, respondent, v Jayne Worley, appellant. (Index No. 8338/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated September 7, 2004, inter alia, to stay the sale of certain real property 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 denied.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17361
S/sl
|
2004-01852
Jupiter Environmental Services, Inc., appellant, v Graystone Construction Corp., respondent. (Index No. 1292/02)
| 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, Nassau County, dated February 2, 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
M17364
PL/sl
|
2003-09043, 2004-03423
Barbara Ann Kayser, appellant, v David A. Kayser, respondent.
(Index No. 27105/92)
| 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 February 13, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before October 29, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17388
CF/
|
2004-05127 Michael Lombardi, appellant, v Anthony M. Gissi, et al., respondents.
| 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 April 23, 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
M17339
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10861 Anita G. Mazzella, etc., appellant, v Luigi Capobianco, etc., et al., respondents. (Index No. 13337/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered November 17, 2003.
Upon the papers filed in support of the motion and the parties' stipulation, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 10, 2004, and the record or appendix on the appeal and the appellant'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
Appellate Division: Second Judicial Department
M17369
E/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-11384
Anthony Paladino, appellant, v Time Warner Cable of New York City, et al., defendants, Trinity Communications Corporation, respondent. (Index No. 18831/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 19, 2003, to stay the trial in the above-entitled action 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 denied.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17349
S/sl
|
2004-05830, 2004-05831
Felix Perez, et al., respondents, v Muller Machinery Company, Inc., et al., defendants, United Rental (North America), Inc., s/h/a United Rentals, appellant.
(Index No. 18922/02)
| 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 appeals from two orders of the Supreme Court, Queens County, dated January 26, 2004, and May 19, 2004, respectively.
ORDERED that the application is granted and the reply brief which has been submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17399
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-05338 Patrick Quinn, plaintiff-respondent, v Hillside Development Corp., defendant third-party plaintiff-appellant; County Center Roofing, third-party defendant- respondent. (Index No. 6090/00)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant on an appeal from an order of the Supreme Court, Westchester County, entered May 25, 2004, to stay the trial in the above-entitled action 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 denied.
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17385
CF/
|
2004-04482 David D. Rohde, appellant-respondent, v 100 Church LLC (N.Y. LLC), et al., respondents-appellants (and a third-party action). (Index No. 75883/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 26, 2004.
Upon the stipulation of the parties, dated September 22, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17365
J/sl
|
2004-01701
Khalida Shaheen, et al., appellants, v Webster Realty Associates, respondent. (Index No. 11641/03)
| 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 January 30, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 17, 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
M17405
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08649 Maria Smith, respondent, v Charles Smith, appellant. (Index No. 204017/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Charles Smith from a decision of the Supreme Court, Nassau County, dated August 26, 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 a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17335
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-00058 Andrea Spano, etc., et al., appellants, v Baldo Bertocci, defendant, Esther Baldinger, respondent. (Index No. 24352/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an amended judgment of the Supreme Court, Kings County, dated September 24, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until November 5, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, the respondent's brief must be served and filed on or before January 4, 2005, and the reply brief must be served and filed on or before January 24, 2005.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17319
M/nal
|
2004-09123 In the Matter of Teresa Bhanote, appellant, v Kuldip R. Bhanote, respondent. (Docket No. O-12057/04)
| SCHEDULING ORDER |
Appeal by Teresa Bhanote from an order of the Family Court, Queens County, dated September 20, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17271
M/nal
|
2004-08931 In the Matter of Monique L. Boyke, respondent, v Yvette Boyke, appellant. (Docket No. O-14029/04)
| SCHEDULING ORDER |
Appeal by Yvette Boyle from an order of the Family Court, Kings County, dated September 10, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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
M17325
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-06616 In the Matter of Theodore C. (Anonymous) and Chelsea N. (Anonymous); Administration for Children's Services, petitioner-respondent, Cheryl R. (Anonymous), appellant. (Docket Nos. N-19671/03, N-19672/03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in proceedings before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from a fact-finding order of the Family Court, Queens County, dated July 1, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition to or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before November 5, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before November 29, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17294
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10183 In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent.
(Docket No. F-1244/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Nassau County, dated October 8, 2003, to include certain documents and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; 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 her brief on the appeal is enlarged until November 26, 2004; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the record on appeal is denied.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17363
PL/sl
|
2003-09302
In the Matter of Thomas Carvel, deceased. Thomas & Agnes Carvel Foundation, appellant-respondent; Leonard M. Ross, et al., respondents-appellants; Herbert F. Roth, et al., respondents.
(File No. 3285/90)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeals from an order of the Surrogate's Court, Westchester County, dated September 9, 2003.
ORDERED that the application is granted and the respondents-appellants' reply brief shall be served and filed on or before December 6, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17301
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-09038, 2004-09039
In the Matter of Catskill Regional Off-Track Betting Corporation, respondent, v State of New York Racing and Wagering Board, appellant. (Proceeding No. 1) (Index No. 4885/03) In the Matter of Daily Racing Form, Inc., respondent, v State of New York Racing and Wagering Board, appellant. (Proceeding No. 2) (Index No. 108211/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeals by State of New York Racing and Wagering Board from two orders of the Supreme Court, Orange County, both dated September 8, 2004.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as the orders appealed from are not appealable as of right and leave to appeal has not been granted (see CPLR 5701[b][1]).
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17292
M/nal
|
2004-09079 In the Matter of Jacqueline Cortes, appellant, v Andrew E. Sabin, respondent. (Docket No. F-16432-03)
| SCHEDULING ORDER |
Appeal by Jacqueline Cortes from an order of the Family Court, Suffolk County, dated September 8, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 in the 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 it has been ordered, 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 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17289
M/nal
|
2004-08964 In the Matter of Daniel W. Dobbins, respondent, v Nancy Vartabedian, appellant. (Docket No. V-2596-98)
| SCHEDULING ORDER |
Appeal by Nancy Vartabedian from an order of the Family Court, Suffolk County, dated September 1, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17290
M/nal
|
2004-08971 In the Matter of Delsa Fauconier, respondent, v Corey Fauconier, appellant. (Docket No. F-1485-00)
| SCHEDULING ORDER |
Appeal by Corey Fauconier from an order of the Family Court, Richmond County, dated April 1, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17321
M/nal
|
2004-09174 In the Matter of Richard Futia, appellant, v Lynn Kaufteil, respondent. (Docket No. F-00664-98)
| SCHEDULING ORDER |
Appeal by Richard Futia from an order of the Family Court, Westchester County, dated September 15, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 in the 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 it has been ordered, 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 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17390
CF/
|
2004-00036
In the Matter of Howard R. Glass, deceased. Kathleen Glass, appellant; Tasha Irwin, etc., respondent. (File No. 612/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Orange County, dated December 4, 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
M17277
M/nal
|
2004-08984 In the Matter of Jennifer L. Hosza-Dzielak, respondent, v Andrea Hosza, appellant. (Docket No. F-02839/04)
| SCHEDULING ORDER |
Appeal by Andrea Hosza from an order of the Family Court, Nassau County, dated August 25, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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
M17368
L/
NANCY E. SMITH, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-08358 In the Matter of Zandra I. (Anonymous), appellant; Rosanne Gaylor, etc., respondent. (Index No. 3117/04)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Richmond County, dated September 15, 2004.
Upon the stipulation of the attorneys for the respective parties, dated October 19, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further
ORDERED that the stay granted by the decision and order on motion of this court, dated September 29, 2004, is vacated forthwith.
SMITH, J.P., MASTRO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
October 25, 2004
MATTER OF I. (ANONYMOUS), ZANDRA
Appellate Division: Second Judicial Department
M17297
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-06573
In the Matter of Wendy J. (Anonymous), respondent, v Glenville S. (Anonymous), appellant.
(Docket No. P-30364-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved from representing the appellant on an appeal from an order of the Family Court, Kings County, dated July 7, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition in relation thereto, it is
ORDERED that the motion is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before November 5, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that on or before November 26, 2004, the appellant shall either comply with the scheduling order of this court dated August 20, 2004, or move for leave to prosecute the appeal as a poor person and for the assignment of counsel, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17404
O/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-08860 In the Matter of Robert Jones, petitioner, v Paulette Jones, respondent. (Docket Nos. V-00527-00)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, for leave to appeal to this court from an order of the Family Court, Nassau County, dated September 7, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17298
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-04600
In the Matter of Patricia Lee, appellant, v Gregory Lee, respondent.
(Docket No. F-2375/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Family Court, Queens County, dated April 28, 2003, to strike the appellant's brief on the ground that the appellant did not properly settle the transcripts of the hearings in the above-entitled matter, 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 or relation thereto, it is
ORDERED that the branch of the motion which is to strike the respondent's brief is granted to the extent that on or before November 8, 2004, the respondent shall advise the appellant of any proposed changes to the transcripts pursuant to CPLR 5525(c)(1); on or before November 23, 2004, the appellant shall file with this court any corrections to the transcripts in accordance with CPLR 5525(c) or advise the Clerk of this court by letter that there are no corrections to the transcripts already filed; 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 it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 22, 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
Appellate Division: Second Judicial Department
M17291
S/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-07727, 2004-07792
In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motions by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, dated August 23, 2004, and August 31, 2004, respectively, as a poor person, for the assignment of counsel, and, inter alia, to vacate the order dated August 31, 2004.
Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is
ORDERED that on the court's own motion the appeal from the order dated August 23, 2004, is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion for reargument; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated August 31, 2004, as a poor person and for the assignment of counsel is granted; and it is further,
ORDERED that the appeal from the order dated August 31, 2004, 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 (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) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (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:
Cynthia A. Lee, Esq.
418 St. Marks Place
Staten Island, New York 10301
(718) 720-3366
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 (22 NYCRR 670.4[a]); and it is further,
ORDERED that the branch of the motion which is, inter alia, to vacate the order dated August 31, 2004, is denied; and it is further,
ORDERED that the motion which is for leave to prosecute the appeal from the order dated August 23, 2004, as a poor person and for the assignment of counsel is denied as academic; 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.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17293
S/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-08929
In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated October 5, 2004, as a poor person, for the assignment of counsel. and to direct that visitation with the subject child occur in New York State pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person and for the assignment of counsel is 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 (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) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (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:
Cynthia A. Lee, Esq.
418 St. Marks Place
Staten Island, New York 10301
(718) 720-3366
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 (22 NYCRR 670.4[a]); 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.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17278
M/nal
|
2004-08990, 2004-08991 In the Matter of Jo Ann Monticciolo, respondent, v Alfred Saracco, appellant. (Docket No. F-1125/98)
| SCHEDULING ORDER |
Appeals by Alfred Saracco from two orders of the Family Court, Richmond County, both dated September 14, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeals to show cause why the appeals 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
M17288
M/nal
|
2004-08965 In the Matter of Shawn P. (Anonymous), respondent, v Wayne D. (Anonymous), appellant. (Docket No. P-01577-04, P-1580-04, P-1581-04)
| SCHEDULING ORDER |
Appeal by Wayne D. from an order of the Family Court, Suffolk County, dated September 15, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 in the 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 it has been ordered, 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
M17332
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-01271
In the Matter of Stephen Penn, appellant, v Ingrid Penn, respondent.
(Docket Nos. V-21834-03, V-21835-03)
| DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel and to Assign New Counsel |
Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated January 13, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant pro se is granted leave to file a supplemental brief on the appeal on or before December 8, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the respondent and Law Guardian.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17230
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-08071, 2003-09719 In the Matter of Miral Plovnick, respondent, v Avi Klinger, appellant. (Docket No. V-03614/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Family Court, Nassau County, dated August 6, 2003, and October 1, 2003, respectively, inter alia, to strike stated portions of the appellant's brief and appendix on the ground that they refer to or contain matter dehors the record, cross motion by the appellant for leave to serve and file a supplemental appendix and brief, and motion by the respondent for the imposition of a sanction, and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the first motion which is to strike Point IV on pages 55-60 from the appellant's brief and to strike pages A665-A690 from the appendix on the appeal are granted, and on or before November 16, 2004, the appellant shall remove the stricken material from all copies of his brief and the appendix on file in the office of the Clerk of this court or serve and file an amended brief and the appendix that does not contain the stricken material; and it is further,
ORDERED that the first motion is otherwise denied; and it is further,
ORDERED that the cross motion and the second motion are denied; and it is further,
ORDERED that on the court's own motion, the time of the respondent and the time of the Law Guardian to serve and file a brief is enlarged until December 16, 2004, and the respondent's brief and the Law Guardian's brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17274
M/nal
|
2004-08982, 2004-08983 In the Matter of Malike Lenasia R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Latrece Verna R. (Anonymous), appellant. In the Matter of Shatima Letrece R. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Latrece Verna R. (Anonymous), appellant. (Docket Nos. B-16693/01, B-16694/01)
| SCHEDULING ORDER |
Appeals by Latrece Verna R. from two orders of the Family Court, Queens County, both dated August 26, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) 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 appeals to show cause why the appeals 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
M17393
M/nal
|
2003-05757
In the Matter of Leonard Sutherland, appellant, v Penny Price, respondent. (Docket No. V-04161/86, F-12822/87)
| ORDER TO SHOW CAUSE |
Appeal by Leonard Sutherland from an order of the Family Court, Kings County, dated May 14, 2003. By scheduling order dated January 12, 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, as it appears that he has not paid for the transcripts. 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 January 12, 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 9, 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
M17333
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05115
In the Matter of Martina April T. (Anonymous). Administration for Children's Services, petitioner- respondent; Martin Mc. (Anonymous), appellant, et al., respondent. (Docket No. B-2024/00)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, inter alia, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated May 11, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
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 relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before November 10, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before December 1, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal; and it is further,
ORDERED that 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
M17334
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-05115 In the Matter of Martina April T. (Anonymous). Administration for Children's Services, petitioner- respondent; Martin Mc. (Anonymous), appellant, et al., respondent. (Docket No. B-2024/00)
| DECISION & ORDER ON MOTION |
Appeal by Martin Mc. from an order of the Family Court, Queens County, dated May 11, 2004. By order to show cause dated September 23, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 6, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, 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
M17273
M/nal
|
2004-08961 In the Matter of Tyrelle T. (Anonymous), appellant. (Docket No. D-1388/03)
| SCHEDULING ORDER |
Appeal by Tyrelle T. from an order of the Family Court, Richmond County, dated October 4, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 in the 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 it has been ordered, 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
M17386
CF/
|
2004-08277 In the Matter of United Services Automobile Association Property & Casualty, appellant, v Frank Landi, respondent. (Index No. 5234/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 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
M17280
M/nal
|
2004-09151 In the Matter of Sharard W. (Anonymous), appellant. (Docket No. D-1444/04)
| SCHEDULING ORDER |
Appeal by Sharard W. from an order of the Family Court, Kings County, dated September 21, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 in the 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 it has been ordered, 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
M17279
M/nal
|
2004-09153 In the Matter of Marilyn Waaldijk-Howell, appellant, v Gordon E. Howell, respondent. (Docket No.O-22678-03)
| SCHEDULING ORDER |
Appeal by Marilyn Waaldijk-Howell from an order of the Family Court, Kings County, dated July 9, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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
M17320
M/nal
|
2004-09150 In the Matter of Johanne C. Walker, respondent, v Garth N. Henry, appellant. (Docket No. F-22623-03)
| SCHEDULING ORDER |
Appeal by Garth N. Henry from an order of the Family Court, Kings County, dated September 20, 2004. 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 within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant 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 appellant 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 the Family Court proceedings 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) 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), (4), or (5) 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 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17362
J/sl
|
2003-05029
The People, etc., respondent, v Corey Alexander, appellant. (Ind. No. 3998/02)
| 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 a judgment of the Supreme Court, Kings County, rendered May 22, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 8, 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
M17313
F/
REINALDO E. RIVERA, J.
|
2004-07960 The People, etc., plaintiff, v Juan Almonte, defendant. (Ind. No. 15059/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 6, 2004, 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M17309
F/
REINALDO E. RIVERA, J.
|
2004-06677 The People, etc., plaintiff, v Passion Banton, defendant. (Ind. Nos. 761/99, 811/99, 813/99, 6946/99)
| 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 22, 2004, 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M17311
F/
REINALDO E. RIVERA, J.
|
2004-08166 The People, etc., plaintiff, v Carl Bennet, defendant. (Ind. No. 98-01563)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated June 29, 2004, 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M17350
K/sl
REINALDO E. RIVERA, J.
|
2004-08322 The People, etc., respondent, v Donneil Hall, appellant. (Ind. No. 63/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Nassau County, rendered September 2, 2004, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M17307
F/
REINALDO E. RIVERA, J.
|
2004-06319 The People, etc., plaintiff, v John J. Hatzfeld, defendant. (Ind. No. 1625-93)
| 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 County Court, Suffolk County, dated July 29, 2004, 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.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M17100
K/sl
STEPHEN G. CRANE, J.
|
2004-06907 The People, etc., respondent, v Jie Mei Chen, appellant. (Ind. No. 4799/95)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
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, Queens County, dated March 20, 2004, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Queens County, dated March 20, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M17033
F/
HOWARD MILLER, J.
|
2004-07643
The People, etc., plaintiff, v Robert Logan, defendant. (Ind. No. 8403/01)
| 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 August 16, 2004, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M17310
F/
REINALDO E. RIVERA, J.
|
2004-05965 The People, etc., plaintiff, v Lorenzo McGriff, defendant. (Ind. No. 7901/92)
| 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 10, 2004, 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.
REINALDO E. RIVERA
Associate Justice