APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3909
C/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-08896, 2003-08897, 2003-08898 Frederick Assini, respondent, v Linda Assini, appellant. (Index No. 23026/92)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of three orders of the Supreme Court, Kings County, dated August 5, 2003, September 5, 2003, and September 12, 2003, respectively, pending hearing and determination of the appeals therefrom, to direct that the parties' child be returned to her, and to consolidate the appeals.
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 consolidation 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 motion is otherwise denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3781
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-10260 Bankers Trust, as Trustee for Walsh Securities, respondent, v Frank Thompson, a/k/a Frank L. Thompson, appellant. (Index No. 26555/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated October 15, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant, in effect, for leave to serve and file a supplemental appendix on an appeal from an order of the Supreme Court, Queens County, dated September 19, 2002. Cross motion by the respondent for, among other relief, leave to serve and file a supplemental appendix, to strike stated portions of the appellant's appendix on the ground that it contains material dehors the record, and to enlarge the time to serve and file a brief.
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 granted to the extent that, on or before November 13, 2003, the appellant shall file nine copies of a supplemental appendix containing (1) the letter from Abraham Ross to Susan L. McWalters dated July 2, 2001, and (2) the letter from Susan L. McWalters to Sandra K. Calvert dated July 10, 2002, and serve two copies of the supplemental appendix on the respondent, and the motion is otherwise denied; and it is further,
ORDERED that the cross motion is granted to the extent that, on or before November 13, 2003, the appellant shall remove the following pages from its appendix: pages A4 through A41, A43 through A57, A61 through A72, A76 through A77, A83 through A85, A92 through A100, and A108 through A121, and that branch of the cross motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is for leave to serve and file a supplemental appendix is denied as unnecessary (see CPLR 5528[b]) and the respondent, if it be so advised, may serve and file an appendix on or before December 15, 2003; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted and the respondent's time to serve and file a brief is enlarged until December 15, 2003.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3896
S/sl
|
2003-01636, 2003-05377
Karen Briscoe, appellant, v Silicon Valley Group, et al., respondents. (Index No. 2879/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on appeals from (1) an order of the Supreme Court, Dutchess County, dated January 30, 2003, and (2) a judgment of the same court, entered March 2, 2003.
ORDERED that the application is granted, the appellant's time to file a brief is enlarged, and the appellant's brief which was submitted to the Clerk of this court on October 27, 2003, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3920
Y/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2002-02428 Janey Cabibi, respondent, v Melissa Lundrigan, etc., et al., appellants. (Index No. 25110/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2002.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, Melissa Lundrigan, as administrator of the estate of William Warshauer, is substituted for the deceased appellant William Warshauer and the caption is amended accordingly; and it is further,
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 28, 2003, and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3904
L/
|
2002-03970
Carmody, Inc., respondent, v Rossini Contracting Corporation, et al., appellants, Kreisler Borg, et al., defendants. (Index No. 4915/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 15, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3905
L/
|
2003-04852
Commercial Union Insurance Company, et al., respondents-appellants, v Liberty Mutual Insurance Company, et al., defendant third-party plaintiff- respondent, United States Fidelity and Guaranty Company, defendant-appellant-respondent; Maryland Casualty Company, et al., third-party defendants-respondents. (Index No.105/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 21, 2003.
Upon the stipulation of the parties, dated October 4, 2003 and October 8, 2003, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3913
C/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2000-10282 Alice Laraine Dimery, appellant-respondent, v Ulster Savings Bank, respondent-appellant. (Index No. 203/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2003 Calendar", dated September 4, 2003, as dismissed an appeal from a judgment of the Supreme Court, Putnam County, dated October 26, 2000, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated September 4, 2003, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 28, 2003, and the joint record on appeal and the appellant-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.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3910
C/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-06993 Ynelda Gomez, etc., respondent, v Ali Alomisi, d/b/a Saba Deli, etc., et al., appellants. (Index No. 1392/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of any judgment entered in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 17, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3461
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
STEPHEN G. CRANE, JJ.
|
2003-03398 Ramona Jackson, respondent, v Brooklyn Mason Supply Corp., et al., appellants. (Index No. 22640/00)
| 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, Kings County, dated March 10, 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 as academic, in light of the determination of the appeal (see Jackson v Brooklyn Mason Supply Corp., __________AD2d__________ [2d Dept, Oct. 27, 2003]).
ALTMAN, J.P., SMITH, FRIEDMANN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3907
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-01735 Donna Helmers Monaco, et al., respondents, v Long Island Women's Health Care Group, P.C., et al., appellants, et al., defendants.
(Index No. 13127/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated January 29, 2003.
Upon the stipulation of the attorneys for the respective parties, dated September 16, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3921
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-11523 Helen J. Murphy, respondent, v Kissena Drugs, Inc., et al., appellants.
(Index No. 3789/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant Luk's Development USA, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Queens County, dated November 4, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2191
E/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2003-07435 Esther York, appellant, v Joseph York, respondent. (Index No. 11853/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Queens County, dated August 12, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic.
PRUDENTI, P.J., RITTER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3782
M/mv
|
2001-10715
In the Matter of Ernesto Thomas A. (Anonymous). New York Foundling Hospital, et al., respondents; Christine Y. (Anonymous), appellant. (Docket No. B-1671-01)
| SCHEDULING ORDER |
Appeal by Christine Y. from an order of the Family Court, Richmond County, dated October 26, 2001. The appellant's brief was filed in the office of the Clerk of this court on July 29, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 5, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until November 25, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3739
M/mv
|
2003-02705 In the Matter of My'kia A. (Anonymous). Westchester County Department of Social Services, respondent; Idrissa S. (Anonymous), appellant. (Docket No. N-158-02)
| SCHEDULING ORDER |
Appeal by Idrissa S. from an order of the Family Court, Westchester County, dated February 25, 2003. By decision and order on motion of this court dated June 16, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Althea F. Richardson, Esq.
145 North Fifth Avenue
Mount Vernon, New York 10550
(914) 835-6700
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that within 60 days of the date of this order, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that assigned counsel is directed to provide copies of the 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 if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3906
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-11101 In the Matter of American International Insurance Company, appellant, v Benjamin Bates, respondent-respondent, et al., respondents.
(Index No. 6643/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 26, 2002.
Upon the stipulation of the attorneys for the respective parties, dated September 23, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3890
A/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-08676
In the Matter of Mercedes B. (Anonymous), appellant. (Docket No. D-9239-02/03A)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Family Court, Queens County, dated September 8, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right, and we decline to grant leave to appeal (see Family Ct Act § 1112); and it is further,
ORDERED that the motion is denied as academic.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3697
M/mv
|
2002-08253 In the Matter of Samantha B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-3428/01) In the Matter of Jonathan B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-3429/01) In the Matter of Dominic B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket No. N-3430/01) In the Matter Richard B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket No. N-3431/01) In the Matter of Bryan B. (Anonymous). Administration for Children's Services, respondent; Carolina B. (Anonymous), et al., appellants. (Proceeding No. 5) (Docket No. N-3432/01)
| SCHEDULING ORDER |
Appeals by Dominic B. and Caroline B. from an order of the Family Court, Richmond County, dated August 5, 2002. The appellants' briefs were filed in the office of the Clerk of this court on September 18, 2003, and September 30, 2003, respectively. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M3783
M/mv
|
2001-06281, 2002-05764, 2002-05765, 2002-05766 In the Matter of Jumanne C. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Tara C. (Anonymous), appellant. (Docket No. B-21874-99) In the Matter of Eric J. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Tara C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-21875-99) In the Matter of Joy J. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Tara C. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-21876-99)
| SCHEDULING ORDER (Proceeding No. 1) |
Appeals by Tara C. from four orders of the Family Court, Kings County, one dated June 20, 2001, and three dated August 8, 2001. The appellant's brief was filed in the office of the Clerk of this court on August 7, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 4, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeals is enlarged until November 17, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3754
M/mv
|
2003-01179, 2003-01181, 2003-01182
In the Matter of Salvatore C. (Anonymous). Administration for Children's Services, et al., respondents; Salvatore C. (Anonymous), et al., appellants. (Proceeding No. 1) (Docket No. N-00206-01) In the Matter of Salvatore C. (Anonymous). Administration for Children's Services, et al., respondents; Salvatore C. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket No. N-00206-01) In the Matter of Salvatore C. (Anonymous). Administration for Children's Services, et al., respondents; Salvatore C. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket No. N-01002-00)
| ORDER TO SHOW CAUSE |
Appeals by Salvatore C. from an order and judgment (one paper) of the Family Court, Richmond County, dated September 13, 2002, and two orders of the same court, both dated January 29, 2003. By scheduling order dated September 4, 2003, 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 appeals; 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 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; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with the scheduling order dated September 4, 2003, 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 24, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3707
Y/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
|
2003-04594 In the Matter of Brandy Cambridge, appellant, v Scott Alan Cambridge, et al., respondents, (Docket No. V-11733/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated May 13, 2003, inter alia, to unseal the minutes of an in camera interview of the subject child, held on October 22, 2002. Separate motion by the Law Guardian for, among other relief, the issuance of a subpoena directing the respondent father to produce his last two New York City resident tax statements or New York State tax statements.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant is granted only to the extent that the Clerk of the Family Court, Queens County, is directed to transfer the sealed minutes of the in camera interview with the subject child, held on October 22, 2002, to this court for in camera review; and it is further,
ORDERED that the motion by the Law Guardian is denied.
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3746
M/mv
|
2002-07787
In the Matter of Jill Marie Carpenter, appellant, v Gary Paul Whitaker, respondent. (Docket Nos. V-1792/02,V-1793/02)
| SCHEDULING ORDER |
Appeal by Jill Marie Carpenter from an order of the Family Court, Dutchess County, dated July 29, 2002. The appellant's brief was filed in the office of the Clerk of this court on October 7, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M3755
M/mv
|
2003-07617
In the Matter of Ricky D. (Anonymous). Administration for Children's Services, respondent; Marguerite D. (Anonymous), appellant. (Docket No. N-02000/95)
| ORDER TO SHOW CAUSE |
Appeal by Marguerite D. from an order of the Family Court, Kings County, dated October 3, 2002. By scheduling order dated September 5, 2003, 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 proceeding 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. 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 September 5, 2003, 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 14, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3721
M/mv
|
2003-04857 In the Matter of Carolyn DiGiorgi, respondent, v Steven DiGiorgi, appellant. (Docket No. O-2338-01)
| SCHEDULING ORDER |
Appeal by Steven DiGiorgi from an order of the Family Court, Suffolk County, dated May 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 3, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M3778
M/mv
|
2003-02667, 2003-02668 In the Matter of Samuel Diaz, petitioner- respondent, v Joseline Santiago, appellant, Administration for Children's Services, respondent-respondent. (Docket Nos. V-7410-01, V-7411-01)
| SCHEDULING ORDER |
Appeals by Joseline Santiago from two orders of the Family Court, Queens County, both dated February 20, 2003. By decision and order on motion of this court dated October 10, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Lewis S. Calderon, Esq.
90-50 Parsons Blvd. - No. 401
Jamaica, New York 11432
(718) 868-8456
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 10, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) 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), 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 appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3737
M/mv
|
2000-11572 In the Matter of Lynn E. Fegadel-Anderson, appellant, v James B. Anderson, respondent. (Docket No. V-1576-99)
| SCHEDULING ORDER |
Appeal by Lynn E. Fegadel-Anderson from an order of the Family Court, Orange County, dated October 19, 2000. The appellant's brief was filed in the office of the Clerk of this court on June 9, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 25, 2003, in the above-entitled proceeding is amended to provide that the time of the Law Guardian to serve and file a brief in the above-entitled appeal is enlarged until November 15, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3740
M/mv
|
2003-05652
In the Matter of Stephone H. (Anonymous), appellant. (Docket No. D-906-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Orange County, dated May 20, 2003. By decision and order on motion of this court dated October 7, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Salvatore C. Adamo, Esq.
350 Fifth Avenue #3304
New York, New York 10118
(212) 964-317983
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 7, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3738
M/mv
|
2002-10453 In the Matter of Jacqueline Hoey, appellant, v Thomas Kennedy, respondent. (Docket No. F-1112-99)
| SCHEDULING ORDER |
Appeal by Jacqueline Hoey from an order of the Family Court, Nassau County, dated September 30, 2002. The appellant's brief was filed in the office of the Clerk of this court on October 2, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M3919
C/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-03385 In the Matter of Jessica M. Hutchison, appellant, v Albert J. Pirro, Jr., respondent. (Docket Nos. F-10801-02)
| DECISION & ORDER ON MOTION |
Appeal by Jessica M. Hutchison from an order of the Family Court, Westchester County, dated March 18, 2003. By order to show cause dated October 6, 2003, 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 August 18, 2003, issued pursuant to 22 NYCRR 670.4(a).
Upon the papers filed in support of the order to show cause and opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the scheduling order dated August 18, 2003, is amended to provide 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 the brief on the appeal is enlarged until December 18, 2003.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3771
M/mv
|
2003-02349, 2003-02350 In the Matter of Daniel J. (Anonymous), appellant. (Docket No. D-1794-02)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Richmond County, dated September 25, 2002, and February 11, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on October 9, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M1959
M/mv
|
2002-08325, 2002-10139 In the Matter of Shondel Jackson, respondent, v Mark DeSouza, appellant. (Docket No. P-06630/00)
| SCHEDULING ORDER |
Appeals by Mark DeSouza from two orders of the Family Court, Kings County, dated August 8, 2002, and September 27, 2002, respectively. The appellant's brief was filed in the office of the Clerk of this court on June 30, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated July 28, 2003, in the above-entitled proceeding is amended to provide that the Law Guardian's time to serve and file a brief in the above-entitled appeals is enlarged until October 31, 2003, and the appellant's time to serve and file a reply brief is enlarged until November 14, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3776
M/mv
|
2003-03854
In the Matter of Kathi Jessup, respondent, v Donald LaBonte, appellant. (Index No. F-771-02)
| SCHEDULING ORDER |
Appeal by Donald LaBonte from an order of the Family Court, Westchester County, dated March 25, 2003. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that within 60 days of the date of this order, the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that the appellant is directed to provide copies of the transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when the appellant's brief is served upon those parties; and it is further,
ORDERED that if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3749
M/mv
|
2002-02773 In the Matter of Ella Joyner, appellant, v Iva Joyner, et al., respondents. (Docket No. V-10882/99)
| SCHEDULING ORDER |
Appeal by Ella Joyner from an order of the Family Court, Kings County, dated February 20, 2002. The appellant's brief was filed in the office of the Clerk of this court on July 25, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 7, 2003, in the above-entitled proceeding is amended to provide that the time of the respondents to serve and file a brief in the above-entitled appeal is enlarged until November 12, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3917
Y/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-01407 In the Matter of Joseph K. (Anonymous). Leeor K. (Anonymous), et al., appellants-respondents; Marek R. (Anonymous), respondent-appellant. (Index No. 26339-I-00)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to enlarge the time to perfect an appeal from a counter judgment of the Supreme Court, Nassau County, dated January 6, 2003, and cross motion by the respondent-appellant for the same relief.
Upon the papers filed in support of the motion and cross motion and the papers filed in relation thereto, it is
ORDERED that the motion and cross motion are granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until December 15, 2003, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time will be granted to the appellants-respondents; and it further
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3753
M/mv
|
2003-06793
In the Matter of Tshibola K. Kamba, respondent, v Mbambi M. Kamba, appellant. (Docket Nos. O-60-03, V-201-03, V-202-03, V-236-03, V-237-03)
| ORDER TO SHOW CAUSE |
Appeal by Mbambi M. Kamba from an order of the Family Court, Dutchess County, dated June 25, 2003. By scheduling order dated September 2, 2003, 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 proceeding 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. 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 September 2, 2003, 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 14, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3751
M/mv
|
2003-06619
In the Matter of Carol Karp, respondent, v Kevin Cornelius, appellant. (Docket No. F-6070-02)
| ORDER TO SHOW CAUSE |
Appeal by Kevin Cornelius from an order of the Family Court, Suffolk County, dated June 18, 2003. By scheduling order dated September 4, 2003, 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 proceeding 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. 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 September 4, 2003, 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 14, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3788
M/mv
|
2003-07294
In the Matter of Lida Kholasechi, appellant, v Yo-Ab Massih Israelian, respondent. (Docket No. F-01599/97)
| ORDER TO SHOW CAUSE |
Appeal by Lida Kholasechi from an order of the Family Court, Kings County, dated June 30, 2003. By scheduling order dated September 5, 2003, 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 proceeding 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. 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 September 5, 2003, 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 14, 2003; 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
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3898
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER, JJ.
|
2003-05165
In the Matter of Keith M. Krasnove, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Keith M. Krasnove, respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner pursuant to 22 NYCRR 691.3 to impose discipline on the respondent based upon disciplinary action taken against him by the Supreme Court of Florida. The respondent was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 6, 1974, under the name Keith Martin Krasnove. By opinion and order of this court dated August 17, 1998, he was suspended from the practice of law for a period of two years based on his suspension in the State of Florida for a period of one year. By further opinion and order of this court dated October 25, 1999, he was suspended for an additional three years based on another one-year suspension in the State of Florida.
By order of the Supreme Court of Florida dated October 22, 2002, the respondent was disbarred in that State "with leave to reapply in five years nunc pro tunc August 17, 1997." The Florida misconduct was predicated upon, inter alia, the respondent's failure to promptly notify a client of his prior suspension and his misrepresentations to the court and the Florida Bar regarding his continued representation of that client.
On May 16, 2003, the Grievance Committee served upon the respondent a copy of the notice pursuant to 22 NYCRR 691.3(d), informing him of his right to interpose certain enumerated defenses to the imposition of discipline in New York. The respondent submitted a verified statement in reply to the Grievance Committee's motion in which he asserted that there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that this court could not, consistent with its duties, accept as final the finding of the Florida court and that the imposition of discipline by this court would be unjust.
Upon the papers submitted in support of the motion and the papers submitted in response thereto, it is
ORDERED that the petitioner's motion is held in abeyance pending a hearing, upon the respondent's request, pursuant to 22 NYCRR § 691.3(d); and it is further,
ORDERED that a hearing shall be conducted before the Honorable Herbert A. Posner, a retired Judge of the New York State Supreme Court, Queens County, 1118 Bay 24th Street, Bayswater, N.Y. 11691, as Special Referee, to hear and report on the findings of the Florida court and the respondent's arguments with respect thereto.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3774
M/mv
|
2003-01811 In the Matter of Robert David L. (Anonymous). Suffolk County Department of Social Services, respondent; Patricia W. (Anonymous), appellant. (Docket No. B-9597-02)
| SCHEDULING ORDER |
Appeal by Patricia W. from an order of the Family Court, Suffolk County, dated January 28, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated May 16, 2003, in the above-entitled proceeding is amended to provide 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 the brief on the appeal is enlarged until November 17, 2003.
ENTER:
James Edward Pelzer
Clerk
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
M3794
M/mv
|
2002-01999, 2002-02002, 2003-01003 In the Matter of Shade L. (Anonymous). CWA-Queens, et al., respondents; Norbert L. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N12772/00) In the Matter of Angelique M. (Anonymous). CWA-Queens, et al., respondents; Norbert L. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N12270/00)
| SCHEDULING ORDER |
Appeals by Norbert L. from three orders of the Family Court, Queens County, two dated January 23, 2002 (Appellate Division Docket Numbers 2002-01999 and 2002-02002), and one dated December 11, 2002 (Appellate Division Docket Number 2003-01003). The appellant's brief was filed in the office of the Clerk of this court on May 8, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 11, 2003, in the above-entitled proceedings is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeals is enlarged until November 17, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3734
M/mv
|
2003-04174, 2003-04176 In the Matter of Kyle M. (Anonymous). New York Foundling Hospital, respondent; Allison M. (Anonymous), appellant. (Docket No. B-14695-01)
| SCHEDULING ORDER |
Appeals by Allison M. from two orders of the Family Court, Queens County, dated April 22, 2003, and June 7, 2002. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 23, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent and the law guardian, if any, to serve and file a brief in the above-entitled appeals is enlarged until November 20, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3723
M/mv
|
2003-03657 In the Matter of Marquis M. (Anonymous), appellant. (Docket No. D-18323-00)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Kings County, dated April 1, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated May 22, 2003, in the above-entitled proceeding is amended to provide 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 the brief on the appeal is enlarged until November 14, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3694
M/mv
|
1999-07496 In the Matter of Miyani M. (Anonymous). Commissioner of Social Services, respondent; George T. (Anonymous), appellant. (Docket No. 23235/97)
| SCHEDULING ORDER |
Appeal by George T. from an order of the Family Court, Kings County, dated June 15, 1999. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 27, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent and the law guardian to serve and file their respective briefs in the above-entitled appeal is enlarged until November 21, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3773
M/mv
|
2003-01265
In the Matter of Michelle Mais, appellant, v David Jarrett, respondent. (Docket No. F-03927/95)
| SCHEDULING ORDER |
Appeal by Michelle Mais from an order of the Family Court, Kings County, dated January 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 10, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the respondent's brief shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M3728
M/mv
|
2002-10015 In the Matter of Jeffrey McG. (Anonymous), appellant; Commissioner of Social Services, respondent. (Docket No. S-05440-00)
| SCHEDULING ORDER |
Appeal by Jeffrey McG. from an order of the Family Court, Dutchess County, dated October 1, 2002. By decision and order on motion of this court dated August 6, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Del Atwell, Esq.
P.O. Box 2516
Montauk, New York 11954
(631) 267-2067
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that within 60 days of the date of this order, counsel for the appellant shall perfect the appeal or submit an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that assigned counsel is directed to provide copies of the 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 if the appeal has not been perfected or withdrawn within 60 days of the date of this order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3748
M/mv
|
2003-02078 In the Matter of Valerie Meekins, respondent, v Maurice Dudley, appellant. (Docket No. F-884-00)
| SCHEDULING ORDER |
Appeal by Maurice Dudley from an order of the Family Court, Kings County, dated February 5, 2003. By decision and order of this court dated October 7, 2003, the appellant's renewed motion for leave to prosecute the above-entitled appeal as a poor person was denied. 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 appellant receives the transcripts of the minutes of the action in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes of action to be transcribed, the appeal in the above-entitled proceeding shall be perfected 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 and paid for, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3780
M/mv
|
2003-04288 In the Matter of New Alternatives for Children, respondent, v Lori Lynn F. (Anonymous), a/k/a Lori B. (Anonymous), et al., appellants. (Docket No. B-15416/02)
| SCHEDULING ORDER |
Appeal by Louis Davis B. from an order of the Family Court, Kings County, dated April 25, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 24, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M3743
M/mv
|
2003-07136
In the Matter of Carlos P. (Anonymous), appellant. (Docket No. D-3242-03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Orange County, dated August 13, 2003. By decision and order on motion of this court dated October 10, 2003, the following named attorney was assigned to represent the appellant on the appeal:
Jessica Bacal, Esq.
101 Katonah Avenue # 2
Katonah, New York 10536
(914) 767-9290
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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M3718
M/mv
|
2002-10134 In the Matter of Virginia Pacheco, appellant, v Melinda Morales, et al., respondents. (Docket No. V-04058/96)
| SCHEDULING ORDER |
Appeal by Virginia Pacheco from an order of the Family Court, Kings County, dated September 30, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 20, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until November 21, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3696
M/mv
|
2003-00661
In the Matter of Miral Plovnick, respondent, v Avi Klinger, appellant. (Docket No. V-3614-01)
| SCHEDULING ORDER |
Appeal by Avi Klinger from an order of the Family Court, Nassau County, dated December 10, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 20, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent and the law guardian to serve and file a brief in the above-entitled appeal is enlarged until November 3, 2003, and the appellant's time to serve and file a reply brief, if any, is enlarged until November 18, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3916
Y/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2003-02545 In the Matter of David Putland, appellant, v William Grady, respondent. (Docket No. 5668/02)
| DECISION &ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Dutchess County, dated February 7, 2003.
Upon the papers filed in support of the motion and no papers having been 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 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 January 30, 2004.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3735
M/mv
|
2002-04839 In the Matter of Donovan R. (Anonymous). Angel Guardian Children and Family Services, Inc., appellant; Affette R. (Anonymous), respondent. (Docket No. B-25269/98)
| SCHEDULING ORDER |
Appeal by the petitioner from an order of the Family Court, Kings County, dated April 4, 2002. The appellant's brief was filed in the office of the Clerk of this court on October 6, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M3726
M/mv
|
2002-08480 In the Matter of Balaam Obet Razo, appellant, v Maria Leyva, et al., respondents. (Docket No. V-27188/01)
| SCHEDULING ORDER |
Appeal by Balaam Obet Razo from an order of the Family Court, Kings County, dated July 26, 2002. The original papers in the above-entitled appeal were filed in the office of the Clerk of this court on April 9, 2003. The appellant's brief was filed in the office of the Clerk of this court on June 16, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 23, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until November 5, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3724
M/mv
|
2002-08024, 2002-08025, 2002-08026, 2002-08027
In the Matter of Lisa Rosemore, respondent, v Sheldon Lynch, appellant. (Proceeding No. 1) In the Matter of Sheldon Lynch, appellant, v Lisa Rosemore, respondent. (Proceeding No. 2) (Docket Nos. V-20767/99, V-027959/00, V-04957/01, O-07267/01, O-19811/99)
| ORDER TO SHOW CAUSE |
Appeals by Sheldon Lynch from four orders of the Family Court, Kings County, all dated July 9, 2002. By scheduling order dated August 20, 2003, 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 appeals; 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 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; or
(5) an affidavit or an affirmation withdrawing the appeals.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with the scheduling order dated August 20, 2003, 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 14, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3823
T/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
|
2003-08633 In the Matter of Miracle S. (Anonymous). Administration for Children's Services, appellant; Clarence J. (Anonymous), et al., respondents. (Docket No. N-11129/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, Administration for Children's Services to stay enforcement of an order of the Family Court, Kings County, dated October 2, 2003, and to remand the subject child to its custody 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, enforcement of the order dated October 2, 2003, is stayed, and the subject child is remanded to the custody of the Administration for Children's Services pending hearing and determination of the appeal.
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3750
M/mv
|
2003-03948 In the Matter of Tobie Saren, appellant, v Vincent Palma, Jr., respondent. (Docket No. F-610-02)
| SCHEDULING ORDER |
Appeal by Tobie Saren from an order of the Family Court, Suffolk County, dated March 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 7, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M3790
M/mv
|
2002-11029 In the Matter of Darlene Simmons, appellant, v Andrew Budney, respondent. (Docket No. V-07025/00)
| SCHEDULING ORDER |
Appeal by Darlene Simmons from an order of the Family Court, Kings County, dated November 6, 2002. The appellant's brief was filed in the office of the Clerk of this court on August 27, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 5, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent and the law guardian to serve and file their briefs in the above-entitled appeal is enlarged until December 4, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3786
M/mv
|
2003-07296
In the Matter of Robert Staiti, appellant, v Linda Staiti, a/k/a Linda Bezinyan, respondent. (Docket No. V-19225/02)
| ORDER TO SHOW CAUSE |
Appeal by Robert Staiti from an order of the Family Court, Kings County, dated May 15, 2003. By scheduling order dated September 5, 2003, 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 proceeding 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. 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 September 5, 2003, 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 14, 2003; 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3779
M/mv
|
2002-07989, 2002-07990 In the Matter of Jeremiah Kwimea T. (Anonymous). Pius XII Youth & Family Services, et al., respondents; Jeremiah T. (Anonymous), Sr., et al., appellants. (Docket No. B-579/00)
| SCHEDULING ORDER |
Appeals by Jeremiah T., Sr., from an order and findings of fact of the Family Court, Queens County, both dated August 5, 2002. The original papers in the above-entitled appeal were filed in the office of the Clerk of this court on March 7, 2003, March 28, 2003, and April 23, 2003. The brief of the appellant Patricia Perry was filed on August 8, 2003. By decision and order on motion of this court dated August 27, 2003, the motion of the appellant Jeremiah T., Sr., to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Andrew J. Calcagno, Esq.
186 No. Avenue East - Suite 101
Cranford, New York 07016
(908) 272-7300
Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 25, 2003, in the above-entitled proceeding is amended to provide that the time of the appellant Jeremiah T., Sr., to serve and file a brief in the above-entitled appeal is enlarged until November 17, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3695
M/mv
|
2003-02507 In the Matter of Dominique W. (Anonymous). Administration for Childrens' Services, petitioner-respondent; Lucy C. (Anonymous), et al., respondents-respondents; Juana D. (Anonymous), intervenor-appellant. (Docket No. N-8825-02)
| SCHEDULING ORDER |
Appeal by Juana D. from an order of the Family Court, Queens County, dated February 20, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 18, 2003, in the above-entitled proceeding is amended to provide 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 the brief on the appeal is enlarged until November 10, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3766
M/mv
|
2003-00110 In the Matter of Thomas Z. (Anonymous). Dutchess County Department of Social Services, et al., respondents; Thomas Z. (Anonymous), appellant. (Docket No. B-08072/01)
| SCHEDULING ORDER |
Appeal by Thomas Z. from an order of the Family Court, Dutchess County, dated November 25, 2002. The appellant's brief was filed on July 17, 2003. By decision and order on motion of this court dated October 7, 2003, the following named attorney was assigned as the Law Guardian to represent the child:
Neal D. Futerfas, Esq.
50 Main Street, # 1000
White Plains, New York 10606
(914) 682-2171
Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated July 28, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until November 18, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3899
A/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-05397 In the Matter of Jane Zullo, respondent, v George Hom, appellant. (Docket No. F-3296/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated May 20, 2003, as a poor person, and for the assignment of counsel.
On the court's own motion, it is
ORDERED that the appeal is dismissed without costs or disbursements, on the ground that the appellant is not aggrieved by the order appealed from (see CPLR 5511); and it is further,
ORDERED that the motion is denied as academic.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3806
K/sl
WILLIAM F. MASTRO, J.
|
2003-08046
The People, etc., respondent, v Arthur Alex, appellant. (Ind. No. 9678/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered September 10, 2003, 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.
WILLIAM F. MASTRO
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3923
O/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2002-11251 The People, etc., respondent, v Ralik Bailey, appellant. (Ind. No. 1319/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a purported judgment of the Supreme Court, Kings County, dated October 10, 2002, for leave to prosecute the appeal from the purported judgment as a poor person, and for the assignment of counsel. By order to show cause dated September 29, 2003, the defendant was directed to show cause before this court why an order should not be entered dismissing the appeal from the purported judgment on the ground that no appeal lies from the purported judgment, and the defendant's motion for leave to prosecute the appeal from the purported judgment as a poor person and for the assignment of counsel was held in abeyance in the interim.
Now, on the court's own motion, and upon the papers filed in opposition to the order to show cause, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, as the purported appeal is nothing more than a proceeding to cause a judgment of the same court rendered December 15, 1995, to be brought to execution (see People v Crawford, 239 AD2d 514); and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3545
F/
SONDRA MILLER, J.
|
2003-06064
The People, etc., plaintiff, v Raul Dominguez, defendant. (Ind. No. 394/92)
| 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, Queens County, dated June 4, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
SONDRA MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3502
F/
THOMAS A. ADAMS, J.
|
2003-08178
The People, etc., plaintiff, v Christopher Kelly, defendant. (Ind. No. 4301/90)
| 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, Queens County, dated June 11, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3903
A/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
HOWARD MILLER
STEPHEN G. CRANE, JJ.
|
2001-10012, 2001-10014 The People, etc., respondent, v Troy Magee, appellant. (Ind. Nos. 2077/00, 1932/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeals from two judgments of the County Court, Suffolk County, both rendered October 29, 2001, inter alia, to be provided with copies of certain trial exhibits.
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 the Clerk of this Court shall provide copies of the exhibits to the appellant.
ALTMAN, J.P., SMITH, H. MILLER and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3908
C/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2001-02966 The People, etc., respondent, v Anson Whitted, appellant. (Ind. No. 00-00394)
| DECISION & ORDER ON MOTION |
Motion by the appellant for the assignment of counsel to make an application for leave to appeal to the Court of Appeals from a decision and order of this court dated September 9, 2002 (People v Whitted, 297AD2d 906), which affirmed a sentence of the Supreme Court, Westchester County, imposed February 22, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied (see People v Shabazz, 99 NY2d 634).
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M2426
L/
SONDRA MILLER, J.
|
2003-05289
The People, etc., plaintiff, v James Williams, defendant. (Ind. No. 970/74)
| 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 April 18, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is for leave to appeal from so much of the order as denied that branch of the defendant's motion which was pursuant to CPL 440.30(1-a) is denied as unnecessary as that portion of the order is appealable as of right (see CPL 450.10[5]); and it is further,
ORDERED that the application is otherwise denied.
SONDRA MILLER
Associate Justice