Appellate Division: Second Judicial Department
M17377
C/sl
MYRIAM J. ALTMAN, J.P.
NANCY E. SMITH
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
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2003-05931 Robert Augustine, appellant, v John N. Sugrue, respondent, et al., defendants. (Index No. 13376/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated April 30, 2003, which was determined by decision and order of this court dated June 21, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17551
S/nal
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2004-02116
Jeffrey Bertone, appellant, v Mary Ann Bertone, etc., respondent. (Index No. 13550/95)
| 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, Westchester County, entered January 22, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 1, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17382
C/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2003-04417 Guy Bogart, et al., respondents, v Robert Roven, et al., appellants. (Index No. 206/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Orange County, dated March 13, 2003, which was determined by decision and order of this court dated June 28, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., FLORIO, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17380
PL/sl
ANITA R. FLORIO, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-01246 Nachman Brach, appellant, v Ishak Fried, et al., respondents. (Index No. 429/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated October 14, 2004, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the respondent Isaac Deutsch on an appeal from an order of the Supreme Court, Kings County, dated November 25, 2003, inter alia, to strike the record on appeal and the appellant's brief, on the ground that the caption names as defendants individuals who were never parties to this action, or in the alternative, to enlarge his time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to strike the record on appeal and the appellant's brief are granted to the extent that on or before November 15, 2004, the appellant shall delete from the caption on the copies of the record on appeal and his brief on file with this court, and from his statement pursuant to CPLR 5531, the name Leonard Lederich, and shall delete the word "defendant" from the portion thereof which names Harold M. Hoffman as an additional non-party defendant-respondent, and those branches of the motion are otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the respondent Isaac Deutsch to serve and file a brief is granted, and the time of the respondent Isaac Deutsch to serve and file a brief is enlarged until December 15, 2004.
FLORIO, J.P., MASTRO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17558
S/nal
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2004-01150
Pamela Brandes, respondent, v North Shore University Hospital, et al., appellants, et al., defendants.
(Index No. 5965/97)
| ORDER ON APPLICATION |
Application by the appellants North Shore University Hospital, I. Michael Leitman, Larry Andrew Frankini, and Robert Allen Cherry, 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 January 5, 2004.
ORDERED that the application is granted and the movants' reply brief shall be served and filed on or before November 8, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17561
S/nal
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2004-01760
John K. Crossman, et al., appellants, v John Zappia, et al., respondents. (Index No. 17236/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated January 26, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 27, 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
M17535
C/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2003-09515, 2004-02819
Hermione DuMorne, et al., appellants, v Carl Kemel-Pierre, etc., et al., respondents. (Index No. 26972/94)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 2004 Calendar", dated August 16, 2004, as dismissed an appeal from an order of the Supreme Court, Queens County, dated September 11, 2003 (Appellate Division Docket No. 2003-09515), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, and to reinstate the appeal. Cross motion by the respondents Matthew Ackert and Saint Johns Queens Hospital Division of Catholic Medical Center of Brooklyn & Queens to dismiss an appeal from a judgment of the same court entered November 18, 2003 (Appellate Division Docket No. 2004-02819) on the ground that the issues raised on that appeal can only be raised on the appeal from the order dated September 11, 2003, or to enlarge the time to serve and file their brief on that appeal. Separate cross motion by the respondent Carl Kemel-Pierre for the same relief.
Upon the papers filed in support of the motion and cross motion and the papers filed in relation or opposition thereto, it is
ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion of this court dated August 16, 2004, as dismissed the appeal from the order dated September 11, 2003, is granted; and it is further,
ORDERED that on the court's own motion, the appeal from the order dated September 11, 2003, is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated with entry of the judgment entered November 18, 2003 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the branches of the cross motions which are to dismiss the appeal from the judgment are denied; and it is further,
ORDERED that the branches of the cross motions which are to enlarge the time to serve and file the movants' respective briefs on the appeal from the judgment are granted; the movants shall serve and file their respective briefs on or before November 29, 2004.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17600
CF/
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2004-06785 Douglas W. Eames, appellant, v Elizabeth Eames, respondent. (Index No. 15929/91)
| 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 June 18, 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
M17565
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2004-08642 Devorah Etzion, etc., respondent, v Rafael Etzion, et al., defendants, Coleccion de Santa, S.A., appellant. (Index No. 10489/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 3, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17487
R/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-07839 David Fishler, appellant, v Susan Fishler, respondent.
(Index No. 648/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 4, 2004, on the ground that the order is not appealable as of right and leave to appeal has not been granted.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order which does not decide a motion made upon notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal.
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17601
CF/
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2004-07069 Marguerite Gil, et al., appellants, v New York City Housing Authority, respondent. (and a third-party action). (Index No. 44699/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 1, 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
M17598
CF/
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2004-06227 Stephen Gretchyn, appellant, v Kinza M. Ghaznaui, et al., respondents. (Index No. 734/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated June 17, 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
M17552
C/nal
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2004-07111
Mary K. Henning, appellant-respondent, v Robert A. Ritz, respondent-appellant. (Index No. 14027/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal from an order of the Supreme Court, Westchester County, entered July 20, 2004, in effect, to amend so much of a decision and order on motion of this court, dated September 2, 2004, as conditioned a stay of enforcement of the order entered July 20, 2004, upon her perfection of the appeal on or before October 4, 2004.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated September 2, 2004, is amended by deleting from the decretal paragraphs thereof the date "October 4, 2004," and substituting therefor the date "November 29, 2004."
ADAMS, J.P., RIVERA, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17396
C/sl
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
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2003-01965 Christopher Hiraldo, etc., et al., appellants, v Allstate Insurance Company, respondent, et al., defendants. (Index No. 5586/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 1, 2004, which determined an appeal from an order of the Supreme Court, Kings County, dated January 7, 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.
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17562
S/nal
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2004-05925
Carolina Jimenez, respondent, v T. J. Maxx, Inc., etc., appellant. (Index No. 27068/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated June 10, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 22, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17620
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-02835, 2004-03940, 2004-08502
Concetta Lucchese, et al., appellants, v Evan S. Silverman, et al., defendants, City of New York, respondent. (Index No. 26239/95)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated February 25, 2004, and August 24, 2004, respectively, and a judgment of the same court, also dated February 25, 2004, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeals
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 20, 2004; and it is further,
ORDERED that in the event the appeals are not perfected on or before December 20, 2004, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17568
Y/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-04826 Amir Mohammed, respondent, v Paul Stuart, Inc., appellant. (Index No. 17700/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 18, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17560
S/nal
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2004-01955
Sarinna Morgan, et al., appellants, v New York City Transit Authority, respondent. (Index No. 49562/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered January 16, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 27, 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
M17612
CF/
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2004-02148 Catherine Nettesheim, et al., respondents- appellants, v Dorothea J. Simonsen, appellant-respondent, et al., defendant. (Index No. 12525/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated January 16, 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 cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17559
C/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
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2004-04324 Witold Nienajadlo, respondent, v Informart New York, LLC, defendant third-party plaintiff, Tishman Technologies, appellant; Safeway Environmental, third-party defendant-respondent. (Index No. 31242/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 23, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., LUCIANO, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17473
CF/
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2004-01311 The People of the State of New York, o/b/o Salvatore Morocco, Jr., respondent, v Tara M. Morocco, a/k/a Tara Caporicci, appellant. (Ind. No. 899/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 11, 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
M17391
C/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
HOWARD MILLER, JJ.
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2004-05692 Rubin Sterngass, plaintiff, v Town Board of Town of Clarkstown, et al., defendants. (Index No. 7695/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff on an appeal from an order of the Supreme Court, Rockland County, dated May 26, 2004, for leave to appeal to the Court of Appeals from the May 26, 2004 order pending determination of the appeal by this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SANTUCCI, FLORIO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17524
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
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2004-09016 Zaina Nagi Thabet, appellant, v William Barker, respondent. (Index No. 20114/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 9, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17594
L/
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2004-04437
Jose Tinizhanay, respondent, v Winfat Realty, Inc., appellant, et al., defendants. (Index No. 16377/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated April 28, 2004.
Upon the stipulation of the attorneys for the respective parties, dated October 20, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17395
C/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
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2003-08363 Lada Weinberg, appellant, v Remyco, Inc., d/b/a New York Wholesale, et al., respondents. (Index No. 9673/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated July 19, 2004, which determined an appeal from an order of the Supreme Court, Queens County, dated August 19, 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.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17484
R/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
SONDRA MILLER
DANIEL F. LUCIANO, JJ.
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2003-02608 Roger Wootton, appellant, v Board of Trustees of Locust Valley Library, et al., respondents. (Index No. 12589/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, entered March 12, 2003, which was determined by decision and order of this court dated May 24, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17574
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2003-09998 In the Matter of Allstate Insurance Company, appellant, v Faustino Albino, et al., respondents. (Index No. 17815/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 18, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 29, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time will be granted.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17463
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2004-07586 In the Matter of Craig Robert B. (Anonymous), Jr. a/k/a Craig B. (Anonymous). St. Christopher-Ottilie, petitioner-respondent; Craig B. (Anonymous), appellant, et al., respondent. (Docket No. B-6535-99)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated August 16, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
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 counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Larry S. Bachner, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(917) 378-0176
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., ADAMS, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17493
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-07965, 2004-08646 In the Matter of David A. B. (Anonymous), appellant. (Docket No. D-11652-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Nassau County, dated August 2, 2004, and September 1, 2004, respectively 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 or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Bruce M. Loren, 3938 Jerusalem Avenue, Seaford, New York 11783, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Gail Jacobs, Esq.
47 Rose Avenue
Great Neck, New York 11021
(516) 773-3107
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
H. MILLER, J.P., ADAMS, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17548
C/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2003-02549, 2003-02862, 2003-02863 In the Matter of Dayjah Ann B. (Anonymous), a/k/a Dayjah B. (Anonymous). St. Christopher-Ottillie, respondent; Verron V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-9943/99) In the Matter of Daauwd David Michael Muhammad B. (Anonymous), a/k/a Daauwd B. (Anonymous). St. Christopher-Ottillie, respondent; Verron V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-9944/99) In the Matter of Koran Hassan Muhammed V. (Anonymous), a/k/a Koran V. (Anonymous). St. Christopher-Ottillie, respondent; Verron V. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-4647/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to serve and file a supplemental pro se brief on appeals from three orders of the Family Court, Kings County, all dated February 19, 2003 (one in each proceeding).
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17449
F/
ANITA R. FLORIO, P.J.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-02771, 2004-02773
In the Matter of Jacob C. (Anonymous). Suffolk County Department of Social Services, respondent; Dawn C. (Anonymous). (Docket No. B-9092-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Suffolk County, both dated March 22, 2004, as a poor person, and for the assignment of counsel.
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 appeals 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 m intues 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 appeals, 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 appeals:
Michael S. Bromberg, Esq.
44 Hampton Street
Box 2112
Sag Harbor, New York 11963
(613) 725-0641
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
FLORIO, J.P., KRAUSMAN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17456
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-06859, 2004-06861, 2004-06862, 2004-06863, 2004-06864, 2004-06865 In the Matter of Marc David D. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tanisha Lovinia D. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Ashley D. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Elijah Pierre D. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Samuel D. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Shaminique P. (Anonymous). St. Vincent's Services, Inc., et al., respondents; Ginette P. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. B-10122-01, B-10123-01,) B-10124-01, B-10125-01, B-10127-01, B-10128-01)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute appeals from six orders of the Family Court, Kings County, all dated June 25, 2004, and for leave to the appellant to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeals 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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 appeals, 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 appeals:
Pauline E. Braun, Esq.
43 Edgewood Road
P. O. Box 9
Valley Stream, New York 11582-0009
(516) 872-4080
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
FLORIO, J.P., KRAUSMAN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17460
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-04507 In the Matter of Narda De La Cruz, respondent, v Achilles Colon, appellant. (Docket No. 0-13442-04)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on an appeal from an order of the Family Court, Kings County, dated May 7, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the attorney for the respondent, Julie Chartoff, Brooklyn Legal Services, Corp. A., 256-60 Broadway, Brooklyn, New York 11211, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent:
Pauline E. Braun, Esq.
43 Edgewood Road
P. O. Box 9
Valley Stream, New York 11582-0009
(516) 872-4080
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17505
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-03434 In the Matter of Adarella Deylii, respondent, v Kenneth Hayden, Sr., appellant. (Docket No. F-7489-02)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated May 11, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Alex Smith, Esq.
41 Dolson Avenue
P. O. Box 578
Middletown, New York 10940
(845) 344-4322
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17465
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-06747
In the Matter of Anesia E. (Anonymous). Administration for Children's Services, respondent; Antoinette W. (Anonymous), appellant. (Docket No. N-3877-02)
| 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, Kings County, dated July 9, 2004, 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 or relation thereto, it is
ORDERED that the motion 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 m intues 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:
Mark W. Brandys, Esq.
26 Court Street - Suite 1215
Brooklyn, New York 11242
(718) 624-4010
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., ADAMS, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17510
F/
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-06623, 2004-09321 In the Matter of Carl F. (Anonymous), appellant. (Docket No. D-00433-04)
| 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 April 21, 2004, as a poor person, and for the assignment of counsel.
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 Law Guardian, David I. Bliven, 90-50 Parsons Blvd., Suite 401C, Jamaica, New York 11432, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Jeffrey Bluth, Esq.
415 Albermarle Road
Brooklyn, New York 11218
(718) 435-5357
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17471
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-05687 In the Matter of Teneshia F. (Anonymous). Angel Guardian-St. Mary's Children & Family Services, et al., respondents; Criscilla F. (Anonymous), appellant. (Docket No. B-24856-01)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated May 12, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition and in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Sarah Ann Tirgary, Esq.
90-50 Parsons Blvd. - Suite 401G
Jamaica, New York 11432
(718) 725-1200
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
H. MILLER, J.P., ADAMS, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17472
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-05687
In the Matter of Teneshia F. (Anonymous). Angel Guardian-St. Mary's Children & Family Services, et al., respondents; Criscilla F. (Anonymous), appellant. (Docket No. B-24856-01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Kings County, dated May 12, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Vivienne M. Hewitt, 26 Court Street, Suite 2506, Brooklyn, New York 11242, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:
Todd Kadish, Esq.
PMB #2264
1412 Avenue M
Brooklyn, New York 11230
(917) 968-1811
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17475
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-07873, 2004-07874
In the Matter of H. (Anonymous), Children. Episcopal Social Services, appellant; Ada H. (Anonymous), respondent. (Docket Nos. B-25284-02, B-25285-02, B-25286-02, B-16066/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on appeals from two orders of the Family Court, Kings County, dated March 31, 2004, and August 13, 2004, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the attorney for the respondent, Daniel H. Levy, Esq., 41 Schermerhorn Street, Suite 311, Brooklyn, New York 11201, is directed to turn over all papers in the action to the new attorney for the respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent:
Peter H. Dailey, Esq.
420 Riverside Drive - Suite 2E
New York, New York 10025
(212) 678-6238
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17492
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-07873, 2004-07874 In the Matter of H. (Anonymous), Children. Episcopal Social Services, appellant; Ada H. (Anonymous), respondent. (Docket Nos. B-25284-02, B-25285-02, B-25286-02, B-16066/01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the children on appeals from two orders of the Family Court, Kings County, dated March 31, 2004, and August 13, 2004, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is granted, and the Law Guardian, Randi L. Karmel, Esq., 308 Atlantic Avenue, Second Floor, Brooklyn, New York 11201, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the children:
Mark W. Brandys, Esq.
26 Court Street - Suite 1215
Brooklyn, New York 11242
(718) 624-4010
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17587
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-06115 In the Matter of Jennifer L. Hatcher, respondent, v Paul J. Fisichella, appellant. (Docket Nos. V-11488-03, V-16436-03)
| DECISION & ORDER ON MOTION |
Appeal by Paul J. Fisichella from an order of the Family Court, Suffolk County, dated June 9, 2004. By order to show cause dated September 20, 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 28, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 28, 2004 (see 22 NYCRR 670.4[a][5]).
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17466
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-08187
In the Matter of Fatia I. (Anonymous), appellant. (Docket No. D-38069-03)
| 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, Kings County, dated September 14, 2004, 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 or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Michael D. Carlin, 40 Exchange Place, Suite 1706, New York, New York 10005, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Richard L. Herzfeld, Esq.
555 Fifth Avenue - 14th Floor
New York, New York 10017
(212) 818-9019
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
H. MILLER, J.P., ADAMS, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17495
F/
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-08087
In the Matter of Desiree L. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dylan L. (Anonymous). Dutchess County Department of Social Services, respondent; David L. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-00527-04, N-00528-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Dutchess County, dated July 14, 2004, 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 or relation thereto, it is
ORDERED that the motion 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 m intues 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:
Neal D. Futerfas, Esq.
50 Main Street - Suite 1000
White Plains, New York 10606
(914) 682-2171
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SANTUCCI, J.P., SCHMIDT, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17462
C/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-06808 In the Matter of Christopher Moustakos, appellant, v Glenn Goord, respondent. (Index No. 603/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated June 15, 2004, 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 appellant's notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]}; and it is further,
ORDERED that the motion is granted to the extent that the filing fee is waived, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other and the motion is otherwise denied.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17515
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-10103 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Kim Foster, et al., respondents. (Index No. 16661/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Kim Foster to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 6, 2003, and application by the appellant to withdraw the appeal.
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17549
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-01483 In the Matter of New York Central Mutual Fire Insurance Company, appellant, v Yamira Medina, respondent-respondent; Liang Bau Chen, et al., proposed additional respondents-respondents. (Index No. 14468/03
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent-respondent, Yamira Medina, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 13, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Matter of Commerce and Industry Ins. Co. v Nester, 90 NY2d 255); and it is further,
ORDERED that the motion is otherwise denied as academic.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17504
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-07271 In the Matter of Notre Dame Leasing Limited Partnership, petitioner-respondent, v Division of Housing and Community Renewal, respondent- respondent; Ella Smith, nonparty-appellant. (Index No. 2058/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated June 30, 2004, to stay enforcement of an order of the same court dated June 3, 2002, and to stay all proceedings in a related matter pending in the Civil Court, Queens County, under Index No. 72589/03, pending hearing and determination of the appeal, and for 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 motion is granted and enforcement of the order dated June 3, 2002, and the proceedings in the Civil Court, Queens County, under Index No. 72589/03, are stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before November 29, 2004, and (2) the appellant continues to pay rent in the sum of $735.20 per month pending hearing and determination of the appeal; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 29, 2004, or the appellant does not pay rent as set forth above, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branch of the motion which is to waive payment of the filing fee is denied as unnecessary (see CPLR 1101[e]).
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17468
F/
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-07488
In the Matter of Keisha Rust, appellant, v Michael DosSantos, respondent. (Docket Nos. V-7367-03, V-7368-03, V-7399-03, V-7400-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Westchester County, dated July 21, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is 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 m intues 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:
Joan A. Moo Young, Esq.
180 South Broadway - Suite 203
White Plains, New York 10605
(914) 761-0241
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
SANTUCCI, J.P., SCHMIDT, COZIER, and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17076
F/
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02775 In the Matter of Elesabif S-P. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Martha S. (Anonymous), respondent. In the Matter of Isabel P. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Martha S. (Anonymous), respondent. In the Matter of Tanya P. (Anonymous). Commissioner of the Administration for Children's Services of the City of New York, appellant; Martha S. (Anonymous), respondent. (Docket Nos. N-26038-00, NN-26038-04, NN-26039-03, NN-26040-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend an appeal from an order of the Family Court, Kings County, dated April 1, 2004, 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 or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent to defendant the appeal:
Edward E. Caesar, Esq.
26 Court Street - Suite 2401
Brooklyn, New York 11202-4404
(718) 246-2712
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
SMITH, J.P., ADAMS, CRANE, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17588
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-05940 In the Matter of Ezra Shikarchy, appellant, v Robin Hilsenrath, respondent. (Docket Nos. V-05302-04, V-05303-04, V-05304-04)
| DECISION & ORDER ON MOTION |
Appeal by Ezra Shikarchy from an order of the Family Court, Nassau County, dated June 4, 2004. By order to show cause dated September 20, 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 28, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 28, 2004 (see 22 NYCRR 670.4[a][5]).
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17461
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-07956, 2004-07957 In the Matter of Carliph T. (Anonymous), appellant. (Docket No. D-02953-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Richmond County, dated July 14, 2004, and August 13, 2004, respectively, 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 or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Michael P. Newman, 94 Hancock Street, 2A, Staten Island, New York 10305, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Andrew John Calcagno, Esq.
404 Manor Road - 1st Floor
Staten Island, New York 10314
(718) 815-0200
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
H. MILLER, J.P., ADAMS, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17467
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-06415
In the Matter of Curnelle T. (Anonymous), appellant. (Docket No. E-5919-04)
| 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 and judgment of the Family Court, Kings County, dated July 13, 2004, as a poor person, and for the assignment of counsel.
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 Law Guardian, Leonard S. Lubitz, 350 Broadway, Suite 200, New York, New York 10013, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, New York 10128
(212) 876-8335
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
H. MILLER, J.P., ADAMS, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17502
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-06427 In the Matter of Margaret T. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent; Evelyn E. (Anonymous), appellant, et al., respondent. (Docket No. B-3201-03)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in a proceeding before the Family Court, Dutchess County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Dutchess County, dated July 9, 2004, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; 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 Court Act § 1116); and it is further,
ORDERED that the stenographers(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 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and 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:
Steven A. Feldman, Esq.
626 EAB Plaza
West Tower - 6th Floor
Uniondale, New York 11556
(516) 522-2828
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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17528
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-02162
In the Matter of Nina Talisveyber, etc., petitioner-respondent, v Motor Vehicle Accident Indemnification Corporation, respondent-respondent, 4G's Trucking Renting Co., Inc., appellant. (Index No. 31709/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 23, 2003, to strike the brief of the respondent-respondent, Motor Vehicle Accident Indemnification Corporation, on the ground that it refers to matter dehors the record, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the brief of the respondent-respondent, Motor Vehicle Accident Indemnification Corporation, is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted and the appellant's reply brief shall be served and filed on or before November 22, 2004.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17509
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-04646 In the Matter of Brandon W. (Anonymous), appellant. (Docket No. E-05973-03)
| 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, Orange County, dated April 27, 2004, 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 or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Stanley M. Wayne, 49 Main Street, Walden, New York 12586, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Marsha E. Koretzky, Esq.
P. O. Box 943
Goshen, New York 10924
(845) 294-1611
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
FLORIO, J.P., KRAUSMAN, FISHER, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17383
C/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2000-10102 The People, etc., respondent, v Eleutherius Auguste, appellant. (Ind. No. 11195/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated February 24, 2003 (People v Auguste, 302 AD2d 601), affirming a judgment of the Supreme Court, Queens County, rendered October 17, 2000, which was denied by decision and order of this court dated March 15, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17545
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-03685, 2004-09019, 2004-09020, 2004-09021 The People, etc., respondent, v Kevin Cioffi, et al., appellants. (Ind. No. 6467/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant Kevin Cioffi to enlarge time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered April 21, 2004, and to continue the stay of execution of said judgment pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to continue the stay of execution of the judgment is denied (see CPL 460.50[4]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature (see 22 NYCRR 670.8[f]).
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17476
C/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2002-09176 The People, etc., respondent, v Jose Delgadillo, appellant. (Ind. No. 1271/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue a motion for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered September 20, 2002, which was denied by decision and order on motion of this court dated August 23, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17544
E/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-05792 The People, etc., respondent, DECISION & ORDER v Olsen Key, appellant.
(Ind. No. 1755/02)
| ON MOTION Motion Pro se to Relieve Counsel of Assignment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered May 28, 2003, and for assignment of new counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied without prejudice to seeking leave to serve and file a supplemental pro se brief after the appeal is perfected; and it is further,
ORDERED that assigned counsel is directed to perfect the appeal expeditiously.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 3031
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M17478
C/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-11043 The People, etc., respondent, v Roger T. Mosely, appellant. (Ind. No. 03-1027)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered October 29, 2003, for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17485
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2001-05691 The People, etc., respondent, DECISION & ORDER v Louis Olivo, appellant. (Ind. No. 6662/00)
| ON MOTION |
Motion by the appellant pro se, inter alia, for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 13, 2001, to be provided with the transcripts of the minutes which occurred at certain pre-trial proceedings in the above-entitled action which occurred before the Supreme Court, Kings County, on May 14, 2001, and to be provided with certain missing pages of the transcripts which were previously forwarded to him by the Clerk of this court.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to be provided with the transcript of the pre-trial proceedings which occurred on May 14, 2001, is granted; and it is further,
ORDERED that the order of this court dated March 27, 2002, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred on May 14, 2001, if they are available, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this court, without charge; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings which occurred on May 14, 2001, for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for the Clerk of this court; and it is further,
ORDERED that upon receipt of the above transcripts the Clerk of this court, or his designee, shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the branch of the motion which is to provide the appellant with missing pages of the transcripts previously forwarded to him by the Clerk of this court is granted and the Clerk of this court, or his designee, is directed to forward to the appellant copies of pages of the transcripts set forth in the appellant's letter to this court dated September 13, 2004; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time to serve and file a supplemental pro se brief is granted, and the appellant's supplemental pro se brief shall be served and filed on or before March 1, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; 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
M17599
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-02410 The People, etc., respondent, v Koba Peradze, appellant. (Ind. No. 50/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered March 15, 2002.
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 the respondent's time to serve and file a brief is enlarged until November 3, 2004, and the respondent's brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17397
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2003-03779 The People, etc., respondent, v David Simpkins, appellant. (Ind. No. 1277/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file exhibits to a supplemental pro se brief on an appeal from a judgment of the County Court, Nassau County, rendered April 9, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17576
J/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
BARRY A. COZIER
STEVEN W. FISHER, JJ.
|
1997-04222 The People, etc., respondent, v Kevin Smith, appellant. (Ind. No. 2183/86)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 24, 2004, in the above-entitled matter is amended by 1) deleting from the preamble thereof the words "an application," and substituting therefor the words "two applications," (2) deleting from the preamble thereof the words "which was determined by decision and order of this court dated October 7, 2002," and substituting therefor the words "which were determined by decisions and orders of this court dated November 17, 1997, and October 7, 2002, respectively."
RITTER, J.P., SANTUCCI, COZIER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17557
C/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO, JJ.
|
2004-03623 The People, etc., respondent, v Injah Tafari, a/k/a Richard Foust, appellant. (Ind. Nos. 3091/80, 3676/80)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered August 5, 1981, in effect, to recall and vacate a decision and order on motion of this court dated December 14, 1989, which granted the respondent's motion to dismiss 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.
PRUDENTI, P.J., RITTER, SANTUCCI and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17477
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08792
The People, etc., ex rel. Kelvin Subgidio, petitioner, v Kenneth Perlman, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court