Appellate Division: Second Judicial Department
M31677
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
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2004-06349 American Business Credit, Inc., plaintiff, v Israel Sanabria, appellant, et al., defendants; 399 Broadway Holdings, LLC, et al., nonparty- respondents. (Index No. 9419/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated May 21, 2004, which was determined by decision and order of this court dated June 27, 2005, 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.
RITTER, J.P., GOLDSTEIN, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31694
O/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2002-11494, 2003-05756, 2003-09196 Bank of New York, etc., respondent, v Richard J. Castaldo, Jr., et al., appellants. (Index No. 5925/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue appeals from three orders of the Supreme Court, Orange County, dated November 19, 2002, May 29, 2003, and August 21, 2003, respectively, which were determined by decision and order of this court dated November 22, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31713
CF/
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2005-08604 Bing Yu, respondent, v Pathmark Stores, Inc., appellant. (Index No. 26992/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 27, 2005.
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
M31756
Y/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-06175 Rosita Booker, et al., respondents, v Michael Marshall, et al., appellant. (Index No. 26937/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant Michael Marshall to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 27, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31716
CF/
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2005-03300 Sherman Branch, respondent, v City of New York, et al., defendants, Brooklyn Union Gas Company, et al., appellants. (Index No. 817/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants M & A Mechanical, Inc., and N.A. Mechanical to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 4, 2005.
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 by M & A Mechanical, Inc., and N.A. Mechanical is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31693
O/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
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2003-09477, 2005-00692 Bennet A. Cohen, appellant, v Wallace & Minchenberg, et al., respondents.
(Index No. 29307/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two orders of the Supreme Court, Kings County, dated September 4, 2003, and November 30, 2004, to enlarge the record on appeal to include the exhibits attached to the instant motion papers.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31646
A/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-07121 Countrywide Funding Corporation, respondent, v Anthony W. Reynolds, et al., appellants, et al., defendants. (Index No. 26981/93)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 9, 2005, on the ground, among others, that the appellants failed to post a bond as directed by the order dated June 9, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31778
S/sl
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2005-01211 Saquina Crawford, respondent, v New York City Housing Authority, appellant (and a third-party action).
(Index No. 48087/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 27, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 28, 2005, 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
M31745
A/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-09713 Karen Estis, plaintiff, v Warren Estis, defendant. (Index No. 200723/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated October 6, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31718
CF/
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2005-06642 Foremost Electric Corporation, respondent, v Board of Education of Chappaqua Central School District, appellant. (Index No. 516/05)
| 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 7, 2005.
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
M31734
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
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2005-02092, 2005-08891 Hal R. Ginsburg, et al., appellants, v Ock-A-Bock Community Association, Inc., et al., respondents.
(Index No. 17663/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Suffolk County, dated February 7, 2005 (Appellate Division Docket No. 2005-02092), and August 18, 2005 (Appellate Division Docket No. 2005-08891), respectively, and to enlarge the time to perfect the appeal from the order dated February 7, 2005.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated February 7, 2005, is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal from the order dated February 7, 2005 is enlarged until December 30, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31736
T/sl
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2005-02817, 2005-05668 Guan Kooi Jim, et al., respondents, v Daniel Vinokur, appellant. (Index No. 24209/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated February 18, 2005, and May 13, 2005, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until December 16, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31733
T/sl
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2005-04204
Barbara Harrington, appellant, v Tracey Glen Toback, et al., respondents. (Index No. 329/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated March 14, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31708
CF/
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2005-04013 Martin LaCatena, et al., appellants, v M.C. & E.D. Beck, Inc., et al., respondents. (Index No. 3783/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated March 3, 2005.
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
M31750
C/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-07653 Lev Leyberman, appellant, v Miriam Leyberman, respondent. (Index No. 12657/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 1, 2005, on the ground that the issues raised on the appeal are the same issues that were raised on an appeal from an order of the Family Court, Kings County, dated December 29, 2003, in a proceeding entitled, Matter of Lyeberman v Leyberman, that was decided by decision and order of this court dated May 9, 2005 (Appellate Division Docket No. 2004-02135).
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.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31729
T/sl
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2005-03596
Philip Mahler, respondent, v Milta Torres, et al., appellants. (Index No. 48199/02)
| 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, Kings County, entered March 22, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 14, 2005, 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
M31703
S/sl
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2005-01654
Mortgage Electronic Registration Systems, Inc., plaintiff, v Pariscina McDuffie, defendant third-party plaintiff appellant-respondent, et al., defendants; Richard D. Bunn, third-party defendant respondent-appellant. (Index No. 6557/03)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated January 11, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant's time to perfect the appeal is enlarged until December 9, 2005, and the record or appendix on appeal and the respondent-appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31748
C/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-09563 Diane Muller, etc., et al., respondents, v Robert Maccone, etc., appellant. (Index No. 10239/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the enforcement of an order of the Supreme Court, Suffolk County, dated September 22, 2005, 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.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31696
C/sl
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
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2005-03528 Dianne Murray, respondent, v Hartford, a/k/a Hartford Insurance Company, et al., appellants. (Index No. 13572/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated February 22, 2005.
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 trial in the above-entitled action is stayed pending hearing and determination of the appeal.
SCHMIDT, J.P., S. MILLER, MASTRO, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31719
CF/
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2005-07298 Peter Neu, et al., respondents, v St. John's Episcopal Hospital, et al., appellants. (Index No. 14527/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant St. John's Episcopal Hospital to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 6, 2005.
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
M31686
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2005-03635 Katherine Anne O'Neill, et al., appellants, v U.S. Underwriters Insurance Company, et al., respondents. (Index No. 1042/03)
| DECISION & ORDER ON MOTION |
Motion by Peter D. Hoffman, the attorney for the appellants, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Putnam County, entered March 16, 2005.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is granted, and Peter D. Hoffman is relieved from representing the appellants with respect to the instant appeal; and it is further,
ORDERED that on or before November 14, 2005, Peter D. Hoffman is directed to serve his clients by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the appellants, without leave of the court, until the expiration of 30 days after service upon them of a copy of this decision and order; and it is further,
ORDERED that the appellants' time to serve and file a brief is extended until 30 days after service upon them of a copy of this decision and order.
FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31724
T/sl
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2005-05485 Ryan Oldham, etc., et al., respondents, v Eastport Union Free School District, et al., appellants. (Index No. 1785/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 23, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31691
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-09257 1951 Bedford Hills Corp., appellant, v Donald Hardie, et al., respondents. (Index No. 18183/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered August 22, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the judgment entered August 22, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 30, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 30, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31706
O/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2004-11144 Hilda Osborne, respondent, v Martha Evans, appellant. (Index No. 6154/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated October 12, 2004, on the ground that it was untimely taken.
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 CPLR 5513).
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31707
O/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-02180, 2005-05474, 2005-07050 Hilda Osborne, respondent v Martha Evans, appellant. (Index No. 6154/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Supreme Court, Queens County, dated January 7, 2005, April 25, 2005, and June 20, 2005, respectively, to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeals from the orders dated January 7, 2005, and June 20, 2005, are dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
ORDERED that the motion is denied as academic.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31710
CF/
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2005-06447 Shawn Parris, et al., respondents, v D.L. Peterson Trust, et al., appellants. (Index No. 42886/02)
| 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 June 7, 2005.
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
M31201
S/sl
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2005-00746
Don Peters, et al., appellants, v City of New York, et al., respondents. (Index No. 9664/95)
| ORDER ON APPLICATION |
Application by the respondents City of New York and New York City Health and Hospitals Corporation pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 23, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until November 30, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31735
T/sl
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2005-03654 Tibor Simon, appellant, v New York City Transit Authority, respondent. (Index No. 27916/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 10, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31730
T/sl
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2004-10598 Edward Trudel, appellant, v Eric P. Donnenfeld, etc., et al., respondents. (Index No. 4031/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated October 6, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 17, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31732
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2005-03976 24-09 Development, LLC, et al., appellants, v Iris Devereux, respondent. (Index No. 23095/02)
| 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, Queens County, dated February 28, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 20, 2005, 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
M31776
S/sl
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2005-07019, 2005-07752
Carlos Vasquez, appellant-respondent, v Transwestern Lexington, LLC, et al., defendants respondents-appellants, Wonder Works Construction Corp., defendant third-party plaintiff respondent-appellant; Avian Construction Corp., third-party defendant-respondent. (Index No. 15478/01)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 21, 2003, and an appeal from an order of the same court dated June 30, 2005.
ORDERED that the application is granted and the respondents-appellants' time to serve and file their brief, including their points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until November 28, 2005, and the respondents-appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent shall serve and file its brief on before January 3, 2006; the appellant-respondent shall serve and file its reply brief on or before February 8, 2005; and the respondents-appellants shall serve and file their reply brief on or before February 23, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31777
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2004-11065, 2004-11066
Phillip Walker, appellant, v Chaman Koul, respondent. (Index No. 3697/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Kings County, dated March 12, 2004, and October 13, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 4, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31692
R/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-07315, 2005-09114 Tanya Webb, appellant, v New York Methodist Hospital, et al., respondents.
(Index No. 16683/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of two orders of the Supreme Court, Kings County, dated June 30, 2005, and September 21, 2005, pending hearing and determination of the appeals therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the orders dated June 30, 2005, and September 21, 2005, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 28, 2005; and it is further,
ORDERED that in the event the appeals are not perfected on or before November 28, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31711
CF/
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2005-06647 Kenneth Wiltsek, respondent, v William Landberg, appellant. (Index No. 4258/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Westchester County, entered June 1, 2005.
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
M31680
O/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
MARK C. DILLON, JJ.
|
2005-07901 In the Matter of Ronald Ackridge, petitioner, v Samuel D. Walker, etc., respondent. (Index No. 03-0573)
| 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 motion and the papers filed in opposition 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]).
H. MILLER, J.P., SANTUCCI, GOLDSTEIN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31638
M/nal
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2005-07630 In the Matter of Secaatin Akyuz, appellant, v Marilyn Akyuz, respondent. (Docket Nos. V-06912-96, V-06913-96)
| SCHEDULING ORDER |
Appeal by Secaatin Akyuz from an order of the Family Court, Kings County, dated June 16, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeal:
Pauline E. Braun, Esq.
43 Edgewood Road
P.O. Box 9
Valley Stream, New York 11582-0009
(516) 872-4080
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31634
M/nal
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2005-07002 In the Matter of Jason Brian B. (Anonymous). Administration for Children's Services, petitioner-respondent; Rachel B. (Anonymous), appellant, et al., respondent. (Docket No. N-11328-00)
| SCHEDULING ORDER |
Appeal by Rachel B. from an order of the Family Court, Queens County, dated April 18, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeal:
Sarah Tirgary, Esq.
90-50 Parsons Boulevard - Suite 401
Jamaica, New York 11432
(718) 725-1200
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31637
M/nal
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2005-07004 In the Matter of Jason Brian B. (Anonymous). Ohel Children's Home and Family Services, petitioner-respondent; Rachel B. (Anonymous), appellant, et al., respondent. (Docket No. B-528/04)
| SCHEDULING ORDER |
Appeal by Rachel B. from an order of the Family Court, Queens County, dated May 18, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeal:
Sarah Tirgary, Esq.
90-50 Parsons Boulevard - Suite 401
Jamaica, New York 11432
(718) 725-1200
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31632
M/nal
|
2005-07227 In the Matter of Jeannine B. (Anonymous), o/b/o Jayda D.-B. (Anonymous), respondent, v Roger D. (Anonymous), appellant. (Docket No. O-2339-04)
| SCHEDULING ORDER |
Appeal by Roger D. from an order of the Family Court, Rockland County, dated May 10, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeal:
Barbara Leifer-Woods, Esq.
254 South Main Street - 5th Floor
New City, New York 10956
(845) 638-1189
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31767
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-09580 In the Matter of David Barrett, et al., appellants, v Dutchess County Legislature, etc., et al., respondents.
(Index No. 1002/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to enjoin the respondents from taking any action with respect to the demolition of certain buildings, pending hearing and determination of an appeal from a judgment of the Supreme Court, Dutchess County, dated September 14, 2005.
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, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31622
M/nal
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2005-06745 In the Matter of Mercia Bascombe, appellant, v John Bascombe, respondent. (Docket No. O-37516-04)
| SCHEDULING ORDER |
Appeal by Mercia Bascombe from an order of the Family Court, Kings County, dated June 10, 2005. By decision and order on motion of this court dated October 24, 2005, the following attorney was assigned as counsel on the appeal:
Peter H. Dailey, Esq.
420 Riverdale Drive - Suite 2E
New York, New York 10025
(212) 678-6238
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M31571
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-02956
In the Matter of Holly Belgrave, appellant, v Simeon Mingo, respondent. (Docket No. O-14462-03)
| 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 February 22, 2005.
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, Vivienne M. Hewitt, Esq., 26 Court Street, Suite 2506, Brooklyn, New York 11242, 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:
Keith D. Grace, Esq.
111 John Street - Suite 1509
New York, New York 10038
(212) 962-1450
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31701
S/sl
|
2005-07364
In the Matter of Continental Insurance Company, appellant-respondent, et al., petitioner, v Robert Bautz, et al., respondents, State Farm Insurance Company, respondent-appellant. (Index No. 3157/04)
| ORDER ON APPLICATION |
Applications by the respondent-appellant and the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2005.
ORDERED that the applications are granted; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 23, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondent shall serve and file its brief on or before December 28, 2005; and it is further,
ORDERED that the appellant-respondent shall serve and file its reply brief on or before February 2, 2006, and the respondent-appellant shall serve and file its reply brief on or before February 17, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31721
CF/
|
2005-05322
In the Matter of Kevin C. D. (Anonymous). Nassau County Department of Social Services, petitioner; Kevin A. O. (Anonymous), appellant. (Docket No. N-00041-01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated May 20, 2005.
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
M31631
M/nal
|
2005-07226 In the Matter of Jayda D.-B. (Anonymous). Administration for Children's Services, respondent; Roger D. (Anonymous), appellant. (Docket No. N-2482-04)
| SCHEDULING ORDER |
Appeal by Roger D. from an order of the Family Court, Rockland County, dated May 16, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeal:
Barbara Leifer-Woods, Esq.
254 South Main Street - 5th Floor
New City, New York 10956
(845) 638-1189
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31704
Y/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-01864 In the Matter of Robert Drake, appellant, v Lawrence G. Reuter, etc., respondent. (Index No. 3261/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated January 3, 2005, to include the memorandum of law attached as Exhibit B to the instant motion papers.
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 on or before November 14, 2005, the respondent shall serve and file a supplemental record containing the memorandum of law attached as Exhibit B to the instant motion papers; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until November 29, 2005, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31715
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-06472 In the Matter of Eveready Insurance Company, appellant, v Joseph Modeste, respondent; Southern United Fire Insurance Company, proposed additional respondent. (Index No. 43047/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay arbitration pending between the parties pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 17, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31623
M/nal
|
2005-07627 In the Matter of Shalema Ford, respondent, v Gloria H. Pitts, appellant. (Docket No. O-08620-04)
| SCHEDULING ORDER |
Appeal by Gloria H. Pitts from an order of the Family Court, Kings County, dated July 18, 2005. By decision and order on motion of this court dated October 24, 2005, the following attorney was assigned as counsel on the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1510
New York, New York 10007
(212) 227-0206
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M31722
A/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-08997 In the Matter of John Hudson, respondent, v Lori Hudson, appellant. (Docket No. V-8658-05)
| DECISION & ORDER ON MOTION |
Appeal by Lori Hudson from an order of the Family Court, Suffolk County, dated July 21, 2005.
Now on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by an order entered upon her consent (see CPLR 5511).
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31629
M/nal
|
2005-03640 In the Matter of Selena J. (Anonymous). Administration for Children's Services, petitioner-respondent; Ancilla J. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Reanna J. (Anonymous). Administration for Children's Services, petitioner-respondent; Ancilla J. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Tiffany J. (Anonymous). Administration for Children's Services, petitioner-respondent; Ancilla J. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) (Docket Nos. N-00997-03, N-00999-03, N-01000-03)
| SCHEDULING ORDER |
Appeal by Ancilla J. from an order of the Family Court, Queens County, dated March 17, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeal:
Larry Bachner, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(917) 378-0176
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 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 proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31574
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-04705
In the Matter of Joann Jastremski, respondent, v David Jastremski, appellant. (Docket No. O-1681-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Richmond County, dated April 28, 2005, 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.
36 West 44th Street - Suite 1212
New York, New York 10036
(212) 938-0160
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, SKELOS, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31714
O/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-07530 In the Matter of Zoya Krivorot, appellant, v Anthony Krivorot, respondent. (Docket No. F-01562-04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from "findings of fact" of the Family Court, Richmond County, dated May 4, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted as "findings of fact" are not appealable (see Family Ct Act 439[e]); 1112).
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31615
A/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-08623 In the Matter of Stanley L. (Anonymous), respondent; Parukutty Krishnan, etc., petitioner. (Index No. 996/87)
| DECISION & ORDER ON MOTION |
Motion by Stanley L. for leave to appeal to this court from an order of the Supreme Court, Orange County, dated May 25, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31670
M/nal
|
2005-03642, 2005-03643, 2005-03644 In the Matter of Ayanna Dejenaba M. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Cheryl M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Shawuana Diamond M. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Cheryl M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Quaishea Rose M. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; Cheryl M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-4610/02, B-4611/02, B-4612/02)
| SCHEDULING ORDER |
Appeals by Cheryl M. from three orders of the Family Court, Queens County, all dated February 14, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeals:
Steven P. Forbes, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 791-8444
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 proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are 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 or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M31628
M/nal
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2005-05909 In the Matter of Debraun M. (Anonymous). Administration for Children's Services, respondent; Walter C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jermaine M. (Anonymous). Administration for Children's Services, respondent; Walter C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-03936-04, N-03937-04)
| SCHEDULING ORDER |
Appeal by Walter C. from an order of the Family Court, Richmond County, dated May 20, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeal:
Salvatore C. Adamo, Esq.
PMB 40
350 Fifth Avenue - Suite 3304
New York, New York 10118
(212) 964-7983
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 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 proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M31669
M/nal
|
2005-07518 In the Matter of Robert M. P.-D. (Anonymous), Jr. Suffolk County Department of Social Services, respondent; Anna Marie P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Anthony J. P.-D. (Anonymous). Suffolk County Department of Social Services, respondent; Anna Marie P. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-12343-04, B-12344-04, B-12345-04 B-12346-04, B-12347-04, B-12348-04, N-15421-02, N- 15422-02)
| SCHEDULING ORDER |
Appeal by Anna Marie P. from an order of the Family Court, Suffolk County, dated July 29, 2005. By decision and order on motion of this court dated October 21, 2005, the following attorney was assigned as counsel on the appeal:
Donald Card, Esq.
490 Wheeler Road - Suite 165K
Hauppauge, New York 11788
(631) 974-3149
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 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 proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 21, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M31626
M/nal
|
2005-07628 In the Matter of Gloria H. Pitts, appellant, v Dwight D. Ford, respondent. (Docket No. O-05158-04)
| SCHEDULING ORDER |
Appeal by Gloria H. Pitts from an order of the Family Court, Kings County, dated July 18, 2005. By decision and order on motion of this court dated October 24, 2005, the following attorney was assigned as counsel on the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1510
New York, New York 10007
(212) 227-0206
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 transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated October 24, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M31782
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-08698 In the Matter of David Sheldon, respondent, v B'nai Israel of Linden Heights, appellant. (Index No. 2082/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order and judgment (one paper) of the Supreme Court, Kings County, dated July 29, 2005, 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.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31795
O/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-09565 In the Matter of Michele Starczewski, respondent, v Kevin G. McLaughlin, appellant. (Docket No. F-00715-97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Nassau County, dated September 30, 2005, 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.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31663
O/sl
GLORIA GOLDSTEIN, J.P.
PETER B. SKELOS
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-08795 In the Matter of Andrew Szabo, respondent, v Sally Collins Face, appellant. (Docket No. V-6731-05)
| DECISION & ORDER ON MOTION |
Appeal by Sally Collins Face from an order of the Family Court, Westchester County, dated August 8, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements on the ground that the order is not appealable as of right, and leave to appeal has not been granted (see Family Ct Act 1112[a]).
GOLDSTEIN, J.P., SKELOS, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31617
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-09657 In the Matter of Pat Tuccio, a/k/a Patsy Tuccio, a/k/a Pasquale Tuccio, deceased. Patricia Hagen Tuccio, respondent; Patricia Tuccio, appellant.
(File No. 550 P 2003)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a decree of the Surrogate's Court, Suffolk County, dated September 30, 2005, pending hearing and determination of an appeal from an order of the same court dated September 28, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the right of direct appeal from the order terminated with entry of the decree dated September 30, 2005, in the action (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31717
O/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-01009 The People, etc., respondent, v Marvin Crosby, appellant. (Ind. No. 5287/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered January 27, 2004.
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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before December 28, 2005.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31709
O/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-06347 The People, etc., ex rel. Tyrone Mickens, petitioner, v New York State Division of Parole, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the petitioner in the above-entitled proceeding to be relieved and to assign new counsel to prosecute an appeal from an order of the County Court, Nassau County, dated May 23, 2005, for leave to file an amended notice of appeal to add certain statutory language, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to be relieved is granted; and it is further,
ORDERED that on or before November 14, 2005, assigned counsel is directed to serve the appellant by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that the branch of the motion which is to assign new counsel on the appeal is denied with leave to the appellant to renew on or before November 28, 2005, upon proper papers indicating that he is entitled to poor person relief and that he is interested in pursuing the appeal; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 23, 2006; and it is further,
ORDERED that the branch of the motion which is for leave to amend the notice of appeal is denied as unnecessary.
ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court