Appellate Division: Second Judicial Department
M17586
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2004-01858 Shari Behar, etc., et al., respondents, v Charles Coren, etc., et al., appellants, et al., defendants. (Index No. 15800/99)
| 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 appeals from an order of the Supreme Court, Nassau County, dated November 21, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 22, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17642
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-05104 Mary Ann Bongiorno, respondent-appellant, v John C. Livingston, etc., et al., appellants- respondents. (Index No. 10278/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents, inter alia, to stay enforcement of an order of the Supreme Court, Richmond County, dated March 16, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17706
CF/
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2004-07579 Nina Cammarata, respondent, v Bernard Drexel, et al., appellants. (Index No. 9857/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 7, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M17708
CF/
|
2004-07580 Nina Cammarata, respondent, v Bernard Drexel, et al., appellants. (Index No. 9857/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 10, 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
M17609
J/sl
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2004-04812
Robert Crespi, respondent, v M.E.I.T. Associates, LLC, appellant.
(Index No. 27380/01)
| 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 an order of the Supreme Court, Queens County, dated April 28, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 17, 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
M17526
M/nal
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2004-08135 Melissa Cuccurullo, appellant, v Joseph Cuccurullo, Jr., respondent. (Index No. 5136/98)
| SCHEDULING ORDER |
Appeal by Melissa Cuccurullo from an order of the Supreme Court, Richmond County, dated August 19, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal 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
M17632
S/sl
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2004-01226
Estate of Cora Barnes, et al., appellants, v Lawrence Nursing Care Center, Inc., respondent; City of New York Human Resources Administration, nonparty-respondent.
(Index No. 15675/02)
| ORDER ON APPLICATION |
Application by the nonparty-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, dated November 10, 2003.
ORDERED that the application is granted and the nonparty-respondent's brief shall be served and filed on or before November 10, 2004; and it is further,
ORDERED that the appellants' reply brief, if any, to the brief of the nonparty-respondent shall be served and filed on or before November 26, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17578
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-02973
Nicki Fotiadis, appellant, v John Fotiadis, respondent. (Index No. 200673/02)
| DECISION & 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, Nassau County, dated February 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is denied without prejudice to the respondent making a motion for the same relief (see 22 NYCRR 670.8[d][2]).
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17701
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2004-05725, 2004-05727
Lisa Freihofner, appellant, v Gregory Freihofner, respondent. (Index No. 517301)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw appeals from two orders of the Supreme Court, Westchester County, dated July 15, 2004 and June 2, 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 appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17655
S/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
REINALDO E. RIVERA, JJ.
|
2003-07157 Laura McDonald Hesse, etc., et al., respondents, v Rockland County Legislature, et al., appellants. (Index No. 5244/00)
| DECISION &ORDER ON MOTION |
The defendants having appealed to this court from an order of the Supreme Court, Rockland County, dated July 28, 2003, and having perfected the appeal on October 2, 2003, the respondents having filed a brief on November 6, 2003, and the appellants having filed a reply brief on November 21, 2003, the matter was placed on this court's calendar for September 9, 2004. By letter dated August 16, 2004, counsel for the appellants advised this court that the instant appeal had been rendered academic by virtue of the defendants having obtained summary judgment in March 2004, and that the appellants wished to withdraw the appeal. By order to show cause dated August 24, 2004, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate for failing to advise this court that the appeal had been rendered academic.
Upon the court's own motion and upon the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied.
Under the circumstances sanctions are not warranted.
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17591
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-01515
Mathew Hornestay, et al., respondents, v New York City Transit Authority, et al., appellants. (Index No. 49924/99)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered January 12, 2004, for failure to timely perfect the same, and application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the application and the papers filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17707
L/
ANITA R. FLORIO, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-08631
Alden Jones, et al., respondents, v Ezzard Scott, defendant, Patrick Cleary, et al., appellants. (Index No. 596/01)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Orange County, dated August 11, 2003.
Upon the papers filed in support of the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17585
S/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-00109 Nitza Keane, appellant-respondent, v Frank M. Keane, respondent-appellant. (Index No. 18696/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated November 14, 2004, and to enlarge the time of the respondent-appellant to perfect the cross appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 8, 2004, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before January 7, 2005 (see 22 NYCRR 670.8[c][3]).
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17720
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-08324, 2004-08325 Linda Kornblum, respondent, v Michael Kornblum, appellant. (Index No. 19104/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of appeals from two orders of the Supreme Court, Westchester County, entered September 22, 2004, and September 23, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renewal when the appeal is perfected.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17605
J/sl
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2004-08125
Lakehill Associates, Inc., respondent, v 6077 Jericho Turnpike Realty Corp., et al., appellants, et al., defendants. (Index No. 16463/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated August 9, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 16, 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
M17695
CF/
|
2004-07602 Mohamed Laraki, plaintiff-respondent, v Astoria General Hospital, defendant, New York Hotel Trades Council & Hotel Association of New York Health Center, Inc., etc., defendant third-party plaintiff- appellant; Mark McMahon, et al., defendants third-party defendants-respondents. (Index No. 17115/01)
| 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 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17583
S/sl
ROBERT W. SCHMIDT, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-06964 Dianne Malaspina, appellant, v Victory Memorial Hospital, defendant third-party plaintiff-respondent, Dyker Emergency Physicians , P.C., etc., et al., defendants- respondents; Michael Lacqua, etc., et al., third-party defendants-respondents.
(Index No. 021722/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated June 21, 2004, as a poor person, for free transcripts, to waive the filing fee, and to dispense with printing.
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., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17641
PL/sl
|
2004-05073
Carol McElrath, etc., et al., respondents, v Lakeland Central School District, appellant.
(Index No. 21027/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated June 1, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 26, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17703
CF/
|
2004-06541 Leah Miller, et al., respondents, v Bernat Steinmatz, et al., appellants. (Index No. 19231/00)
| 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 30, 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
M17630
S/sl
|
2004-01981
David Mohammed, plaintiff-appellant, v Islip Food Corp., d/b/a C-Town Supermarket, et al., respondents, 2-32C Wheeler Road, Inc., defendant-appellant. (Index No. 11109/00)
| ORDER ON APPLICATION |
Application by the plaintiff-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated January 27, 2004.
ORDERED that the application is granted and the movant's reply brief shall be served and filed on or before November 5, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17697
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-10112
Hurshed Mulladzanov, et al., respondents, v Faye Enterprises Corp., et al., appellants. (Index No. 4529/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 23, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 8, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17699
CF/
|
2004-04074 Delphina Norris, respondent, v North 751 Realty Corp., et al., appellants. (Index No. 39604/02)
| 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 February 6, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17676
CF/
|
2004-02027 Azizullah Obaidi, et al., respondents, v Ahmed Nezamuddin, et al., defendants, Marlene Perez, appellant. (Index No. 6183/98)
| 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 December 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17603
J/sl
|
2003-11395
Jonathan Perez, etc., respondent, v St. John's Episcopal Hospital South Shore, defendant, Interfaith Medical Center, et al., appellants. (Index No. 26675/96)
| 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, entered December 16, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 8, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17580
S/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-08116
Arnaldo Rodriguez, appellant, v State of New York, respondent.
(Claim No. 106307)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Court of Claims dated July 20, 2004, as a poor person, for free transcripts, and to waive the filing fee.
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 denied.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17700
CF/
|
2004-04378 Charles Rosenzweig, et al., respondents, v 600 North Street, LLC, et al., appellants. (Index No. 20292/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated March 31, 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
M17644
Y/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-09093 Alvaro Solis, et al., plaintiffs-respondents, v United Water New Rochelle, Inc., appellant, R&R Scaffolding, Ltd., defendant-respondent. (Index No. 8155/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered October 4, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 30, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 30, 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
M17572
J/sl
|
2004-04065
Charles Tawil, et al., appellants, v Max Wasser, et al., respondents. (Index No. 17903/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 26, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 26, 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
M17643
PL/sl
|
2004-07987
Daniel Torena, et al., respondents, v Mathew Hazel, et al., appellants. (Index No. 2117/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Westchester County, dated August 24, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 15, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17710
CF/
|
2004-05811 Theresa Trotta, respondent, v Allstyne Development, LLC, et al., appellants. (Index No. 18916/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order 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
M17590
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00390
Ronald Williams, etc., et al., appellants, v Robert Stanzoni, respondent. (Index No. 5884/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 18, 2003, for failure to timely perfect the same.
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 appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this court (see 22 NYCRR 670.8[f]).
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17616
M/nal
|
2004-07863
In the Matter of Alexandria B. (Anonymous). Suffolk County Department of Social Services, respondent; Dina B. (Anonymous), appellant. (Docket Nos. N-427-00, N-428-00)
| ORDER TO SHOW CAUSE |
Appeal by Dina B. from an order of the Family Court, Suffolk County, dated July 13, 2004. By scheduling order dated September 15, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 15, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17619
M/nal
|
2003-10783 In the Matter of Brittney (Anonymous). Lisa Z. (Anonymous), et al., respondents; Frederick C. (Anonymous), appellant. (Proceeding No. 1)
(Docket No. A-2745-03) 2004-01792 In the Matter of Lisa Z. (Anonymous), v Frederick C. (Anonymous). (Proceeding No. 2) (Docket No. V-4863-96)
| SCHEDULING ORDER |
Appeals by Frederick C. from two orders of the Family Court, Dutchess County, dated November 3, 2003 (Appellate Division Docket No. 2003-10783), and January 29, 2004 (Appellate Division Docket No. 2004-01792), respectively. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until November 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17617
M/nal
|
2004-07853
In the Matter of Joann Corby, appellant, v Scott M. Corby, respondent. (Docket No. O-10198-02)
| ORDER TO SHOW CAUSE |
Appeal by Joann Corby from an order of the Family Court, Suffolk County, dated July 27, 2004. By scheduling order dated September 15, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 15, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17627
M/nal
|
2004-02319 In the Matter of Thomas Antonio D. (Anonymous). Administration for Children's Services, appellant; Dennis D. (Anonymous), respondent. (Docket No. N-25129-99)
| SCHEDULING ORDER |
Appeal by Administration for Children's Services from an order of the Family Court, Kings County, dated February 10, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 8, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17647
CF/
|
2004-02546, 2004-2638 In the Matter of Lurline Findlay, appellant, v George West, respondent. (Index Nos. V1401-00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from an order of the Family Court, Queens County, dated March 24, 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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17646
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-04430 In the Matter of Dorothy Francis, petitioner- respondent, v Melissa Vantassel, appellant, et al., respondent. (Docket No. V-4023/03)
| DECISION & ORDER ON MOTION |
Appeal by Melissa Vantassel from an order of the Family Court, Orange County, dated April 16, 2004. By order to show cause dated September 10, 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 30, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in respondent 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 30, 2004 (see 22 NYCRR 670.4[a][5]).
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17715
O/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-07747 In the Matter of Annie Hadley, a/k/a Annie Grace Hadley, a/k/a Grace Hadley, deceased. Priscilla Stevens, appellant; John Stevens, Sr., respondent. (File No. 7747/04)
| 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 Surrogate's Court, Queens County, dated July 30, 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
M17529
M/nal
|
2004-08899 In the Matter of Mark S. Halpern, appellant, v Carla M. Gorski, respondent. (Docket No. F-0360-00)
| SCHEDULING ORDER |
Appeal by Mark S. Halpern from an order of the Family Court, Nassau County, dated August 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17577
M/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM A. MASTRO, JJ.
|
2004-03018 In the Matter of Mona Khanna, respondent, v Rajat Suresh Bhatt, appellant. (Docket No. O-19922/03)
| DECISION & ORDER ON MOTION |
Appeal by Rajat Suresh Bhatt from an order of the Family Court, Queens County, dated March 15, 2004. By decision and order on application dated September 14, 2004, the appellant was given until October 18, 2004, to perfect the above-entitled appeal. The appeal has not been perfected. On the court's own motion it is
ORDERED that the appeal is dismissed, without costs or disbursements.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17606
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08557 In the Matter of Josephine L. (Anonymous), appellant; Rose F. (Anonymous), et al., respondent. (Index No. 100175/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated September 17, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from an order which does not decide a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal; 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
M17604
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-08724 In the Matter of Louis L. (Anonymous), appellant; Rose F. (Anonymous), et al., respondents. (Index No. 100176/04)
| DECISION & ORDER ON MOTION |
Motion by Louis L., inter alia, for leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 16, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the appeal purportedly taken as of right from the order dated September 16, 2004, is dismissed, without costs or disbursements, as the order is not appealable as of right and leave to appeal has not been granted; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17626
M/nal
|
2004-07792 In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)
| SCHEDULING ORDER |
Appeal by Devorah Levande from an order of the Family Court, Queens County, dated August 31, 2004. By decision and order of this court dated October 25, 2004, the following attorney was assigned as counsel on the appeal:
Cynthia A. Lee, Esq.
418 St. Marks Place
Staten Island, New York 10301
(718) 720-3366
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 25, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal 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
M17525
M/nal
|
2004-08929 In the Matter of Eric M. Levande, respondent, v Devorah Levande, appellant. (Docket No. V-8150/03)
| SCHEDULING ORDER |
Appeal by Devorah Levande from an order of the Family Court, Queens County, dated October 5, 2004. By decision and order of this court dated October 25, 2004, the following attorney was assigned as counsel on the appeal:
Cynthia A. Lee, Esq.
418 St. Marks Place
Staten Island, New York 10301
(718) 720-3366
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 25, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal 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
M17611
M/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-04667
In the Matter of Damon Licari, respondent, v Cheryl Mulderig, appellant. (Docket No. V-11186-03)
| DECISION & ORDER ON MOTION |
Appeal by Cheryl Mulderig from an order of the Family Court, Suffolk County, dated April 23, 2004. By order to show cause dated September 10, 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 June 4, 2004, issued pursuant to 22 NYCRR 670.4(a)(5). The appellant's motion for leave to prosecute the appeal as a poor person is on the court's calendar for October 22, 2004.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17608
M/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-06658
In the Matter of Franky Lopez, appellant, v Laurie Giles, respondent. (Docket No. V-11850-03)
| DECISION & ORDER ON MOTION |
Appeal by Franky Lopez from an order of the Family Court, Westchester County, dated June 22, 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 August 11, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to comply with the scheduling order dated August 11, 2004, is enlarged until November 26, 2004.
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17623
M/nal
|
2004-05924
In the Matter of Frankie Lopez, appellant, v Jannette Hernandez, respondent. (Docket No. P-06244-92)
| ORDER TO SHOW CAUSE |
Appeal by Frankie Lopez from an order of the Family Court, Kings County, dated June 15, 2004. By scheduling order dated September 24, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4)an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 24, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17445
M/nal
DAVID S. RITTER , J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM A. MASTRO, , JJ.
|
2004-04756 In the Matter of Bertha Y. Marti, appellant, v Pedro M. Marti, respondent. (Docket No. F-5958/02)
| SCHEDULING ORDER |
Appeal by Bertha Y. Marti from an order of the Family Court, Queens County, dated April 23, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until November 8, 2004; and it is further,
ORDERED that no further enlargement of time shall be granted.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17645
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-05604 In the Matter of Kelly Ochlan, appellant, v Raymond Ochlan, respondent. (Docket No. V-4736/03)
| DECISION & ORDER ON MOTION |
Appeal by Kelly Ochlan from an order of the Family Court, Queens County, dated May 21, 2004. By order to show cause dated September 9, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 6, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the application and the papers filed in response to the order to show cause, it is
ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the order to show cause is denied academic.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17628
M/nal
|
2004-07638
In the Matter of Vincent Oreste, appellant, v Florence Oreste, a/k/a Silverstein, respondent. (Docket No. F-00597/02)
| ORDER TO SHOW CAUSE |
Appeal by Vincent Oreste from an order of the Family Court, Westchester County, dated June 28, 2004. By scheduling order dated September 21, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 21, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 19, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17625
J/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01530, 2004-04455 In the Matter of Josephine Palm, appellant, v George Palm, respondent. (Docket Nos. V-4643-03, V-4644-03)
| SCHEDULING ORDER |
Appeals by Josephine Palm from two orders of the Family Court, Orange County, dated January 8, 2004 and January 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 13, 2004. The respondent's brief was served and filed on September 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeals is enlarged until November 5, 2004; and it is further,
ORDERED that no further enlargement of time shall be granted.
SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17648
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-06288 In the Matter of Maria Pesin, appellant, v Martin Pesin, respondent. (Docket No. F-2120-03)
| DECISION & ORDER ON MOTION |
Appeal by Maria Pesin from an order of the Family Court, Rockland County, dated June 3, 2004. By order to show cause dated September 10, 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 the papers filed in response 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]).
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17613
M/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-05880
In the Matter of Wanda Riccio, respondent, v Paul Riccio, appellant. (Docket No. V-284-03)
| DECISION & ORDER ON MOTION |
Appeal by Paul Riccio from an order of the Family Court, Richmond County, dated June 7, 2004. By order to show cause dated September 10, 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 27, 2004, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 17, 2004.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17575
M/nal
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM A. MASTRO, JJ.
|
2004-02453 In the Matter of Maria Rizzuto, f/k/a Maria Landen, respondent-appellant, v Michael Landen, appellant-respondent. (Docket No. F-406-02)
| SCHEDULING ORDER |
Appeal and cross appeal from an order of the Family Court, Westchester County, dated February 23, 2004. The appellant-respondent's brief was filed in the office of the Clerk of this court on July 29, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent-appellant's time to serve and file a brief on the appeal is enlarged until November 12, 2004; and it is further,
ORDERED that no further enlargement of time shall be granted.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17649
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-05935 In the Matter of Jennifer S. (Anonymous). Suffolk County Department of Social Services, respondent; Deborah S. (Anonymous), appellant. In the Matter of Jessica S. (Anonymous). Suffolk County Department of Social Services, respondent; Deborah S. (Anonymous), appellant. (Docket Nos. N-5598/04, N-5599/04)
| DECISION & ORDER ON MOTION |
Appeal by Deborah S. from an order of the Family Court, Suffolk County, dated June 9, 2004. By order to show cause dated September 10, 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 26, 2004, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers filed in response 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 26, 2004 (see 22 NYCRR 670.4[a][5]).
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17621
M/nal
|
2004-07869, 2004-07870, 2004-07871 In the Matter of William Michael S. (Anonymous), a/k/a William S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. In the Matter of Bill Eugen S. (Anonymous), a/k/a Bill S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. In the Matter of Diana S. (Anonymous). Administration for Children's Services, et al., respondents; Teodor S. (Anonymous), appellant. (Docket Nos. B-15311/03, B-15312/03, B-15313/03)
| SCHEDULING ORDER |
Appeals by Teodor S. from three orders of the Family Court, Kings County, all dated August 19, 2004. By decision and order of this court dated October 26, 2004, the following attorney was assigned as counsel on the appeals:
Edward E. Caesar, Esq.
26 Court Street - Suite 2401
Brooklyn, New York 11201-4404
(718) 246-2712
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 26, 2004, 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
M17622
M/nal
|
2004-06028 In the Matter of Andrea Smith, appellant, v Kristopher Smith, respondent. (Docket Nos. V-01581-00, V-01582-00, V-01583-00)
| SCHEDULING ORDER |
Appeal by Andrea Smith from an order of the Family Court, Nassau County, dated June 24, 2004. By decision and order of this court dated October 26, 2004, the following attorney was assigned as counsel on the appeal:
Kent V. Moston, Esq.
Legal Aid Society of Nassau County
One Helen Keller Way - 2nd Floor
Hempstead, New York 11550
(516) 560-6400
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 26, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal 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
M17682
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-09226 In the Matter of Joyce Squerciati, petitioner, v Alexander Madison, et al., respondents. (Docket No. V-16321/04)
| DECISION & ORDER ON MOTION |
Motion by Alexander Madison and Lori Madison for leave to appeal to this court from an order of the Family Court, Rockland County, dated October 14, 2004, and to stay enforcement of stated portions of the order pending the 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 is denied; and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic; and it is further,
ORDERED that the temporary restraining order of this court dated October 21, 2004, is vacated forthwith.
SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17631
S/sl
|
2004-02162
In the Matter of Nina Talisveyber, et al., petitioners-respondents, v Motor Vehicle Accident Indemnification Corporation, respondent-respondent, 4G's Trucking Renting Co., Inc., appellant. (Index No. 31709/99)
| ORDER ON APPLICATION |
Application by the petitioners-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 23, 2003.
ORDERED that the application is granted and the petitioners-respondents' time to serve and file a brief is enlarged until November 12, 2004, and the petitioners-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's reply brief shall be served and filed on or before December 2, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17667
O/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-10846 In the Matter of Town of Huntington, petitioner, v New York State Board of Real Property Services, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the petitioner's time to perfect the proceeding is enlarged until November 10, 2004, and the petitioner's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17689
S/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-03319 In the Matter of Kenneth Adam Noel W. (Anonymous). Pius XII Youth and Family Services, et al., respondents; Tommie W. (Anonymous), appellant. (Docket No. B-2591/00)
| DECISION & ORDER ON MOTION |
Appeal by Tommie W. from an order of the Family Court, Kings County, dated March 15, 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 12, 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 12, 2004 (see 22 NYCRR 670.4[a][5]).
H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17698
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-03764 In the Matter of Michael Zapken, respondent, v Mary Marshall, appellant. (Docket No. P-1061-98)
| DECISION & ORDER ON MOTION |
Appeal by Mary Marshall from an order of the Family Court, Richmond County, dated April 19, 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 decision and order on motion of this court dated August 3, 2004, which denied the appellant's motion for leave to prosecute the appeal as a poor person, with leave to renew on or before September 8, 2004.
Now, on the court's own motion, and the papers filed in 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 decision and order on motion dated August 3, 2004 (see 22 NYCRR 670.4[a][5]).
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17584
J/sl
|
2003-02976 The People, etc., respondent, v Michael Allums, appellant. (Ind. No. 9829/01)
| 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, rendered March 28, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 9, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17523
F/
ROBERT W. SCHMIDT, J.
|
2004-06368 The People, etc., plaintiff, v Louis Bradley, defendant. (Ind. No. 2118/81)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 16, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M17522
F/
ROBERT W. SCHMIDT, J.
|
2004-04676 The People, etc., plaintiff, v Anthony Ferrano, defendant. (S.C.I. No. 254/03)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated April 27, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
Appellate Division: Second Judicial Department
M17581
S/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
SONDRA MILLER
GLORIA GOLDSTEIN, JJ.
|
1996-10883 The People, etc., respondent, v Sajid Hussain, appellant. (Ind. No. 867/96)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated January 14, 1997, which granted the respondent's motion to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered November 19, 1996, on the ground that the appellant had absconded and was no longer available to comply with the mandate of the 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.
PRUDENTI, P.J., RITTER, S. MILLER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17693
O/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2002-06561 The People, etc., respondent, v Frank Nitti, appellant. (Ind. No. 683/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered June 19, 2002, to recall and vacate a decision and order on motion of this court dated August 6, 2004, which vacated a prior decision and order on motion of this court dated March 30, 2004, granting the appellant's motion for leave to serve and filed a supplemental brief, and to be provided with Grand Jury minutes and certain laboratory and police reports, and separate motion by assigned counsel for leave to withdraw her Anders brief and to file a new brief.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motion by assigned counsel is granted and the brief filed by assigned counsel on February 25, 2004, is deemed withdrawn; and it is further,
ORDERED that on the court's own motion, the respondent's brief is stricken; and it is further,
ORDERED that appellant's pro se motion is denied without prejudice to renewal after assigned counsel files a new brief.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17573
F/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2000-08752
The People, etc., respondent, v Alexander Soto, appellant. (Ind. No. 2874/97)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated March 16, 2004, in the above-entitled case is amended by deleting from the first decretal paragraph thereof the word "Kings" and substituting therefor the word "Queens."
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17302
F/
WILLIAM F. MASTRO, J.
|
2004-08361 The People, etc., plaintiff, v John Sturdivant, defendant. (Ind. No. 8717/92)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 17, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M17660
E/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
SONDRA MILLER
BARRY A. COZIER
STEVEN W. FISHER, JJ.
|
2003-07354 The People, etc., respondent, DECISION & ORDER v Raymond J. Travis, appellant. (Ind. No. 00-46)
| ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from an amended judgment of the County Court, Orange County, rendered August 5, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court 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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SANTUCCI, J.P., SMITH, S. MILLER, COZIER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03-A-4517
Gowanda Corr. Fac.
Box 311
Gowanda, New York 14070
Appellate Division: Second Judicial Department
M17569
S/sl
|
2003-11253, 2003-11254, 2003-11256
The People, etc., respondent, v Lenny Varughese, Stanley Varughese and Ashish Shah, appellants. (Ind. No. 1229/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file reply briefs on an appeal from three judgments of the Supreme Court, Queens County, all rendered November 25, 2003.
ORDERED that the application is granted and the reply briefs shall be served and filed on or before November 19, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court