SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4041
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FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-06429 Barbara H. Adelhardt, etc., et al., respondents, v Amr Aly, et al., appellants. (Index No. 011768/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Nassau County, entered September 3, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4019
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FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-09234 C.W. Brown, Inc., et al., respondents, v HCE, Inc., et al., defendants, Surety & Insurance Specialists, Inc., appellant. (Index No. 857/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the deposition of Kenneth Gordon and the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated October 16, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the deposition of Kenneth Gordon and the trial in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 1, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 1, 2003, the court, on its own motion, may vacate the stay, or the respondents' may move to vacate the stay, on three days notice.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4029
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DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
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2003-07549
William Clark, Jr., etc., et al., appellants, v Chase Manhattan Mortgage Corporation, et al., respondents. (Index No. 27032/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Queens County, dated May 30, 2003, on the ground that is was not timely 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).
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3939
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2003-03821
Paulette Clayborn, appellant, v Freeport Housing Authority, respondent. (Index No. 32632/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated February 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 23, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3965
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2003-08132
Jose Figueroa, et al., respondents, v Kristine M. Mari, et al., appellants. (Index No. 1227/03)
| 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, Kings County, entered May 2, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 1, 2003, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4023
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FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-09166 Gennady Gorelik, appellant, v Elena Gorelik, respondent. (Index No. 42856/02)
| DECISION & ORDER ON MOTION |
Motion by Gennady Gorelik for leave to appeal to this court from an order of the Supreme Court, Kings County, dated October 10, 2003, and to stay the trial of the above-entitled action 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 as unnecessary and the appellant may file a notice of appeal, if he be so advised; and it is further,
ORDERED that the branch of the motion which is for a stay is denied.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4054
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MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
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2003-00701 J. Petrocelli Construction, Inc., respondent- appellant, v Realm Electrical Contractors, Inc., etc., et al., appellants-respondents (and a third-party action). (Index No. 13917/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated November 22, 2002.
Upon the papers filed in support of the motion, and upon the stipulation of the parties dated October 8, 2003, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until January 2, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3839
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2003-04876
J. Sakaris & Sons, Inc., plaintiff-respondent-appellant, v Terra Firma Construction Management & General Contracting, LLC, defendant third-party plaintiff- appellant-respondent, et al., defendants; Breger-Terjesen Construction Management & General Contracting LLC, et al., third-party defendants-respondents. (Index No. 8884/99)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from of the Supreme Court, County, dated.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until December 24, 2003, and the joint record 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.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3862
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2003-03797
Jody King, appellant-respondent, v Car Rentals, Inc., et al., respondents-appellants, et al., respondents. (Index No. 11502-01)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 12, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until December 22, 2003, and the joint record 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.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4043
C/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2002-09452, 2003-00725, 2003-00961, 2003-06576, 2003-06588 Zalman Klein, etc., respondent, v Menachem Gutman, et al., defendants, Central Equities Credit Corp., et al., appellants. (Action No. 1) (Index No. 47485/01) Aryeh Gutman, appellant, v A to Z Holding Corp., et al., defendants-respondents. (Action No. 2) (Index No. 50105/99) Zalman Klein, appellant, v Aryeh Gutman, et al., respondents. (Acton No. 3) (Index No. 35890/01)
| DECISION & ORDER ON MOTION |
Motion by Zalman Klein, the respondent in Action No. 1, a respondent in Action No. 2, and the appellant in Action No. 3, A to Z Holding Corp., a respondent in Action No. 2, A to Z Capital Corp., a respondent in Action No. 2, and Washington Greene Association, a respondent in Action. No. 2, to hold appeals from five orders of the Supreme Court, Kings County, dated August 27, 2002, November 26, 2002, December 6, 2002, December 13, 2002, and December 18, 2002, respectively, in abeyance.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeals shall be calendared together and will be argued or submitted on the same day; the appellant's time to perfect the appeal from the order dated December 6, 2002 (Appellate Division Docket No. 2003-00725), is enlarged until January 14, 2004; and the motion is otherwise denied.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3859
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2003-04737
Joyce Kwiecinski, appellant, v Sea Breeze II Condominium by David Sinicrope, etc., et al., respondents. (Index No. 1595/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 25, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 29, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3895
CF/
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2003-03834 Lapeka Construction Corporation, et al., appellants, v Emmanuel Mesagna, respondent. (and another action) (Index No. 28597/94)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 27, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4027
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DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
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2003-02731
Lawrence Leo, etc., et al., appellants, v Town of Islip, respondent. (Index No. 6729/98)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered February 21, 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 timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4047
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2003-01519
Long Beach Public School Employees Group C Association, appellant, v American Federation of State, County, and Municipal Employees, AFL-CIO, et al., respondents, et al., defendants. (Index No. 11769/02)
| 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 an order of the Supreme Court, Nassau County, dated December 19, 2002.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 12, 2003, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3892
CF/
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2003-06360 Alvaro Lopez, respondent, v Rockland County Solid Waste Management Authority, defendant third-party plaintiff; William F. Cosulich Associates, P.C., et al., third-party defendants- appellants, et al., third-party defendants. (Index No. 1055/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant William F. Cosulich Associates, P.C. to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 28, 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 by William F. Cosulich Associates, P.C. is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3933
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2003-03431 Veronica Maldonado, respondent, v City of New York, et al., defendants, New York City Transit Authority, appellant. (Index No.33555/01)
| 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 January 9, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 24, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3988
CF/
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2003-06233 Francis Milito, et al., plaintiffs-respondents, v Antonio Rodriguez, et al., defendants, Blindman & Uram, defendant-appellant. (Index No. 13912/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 24, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3943
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2003-01671
Michael Peterkin, appellant, v City of New York (Department of Transportation), et al., respondents (and third-party actions). (Index No. 1839/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated December 19, 2002.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 10, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3860
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2003-03890
Wanda Piatek, appellant, v New York City Transit Authority, respondent. (Index No. 22950/95)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered March 24, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 29, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3897
CF/
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2003-01283
Joanne Rufrano Rack, appellant, v Ben Rushefsky, respondents. (Index No. 14263/96)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated July 14, 2000.
Upon the stipulation of the parties, dated October 1, 2002, it is
ORDERED that the appeal insofar as asserted against the respondent John Rack is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3998
CF/
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2003-05831
Guadalupe Romero, appellant, v You T. Chen, respondent. (Index No. 21826/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated June 4, 2003.
Upon the stipulation of the parties, dated October 15, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4036
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FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-03441 Joseph Safina, appellant, v Stop & Shop Companies, d/b/a Foodtown Supermarket/Store No. 208, respondent. (Index No. 01315/99)
| DECISION & ORDER ON MOTION |
Motion by Robert S. Blume, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and Robert S. Blume is relieved from representing the appellant with respect to the instant appeal; and it is further,
ORDERED that on or before November 21, 2003, Robert S. Blume is directed to serve his client 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 appellant, without leave of the court, until the expiration of 30 days after service upon him of a copy of this decision and order; and it is further,
ORDERED that the appellant's time to perfect the appeal is extended until 30 days after service upon him of a copy of this decision and order.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3863
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2003-01896, 2003-02144
Gregory V. Serio, etc., respondent, v United States Fire Insurance Company, et al., appellants, et al., defendants. (Index No. 3407/02)
| 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 appeals from two orders of the Supreme Court, Queens County, dated June 18, 2002, and December 16, 2002, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 22, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3931
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2003-04095
Steven L. Levitt & Associates, P.C., plaintiff, v Computer Handlers Corp., et al., respondents; Jerold Probst, nonparty-appellant. (Index No. 16434/00)
| 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, Nassau County, dated May 2, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 24, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4021
C/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-08193, 2003-01704 Maureen Tuccillo, respondent, v Roy S. Tuccillo, appellant. (Action No. 1) (Index No. 31655/99) Maureen Tuccillo, respondent, v Roy S. Tuccillo, appellant. (Action No. 2) (Index No. 201015/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in Action No. 2 pending the hearing and determination of appeals from (1) an order of the Supreme Court, Nassau County, entered January 29, 2003, in Action No. 1, and (2) an order of the Supreme Court, Nassau County, entered August 5, 2003, in Action No. 2, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is for a stay is denied.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3894
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2003-05387
Ewa Ulaniuk, respondent, v Leonard Itwaru, appellant. (Index No. 3981/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated January 21, 2003.
Upon the stipulation of the parties, dated September 15, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4012
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2003-04085
Young Israel of North Woodmere-Laurelton, respondent, v Shaul Chill, appellant. (Index No. 4295/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4034
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-07610 Rakhil Zalko, et al., respondents, v Sunrise Adult Health Care Center, appellant. (Index No. 21751/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 30, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4057
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NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
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2003-06087 In the Matter of Shirley Bien-Aime Schneider, respondent, v Christopher J. Schneider, appellant.
(Docket No. F-01840-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 21, 2003, in the above-entitled matter is amended by deleting from the recital paragraph thereof the words "the papers filed in opposition thereto", and substituting therefor the words "no papers having been filed in opposition thereto".
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4022
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FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-07547 In the Matter of Harry R. Hall, appellant, v Leroy Ladson, respondent. (Docket No. V-10995/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Kings County, dated August 12, 2003, pending the hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a stay is denied; and it is further,
ORDERED that the motion is otherwise denied with leave to the appellant to renew, on or before November 21, 2003, upon the submission of proper papers establishing that he is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4056
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DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
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2003-05785 In the Matter of Michael Hopper, respondent, v Rosemary Almeda, appellant. (Docket No. V-16309-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Westchester County, dated June 6, 2003, for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew, on or before November 21, 2003, upon the submission of proper papers, establishing that she is entitled to poor person relief including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, and itemized expenses, and information regarding the equity value of her house.
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4058
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FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2003-02180, 2003-02799, 2003-07972 In the Matter of Jehuda Ish-Shalom, appellant, v Veronica Wittmann, respondent.
(Docket Nos. V-695/97, V-696/97)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant pro se, inter alia, for leave to prosecute appeals from two orders of the Family Court, Westchester County, both entered February 6, 2003, and an order of the same court entered July 25, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that pursuant to section 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), the scheduling order of this court dated June 27, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the records on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until December 9, 2003.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4011
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2003-03876
In the Matter of President Ventures, LLC, appellant, v Nino Hewitt, et al., respondents. (Proceeding No. 1) Antonio Hewitt, et al., respondents, v Luigi Piccione, et al., appellants. (Proceeding No. 2) (Index Nos. 02568/03, 033574/02)
| 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, Kings County, dated March 26, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until Jan 30, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3999
CF/
|
2003-05945 In the Matter of Providence Washington Insurance Company, appellant, v Great Northern Insurance Company, respondent. (Index No. 26049/02)
| 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 May 22, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3870
F/
ROBERT W. SCHMIDT, J.
|
2003-07069
The People, etc., plaintiff, v Steve M. Charles, defendant. (Ind. No. 3870/00)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated June 4, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT W. SCHMIDT
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4031
O/sl
NANCY E. SMITH, J.P.
LEO F. McGINITY
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2000-09968 The People, etc., respondent, v Shiloh Hylton, appellant. (Ind. No. 3354/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 17, 2000.
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.
SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3868
F/
REINALDO E. RIVERA, J.
|
2003-08260
The People, etc., plaintiff, v Stephen Milbank, defendant. (Ind. No. 70532/89)
| 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 September 4, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
REINALDO E. RIVERA
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3546
F/
SONDRA MILLER, J.
|
2003-01818
The People, etc., plaintiff, v Jeffrey Pinckney, defendant. (Ind. No. 10238/89)
| DECISION & ORDER ON APPLICATION |
Application by the defendant for reargument of his prior application 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 January 10, 2003, which was determined by me in a decision and order on application dated July 30, 2003.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
SONDRA MILLER
Associate Justice