11-01-2004_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR NOVEMBER 1, 2004

TITLE	Case Number
ADC Orange, Inc. v Coyote Acres, Inc.	2003-00854 +6
Abreu v City of New York	2004-05145
Alkaifi v Celestial Church of Christ Calvary	2004-03589
Anderson v Learning Annex Foundation, Inc.	2004-04168
Armstrong v Scott	2003-11394
Bazayev v Mariduena	2004-05582
Borovina & Marullo, PLLC v Structured Assets	2004-03162
Breeden v Valentino	2004-04086
C.B.S. Rubbish Removal Co., Inc. v Winters Wa	2004-06297
Chase Manhattan Mortgage Corporation v Anatia	2004-01944
Chelli v Banle Associates, LLC	2004-02243
Credendino v Torque Converter Rebuilding Syst	2004-04085
Demas v Demas	2004-02058
Duffy v St. Germain	2004-04183
Estate of Daniel Fennessey v Klinger	2003-02677
Frankel v 4502 18th Avenue Trust	2004-04031
Garrison v Wadleigh	2004-04199
Green v Green	2004-07677
Haberman v Zoning Board of Appeals of City of	2004-05680 +1
Harrington v Levitzke	2004-06714
Hartford Fire Insurance Company v Honeywell,	2004-04270
Herzog v Herzog	2004-02298
Indymac Bank, F.S.B. v Kimball	2004-03888
Koeth v Koeth	2002-05088
Kornblum v Kornblum	2004-08324 +1
Kuriakose v Gray	2003-02745 +1
Lyons v Gandin, Schotsky, Rappaport, Glass &	2003-05661
Matheson v Davies	2004-03106
Mazella v Rivera	2004-09129
McCormack v Kamalian	2003-10036
McCormack v Town of Pawling	2004-08526
Mickens v LaSala	2003-03171 +1
Mortgage Electronic Registration Systems, Inc	2004-03894
Murillo v Podgurski	2003-10897
Quattrocchi v Orange & Rockland Utilities, In	2003-07250
Ramkellawan v Lakeram	2004-00351
S.N.H.N.C.Y.I., Inc. v City of Mount Vernon	2004-02198
Saggio v Ladone	2004-06102
Sassower v Girardi	2004-00704
State Farm Mutual Automobile Insurance Compan	2004-00603
State Street Bank & Trust Company v Coakley	2004-03892
Staton v State of New York	2004-00349
Vincent-Sam v Knapp Street Entertainment Cent	2004-07336
Westchester County Healthcare Corporation v C	2004-02196
Whelan v Longo	2004-04156
White v Gannett Satellite Information Network	2004-02734
Xu v 688 Sixth Avenue Realty Co.	2004-03941
Yurteri v Artukmac	2004-04162
Mtr of Abrahams; Grievance Committee 9th Judi	2003-10009
Mtr of Bogal; Grievance Committee 10th Judici	1998-00531
Mtr of Catapano, Deceased; Grunther	2003-06024
Mtr of Christian v Uniform Holdings, LLC	2003-09685 +1
Mtr of Cornish; Grievance Committee Tenth Jud	1997-11662
Mtr of Evans v Smith	2004-09055
Mtr of Hindin, Deceased	2004-01765 +1
Mtr of Korotun v Laurel Place Homeowner's Ass	2003-01379
Mtr of Lewis v Redhead	2003-09320
Mtr of Mamaroneck Beach & Yacht Club, Inc. v	2004-03612
Mtr of Melikishvili v Grigolava	2002-06665
Mtr of Podolsky v Daniels	2004-04299
Mtr of R. (Anonymous), Lina Catalina; Suffolk	2004-00829
Mtr of R.-D. (Anonymous), T'Challaarkiesha Ja	2004-05367
Mtr of Strand v Grant	2004-09388
Mtr of T. (Anonymous), Jerome Marcel Jr.; West	2004-09334 +2
Mtr of V. (Anonymous), Courtney Elizabeth; Su	2004-09362
Peo v Marin, Carlos	2001-11008

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17733

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-00854, 2003-07480, 2003-08113,
2003-10795, 2003-10984, 2004-04792,
2004-04794
ADC Orange, Inc., respondent,
v Coyote Acres, Inc., appellant.
(Index No. 2458/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 22, 2004, which determined the respondent's motion to dismiss the appeals in the above-entitled case is amended by deleting from the recital paragraph thereof the words "no papers having been", and substituting therefor the words "the papers ".

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M17741

CF/

2004-05145
Kevin Abreu, et al., appellants, v City of
New York, et al., respondents.
(Index No. 42094/03)

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 April 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

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Appellate Division: Second Judicial Department

M17197

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-03589
Abdo H. Alkaifi, respondent,
v Celestial Church of Christ Calvary Parish,
appellant, et al., defendants.
(Index No. 17021/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue that branch of the respondent's prior motion which was to dismiss an appeal from an order of the Supreme Court, Queens County, dated April 7, 2004, for failure of the appellant to appear at a CAMP conference, which was determined by decision and order on motion of this court dated September 2, 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 upon reargument, the decision and order on motion of this court dated September 2, 2004, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated April 7, 2004, to dismiss the appeal on the grounds that the appellant did not appear for the CAMP conference, and the record is inadequate, or, in the alternative, to enlarge the time to serve and file a brief on 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 to dismiss the appeal on the ground that the appellant did not appear at the CAMP conference is granted to the extent that within 20 days after service upon him of a copy of this decision and order on motion, Gary Filippo, counsel for the appellant, is directed to pay a sanction in the sum of $1,500 to the Lawyers' Fund for Client Protection (see 22 NYCRR 130-1.1[c][1]), and that branch of the motion is otherwise denied; and it is further,

ORDERED that the Clerk of the Supreme Court, Queens County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record on appeal is inadequate is denied on condition that on or before November 22, 2004, the appellant shall (1) remove from all copies of the record on file with the clerk of this court pages 32 through 35, and page 117, and (2) serve and file a supplemental record containing the appellant's order to show cause and all exhibits attached thereto dated December 29, 2003; the respondent's Affirmation in Opposition and all exhibits attached thereto dated January 5, 2004; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 22, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon counsel for both parties; and it is further,

ORDERED that the stay of any proceedings to evict the appellant from the subject

property pending hearing and determination of the appeal, which was granted by decision and order on motion of this court dated May 28, 2004, is reinstated; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., GOLDSTEIN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17704

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-04168
George Anderson, respondent,
v Learning Annex Foundation, Inc., et al.,
defendants, SGC Communication
Resources, LLC, etc., appellant.
(Index No. 931/02)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 23, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 7, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17567

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2003-11394

Alva Armstrong, etc., et al., appellants-
respondents, et al., plaintiffs, v Winston G.
Scott, et al., defendants, West Indian-American
Day Carnival Association, Inc., et al., respondents-
appellants, City of New York, respondent
(and third-party actions).

(Index No. 75198/00)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 12, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17738

CF/

2004-05582
Edward Bazayev, appellant, v
Angel R. Mariduena, et al., respondents.
(Index No. 27316/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated March 18, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M17564

S/sl

2004-03162

Borovina & Marullo, PLLC, respondent,
v Structured Assets Sales Group, LLC,
appellant.

(Index No. 17820/03)

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, Suffolk County, dated March 11, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 8, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M17618

S/sl

2004-04086

John Breeden, etc., et al., appellants,
v James Valentino, et al., defendants,
New York City Health and Hospitals
Corporation, etc., respondent.
(Index No. 11181/03)

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, Richmond County, dated February 23, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 28, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17685

S/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-06297

C.B.S. Rubbish Removal Co., Inc., et al.,
appellants, v Winters Waste Services of
New York, Inc., respondent.
(Index No. 25569/03)

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 June 1, 2004, on the ground that the appeal 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 denied.

KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17681

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

STEPHEN G. CRANE, JJ.

2004-01944
Chase Manhattan Mortgage Corporation, plaintiff,
v Rachamin Anatian, et al., defendants, Yona Dorit
Anatian, et al., defendants-respondents; Bedford Park
Development Corp., intervenor respondent-appellant;
Interboro Equities, LLC, et al., nonparties appellants-
respondents.
(Index No. 29880/98)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 5, 2003.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until December 30, 2004, and the joint record or appendix 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]).

RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M17607

J/sl

2004-02243
Jorge Chelli, respondent,
v Banle Associates, LLC, appellant
(and a third-party action).
(Index No. 841/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered February 23, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 3, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17657

S/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-04085

Joseph P. Credendino, et al., respondents,
v Torque Converter Rebuilding Systems, Inc.,
a/k/a TCRS, appellant.
(Index No. 1541/03)

DECISION & ORDER ON MOTION

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, Putnam County, dated April 12, 2004.

Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see Barbarita v Shilling, 115 AD2d 630).

SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17570

S/sl

2004-02058

Audrey Demas, respondent,
v Charles Demas, appellant.
(Index No. 24351/93)

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 January 9, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17732

S/sl

2004-04183

Michael Duffy, et al., appellants,
v Christina St. Germain, respondent.

(Index No. 1492/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Dutchess County, dated April 29, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 4, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17726

S/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-02677
Estate of Daniel Fennessey, etc., et al.,
respondents, v Ronald Klinger, et al.,
defendants, Brunswick Hospital, appellant.
(Index No. 18067/95)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered February 26, 2003.

Upon the papers filed in support of the motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until December 31, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FLORIO, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17687

S/sl

GABRIEL M. KRAUSMAN, J.P.

STEPHEN G. CRANE

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2004-04031

Gail Frankel, plaintiff-respondent, v
4502 18th Avenue Trust, defendant-respondent,
Le Chocolate of Brooklyn, LLC, d/b/a Le Chocolat,
appellant.
(Index No. 22854/02)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the plaintiff-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 26, 2004, on the ground that the order is not appealable as of right and the appellant has not been granted leave to appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

KRAUSMAN, J.P., CRANE, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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Appellate Division: Second Judicial Department

M17592

J/sl

2004-04199

Wayne Garrison, et al., respondents,
v James L. Wadleigh, et al., appellants,
et al., defendants.
(Index No. 1450/02)

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, Rockland County, dated April 28, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 4, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17636

M/nal

2004-07677
Susan Green, respondent,
v James Green, appellant.
(Index No. 201035-03)

SCHEDULING ORDER

Appeal by James Green from an order of the Supreme Court, Nassau 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17728

O/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2004-05680, 2004-08150
Sinclair Haberman, et al., appellant-respondent,
v Zoning Board of Appeals of the City of
Long Beach, et al., respondents-appellants.
(Index No. 1138/04)

DECISION & ORDER ON MOTION

Motions by (1) the Zoning Board of Appeals of the City of Long Beach, Lenny Torres, Marcel Weber, Michael Fina, Stuart Banschick, Lorraine Divone, Michael Leonetti, City of Long Beach, Scott A. Kemins, as Commissioner of the Department of Buildings of the City of Long Beach, and Samuel Ungar, and (2) Xander Corp., for leave to reargue their prior motions for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated May 17, 2004, and (3) separate motion by Sinclair Haberman and Belair Building, LLC, for leave to reargue their prior motion for leave to appeal to this court from the order dated May 17, 2004, and to stay enforcement of so much of the order as remanded the matter to the Zoning Board of Appeals of the City of Long Beach, pending the hearing and determination of the appeals. Appeals by (1) Zoning Board of Appeals of the City of Long Beach, Lenny Torres, Marcel Weber, Michael Fina, Stuart Banschick, Lorraine Divone, Michael Leonetti, City of Long Beach, Scott A. Kemins, as Commissioner of the Department of Buildings of the City of Long Beach, and Samuel Ungar, and (2) Xander Corp., from an order of the same court dated August 27, 2004.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted and, upon reargument, the respective motions for leave to appeal are granted; and it is further,

ORDERED that that branch of the prior motion of Sinclair Haberman and Belair Building, LLC, which was for a stay is granted and so much of the order dated May 17, 2004, as remanded the matter to the Zoning Board of Appeals of the City of Long Beach is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that on the court's own motion, the appeals from the order dated August 27, 2004, (Appellate Division Docket No. 2004-08150) are dismissed as no appeal lies from an order denying reargument.

ALTMAN, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17672

S/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-06714
Michael Harrington, plaintiff,
v Brett Levitzke, etc., et al., defendants.

(Index No. 67095/01)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 9, 2004, which affirmed an order of the Civil Court, City of New York, Kings County, entered July 29, 2002

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., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17637

PL/sl

2004-04270

Hartford Fire Insurance Company, et al.,
respondents, v Honeywell, Inc., d/b/a
Honeywell Protection Services, appellant.
(Index No. 26192/97)

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, Suffolk County, dated February 20, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 10, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17652

S/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2004-02298

John R. Herzog, appellant,
v Theresa M. Herzog, respondent.
(Index No. 203333/01)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated March 5, 2004, on the ground that the appeal is frivolous.

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., KRAUSMAN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17734

S/sl

2004-03888

Indymac Bank, F.S.B., respondent,
v Rebecca Kimball, appellant.
(Index No. 11890/03)

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, Suffolk County, dated April 29, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 28, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17690

O/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

SONDRA MILLER

ROBERT W. SCHMIDT, JJ.

2002-05088
Diane C. Koeth, appellant,
v Robert V. Koeth, respondent.
(Index No. 3790/96)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, entered April 26, 2002, which was determined by decision and order of this court dated October 14, 2003, in effect, inter alia, for leave to reargue a motion for leave to reargue the appeal, which was determined by decision and order on motion of this court dated June 16, 2004, and to waive the payment of the filing fee for the motion.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to waive the payment of the filing fee for the motion is granted; and it is further,

ORDERED that the motion is otherwise denied.

PRUDENTI, P.J., SANTUCCI, S. MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17751

S/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

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 29, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 branch of the motion which is for a preference in calendaring the appeal from the order entered September 22, 2004 (Appellate Division Docket No. 2004-08324), is denied as academic as that appeal was dismissed by decision and order on motion of this court dated October 6, 2004, and it is further,

ORDERED that the branch of the motion which is for a preference in calendaring the appeal from the order entered September 23, 2004 (Appellate Division Docket No. 2004-08325), 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17688

S/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

ROBERT W. SCHMIDT

WILLIAM F. MASTRO, JJ.

2003-02745, 2003-02747
Kunjunjamma Kuriakose, respondent,
v Simpson Gray, appellant.
(Index Nos. 6168/01, 6446/00)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to reargue appeals from two orders of the Supreme Court, Westchester County, dated August 8, 2002, and March 11, 2003, respectively, which were determined by decision and order of this court dated February 17, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17680

S/sl

NANCY E. SMITH, J.P.

GABRIEL M. KRAUSMAN

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2003-05661
Malachy Lyons, Jr., appellant, v Gandin,
Schotsky, Rappaport, Glass & Greene,
LLP, et al., respondents.
(Index No. 12696/99)

DECISION & ORDER ON MOTION

Motion by appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 7, 2004, which determined an appeal from a judgment of the Supreme Court, Nassau County, entered June 9, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17679

C/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-03106
Rosalie Matheson, appellant,
v Eleanor Davies, et al., respondents.
(Index No. 3106/04)

DECISION & ORDER ON MOTION

Motion by Finkelstein & Partners, LLP, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Dutchess County, dated March 15, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and Finkelstein & Partners, LLP, is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on or before November 17, 2004, Finkelstein & Partners, LLP, is directed to serve its 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 her of a copy of this decision and order; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until January 18, 2005, and the record on appeal appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17656

S/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-09129

Francesca Mazella, appellant,
v Humberto Rivera, respondent.
(Index No. 15286/03)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Appeal by Francesca Mazella from a so-ordered transcript of the Supreme Court, Westchester County, dated September 7, 2004.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the so-ordered transcript is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701).

SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17722

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

BARRY A. COZIER

ROBERT A. LIFSON, JJ.

2003-10036
Andrew McCormack, respondent,
v Michael Kamalian, etc., et al., defendants;
Dupee, Dupee & Monroe, P.C., nonparty-
appellant.

(Index No. 6517/98)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, for leave to reargue an appeal from an order of the Supreme Court, Orange County, dated May 17, 2004, which was determined by decision and order of this court dated September 20, 2004.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is for leave to reargue the appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

FLORIO, J.P., ADAMS, COZIER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17740

CF/

2004-08526
Christina McCormack, et al., respondents,
v Town of Pawling, defendant, Bob L.
Smith, et al., appellants.
(Index No. 793/00)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated September 15, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17714

E/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

ROBERT W. SCHMIDT

STEVEN W. FISHER, JJ.

2003-03171, 2003-04531
Patricia Mickens, et al., appellants, v
Anita Parnes LaSala, et al., respondents,
et al., defendant.
(Index No. 42057/00)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 14, 2004, which determined appeals from an order of the Supreme Court, Kings County, dated March 7, 2003, and a judgment of the same court dated April 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 denied.

SANTUCCI, J.P., S. MILLER, SCHMIDT and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17736

S/sl

2004-03894

Mortgage Electronic Registration Systems, Inc.,
etc., respondent, v Yanira Mattei, appellant, et al.,
defendants.
(Index No. 1775/03)

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, Suffolk County, dated April 29, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17653

S/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

HOWARD MILLER

THOMAS A. ADAMS, JJ.

2003-10897
Steven A. Murillo, et al., respondents,
v Michael T. Podgurski, appellant.

(Index Nos. 30895/96, 407/00)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, dated October 10, 2003, (1) for leave to reargue that branch of his prior motion which was to dispense with the reproduction of certain bulky and oversize exhibits, which was determined by decision and order on motion of this court dated August 19, 2004, (2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that upon reargument that branch of the motion which was to dispense with the reproduction of certain bulky and oversize exhibits is granted, and those exhibits shall be filed with the court as part of the original papers; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until December 15, 2004, and the record or appendix on appeal and the appellant's brief shall be served and filed on or before that date.

FLORIO, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17674

S/sl

SONDRA MILLER, J.P.

ROBERT W. SCHMIDT

WILLIAM F. MASTRO

STEVEN W. FISHER, JJ.

2003-07250
Gregory Quattrocchi, et al., plaintiffs, v
Orange & Rockland Utilities, Inc., defendant
third-party plaintiff-respondent; Quattrocchi
& Sons Roofing, Inc., et al., third-party
defendants-respondents, Hermitage Insurance
Company, third-party defendant-appellant.
(Index No. 7248/01)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-appellant to enlarge the record on an appeal from an order of the Supreme Court, Rockland County, entered July 15, 2003, to include six additional even-numbered pages of the insurance policy at issue. By decision and order on motion dated April 5, 2004, the motion was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal. By decision and order on application dated October 18, 2004, the appeal was withdrawn.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the withdrawal of the appeal, it is

ORDERED that the motion is denied as academic.

S. MILLER, J.P., SCHMIDT, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17650

S/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2004-00351
Shastry Ramkellawan, appellant,
v Haroom Lakeram, respondent.
(Index No. 11716/02)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens 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 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., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17639

PL/sl

2004-02198

S.N.H.N.C.Y.I., Inc., appellant-respondent,
v City of Mount Vernon, et al., respondents-
appellants.
(Index No. 12509/03)

ORDER ON APPLICATION

Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and a cross-appeal from an order of the Supreme Court, Westchester County, dated February 2, 2004.

ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the brief of the respondents-appellants shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[d][2]).

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17727

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2004-06102
Anthony Saggio, Jr., respondent,
v Frank Ladone, et al., appellants.
(Index No. 9898/98)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated June 1, 2004, in effect, to amend so much of a prior decision and order on motion of this court dated August 3, 2004, as conditioned the grant of their motion which was to stay the retrial of the above-entitled action, upon perfection of the appeal by September 7, 2004. Cross motion by the respondent to vacate the stay.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the decision and order on motion of this court dated June 1, 2004, is amended by deleting from the decretal paragraphs thereof the date "September 7, 2004," and substituting therefor the date "December 1, 2004"; and it is further,

ORDERED that the cross motion is denied.

RITTER, J.P., S. MILLER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17566

S/sl

2004-00704

Doris L. Sassower, P. C., appellant,
v Beverly Girardi, appellant.
(Index No. 16335/90)

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, Westchester County, dated December 10, 2003.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 17, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17737

CF/

2004-00603
State Farm Mutual Automobile Insurance Company,
et al., appellants, v Paata Abjandadze, defendant,
New Ability Medical, P.C., et al., respondents.
(Index No. 13229/01)

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 November 3, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17735

S/sl

2004-03892

State Street Bank & Trust Company, etc.,
respondent, v Dortha Coakley, et al., defendants,
Donald MacPherson, appellant.
(Index No. 13292/03)

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, Suffolk County, dated March 25, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17654

S/sl

GABRIEL M. KRAUSMAN, J.P.

GLORIA GOLDSTEIN

THOMAS A. ADAMS

BARRY A. COZIER, JJ.

2004-00349
Darren Staton, appellant,
v State of New York, respondent.
(Claim No. 103426)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 18, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated November 20, 2003, for leave to reargue those branches of his prior motion which were for a free transcript, waiver of the filing fee, and for the assignment of counsel, or to allow him to pay a reduced filing fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17742

CF/

2004-07336
Debra L. Vincent-Sam, respondent, v Knapp
Street Entertainment Center, Inc., appellant.
(Index No. 4093/01)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 4, 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17712

S/sl

2004-02196

Westchester County Healthcare Corporation,
appellant, v County of Westchester, respondent.

(Index No. 9882/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Westchester County, dated February 5, 2004.

ORDERED that the application is granted and the reply brief which was submitted to the Clerk of this court on October 28, 2004, is accepted for filing.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17602

J/sl

2004-04156

Stacey Whelan, appellant,
v Lance Longo, respondent.
(Index No. 13271/03)

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, Suffolk County, dated April 13, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17739

CF/

2004-02734
Barbara Jean White, respondent, v
Gannett Satellite Information Network,
Inc., et al., appellants.
(Index No. 3012/99)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated February 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

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17610

J/sl

2004-03941

Julia Xu, respondent, v 688 Sixth Avenue
Realty Co., et al., defendants, Bitteto Pizza
Corp., d/b/a Maffei Restaurant, appellant.
(Index No. 28645/01)

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, Queens County, dated March 16, 2004.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17629

S/sl

2004-04162

Arif Yurteri, appellant,
v Temel Artukmac, et al., respondents.
(Index No. 14999/98)

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, Suffolk County, dated March 22, 2004.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17582

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

ROBERT W. SCHMIDT, JJ.

2003-10009

In the Matter of Solomon Abrahams,
a suspended attorney.
Grievance Committee for the Ninth
Judicial District, petitioner;
Solomon Abrahams, respondent.
(Attorney Registration No. 1246495)

DECISION & ORDER ON MOTION

Motions by the Grievance Committee for the Ninth Judicial District (1) for authorization to serve a supplemental petition of charges upon the respondent and (2) for an order confirming the report of the Special Referee. Cross motion by the respondent for an order disaffirming the report of the Special Referee. By decision and order on motion of this court dated May 3, 2004, that branch of the Grievance Committee's motion which was to continue the respondent Solomon Abraham's interim suspension from the practice of law was denied as academic, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, the issues raised were referred to the Honorable Jerome M. Becker, as Special Referee to hear and report, that branch of the respondent's cross motion which was to vacate his interim suspension from the practice of law was denied as academic, and the cross motion was otherwise denied. By decision and order on motion of this court dated October 16, 2002, in a separate proceeding, the respondent was immediately suspended from the practice of law upon his conviction of a serious crime (Appellate Division Docket No. 2001-08705). By opinion and order of this court dated December 29, 2003, he was suspended for a period of five years in that proceeding. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 20, 1950.

Upon the papers submitted in support of the motions and cross motion and in opposition and relation thereto, it is

ORDERED that the motion by the Grievance Committee for the Ninth Judicial District for authorization to supplement the previously served petition with additional charges nine through thirty-five, as set forth in the supplemental petition dated June 24, 2004, is granted; and it is further,

ORDERED that the Grievance Committee for the Ninth Judicial District is directed to serve an amended supplemental petition upon the respondent upon receipt of a copy of this decision and order on motion and afford the respondent 10 days from service of the amended supplemental petition upon him, to serve an amended answer to the amended supplemental petition upon the petitioner and the Special Referee, and shall file a copy of the same in the office of the Clerk of this court, should he be so advised; and it is further,

ORDERED that the issues raised by the amended supplemental petition and any answer thereto are referred to the Honorable Jerome M. Becker, as Special Referee to hear and to submit his report based solely on those supplemental charges which will be considered along with his previously submitted report on the earlier charges; and it is further,

ORDERED that on the court's own motion, the motion to confirm and the cross motion to disaffirm the report of the Special Referee are held in abeyance; and it is further,

ORDERED that all motions to confirm and/or disaffirm the reports of the Special Referee shall be considered together; and it is further,

ORDERED that the hearing before the Special Referee is reopened solely with respect to the supplemental charges, and the parties are directed to proceed expeditiously; and it is further,

ORDERED that the request that a conservator be appointed is denied at this juncture.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17640

K/nal

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO

REINALDO E. RIVERA, JJ.

1998-00531

In the Matter of Stanley Edward Bogal,
a suspended attorney.
Grievance Committee for the Tenth
Judicial District, petitioner;
Stanley Edward Bogal, respondent.
(Attorney Registration No. 157661)

DECISION & ORDER ON MOTION

By decision and order on motion of this court dated March 29, 2004, this court granted those branches of a motion by the respondent and a cross motion by the Grievance Committee for the Tenth Judicial District which were for an order directing that the respondent be examined by a qualified medical expert to determine whether he is still suffering from a disability that makes it impossible for him to appear at a hearing and defend himself and whether he is still incapacitated from practicing law. The court held in abeyance, pending receipt of the report of the medical expert, those branches of the motion and cross motion which were to reopen the disciplinary proceeding or direct that it be resumed from the point at which it had been held in abeyance. By decision and order on motion of this court dated March 5, 1998, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent, and the matter was referred to the Honorable Luigi R. Marano, as Special Referee, to hear and report. By subsequent decision and order on motion of this court dated June 29, 1998, the Grievance Committee was authorized to prosecute two additional charges of professional misconduct against the respondent, which were referred to the previously-appointed Special Referee. By further decision and order on motion of this court dated October 26, 1999, the petitioner's motion to confirm the report of the Special Referee and the respondent's cross motion, inter alia, to disaffirm the report were held in abeyance pending receipt of a report of a qualified medical expert regarding the respondent's ability to appear at the hearing and adequately defend himself and his fitness to practice law. By decision and order on motion of this court dated April 3, 2001, the respondent was suspended from the practice of law pursuant to 22 NYCRR 691.13(b) on the ground that he was incapacitated from continuing to practice law by reason of a medical disability and the previously authorized disciplinary proceeding against him was held in abeyance. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on February 22, 1971.

Upon receipt of the report of Michael N. Greenblatt, M.D., it is

ORDERED that the suspension imposed upon the respondent pursuant to 22 NYCRR 691.13(b) by decision and order on motion dated April 3, 2001, is vacated and the respondent is reinstated to the practice of law; and it is further,

ORDERED that those branches of the respondent's motion and the Grievance Committee's cross motion which were to reopen the disciplinary proceeding and to direct that the disciplinary proceeding be resumed from where it was held in abeyance or that the hearing be re-opened to both sides are granted and the hearing before the Honorable Luigi R. Marano, as Special Referee, is reopened to afford both the respondent and the petitioner the opportunity to present such additional evidence with respect to the pending charges as is deemed appropriate and to proceed expeditiously with the disciplinary proceeding previously held in abeyance; and it is further

ORDERED that the Grievance Committee's motion to confirm and the respondent's cross motion to disaffirm the report of the Special Referee, are continued to be held in abeyance.

PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17597

Y/sl

ANITA R. FLORIO, J.P.

NANCY E. SMITH

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2003-06024
In the Matter of Dorothy P. Catapano, deceased.
Stuart Grunther, respondent; Joseph Catapano,
et al., appellants.
(File No. 369/02)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a supplemental brief on an appeal from a decree of the Surrogate's Court, Suffolk County, dated June 13, 2003. Cross motion by the appellants, to adjourn the recalendaring of the appeal from the decree dated June 13, 2003, until an appeal from an order of the same court dated October 12, 2004, is perfected, to hear the appeals together, and for an expedited briefing schedule.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition and relation thereto, it is

ORDERED that the motion is granted, and on or before November 10, 2004, the respondent shall serve and file a supplemental brief with regard on the decree dated June 13, 2003, not exceeding four pages in length, plus copies of relevant cases; and it is further,

ORDERED that on or before November 22, 2004, the appellants shall serve and file a supplemental reply brief not exceeding four pages in length, plus copies of relevant cases; and it is further,

ORDERED that the cross motion is granted and the appeals will be calendared together and argued or submitted on the same day, on condition that the appeal from the order dated October 12, 2004, is perfected on or before November 30, 2004.

FLORIO, J.P., SMITH, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17721

C/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2003-09685, 2004-02437
In the Matter of William H. Christian, appellant,
v Uniform Holdings, LLC, et al., respondents.
(Index No. 20048/03)

DECISION & ORDER ON MOTION

Motion by the respondents Uniform Holdings, LLC, and Glenn Christian, individually and as nominated executor of the Estate of William P. Christian, to enlarge the time to serve and file a brief on an appeal from two orders of the Supreme Court, Queens County, dated October 2, 2003, and January 30, 2004, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the movants' time to serve and file a brief is enlarged until November 10, 2004, and the movants' 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., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17579

K/nal

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

NANCY E. SMITH

DANIEL F. LUCIANO, JJ.

1997-11662

In the Matter of Cornell D.M.J. Cornish,
admitted as Cornell D. Cornish,
a suspended attorney.
(Attorney Registration No. 1868975)

DECISION & ORDER ON APPLICATION

Application by the respondent, Cornell D.M.J. Cornish, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 23, 1982, under the name Cornell D. Cornish. By order of the Maryland Court of Appeals dated December 4, 1995, the respondent was placed on inactive status and his name was stricken from the register of attorneys in the State of Maryland. By subsequent order of the same court dated February 7, 1996, the respondent's application for dissolution or amendment of his inactive status was denied. By decision and order of this court dated March 16, 1998, the Grievance Committee's motion to impose reciprocal discipline upon the respondent based upon the disciplinary action taken against him by the Maryland Court of Appeals was held in abeyance pending a hearing at the respondent's request. By opinion of the District of Columbia Court of Appeals dated March 27, 1997, the respondent was suspended indefinitely from the practice of law in the District of Columbia based on the action of the Maryland court, with his reinstatement conditioned upon a showing of fitness. By order of the United States District Court for the Southern District of New York dated April 3, 1996, the respondent was suspended from the practice of law in that court pending his reinstatement in Maryland. By opinion and order of this court dated August 17, 1998, the respondent was suspended from the practice of law for a period of five years, with his reinstatement to the New York Bar conditioned upon his reinstatement to the Maryland Bar. In a decision and order appended to that opinion, the respondent's motion for, inter alia, summary judgment or a new trial was denied. By decision and order of this court dated November 20, 1998, the respondent's motion for, inter alia, leave to appeal this court's decision and order dated August 17, 1998, to the Court of Appeals was denied. By order dated November 16, 2000, the District of Columbia Court of Appeals reinstated respondent to the Bar of that court. By order of the Court of Appeals of Maryland dated October 3, 2003, the respondent was reinstated to the practice of law in the State of Maryland.

Upon the papers filed in support of the application and the papers filed in response thereto, it is

ORDERED that the application is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to the respondent's admission to the Maryland Court of Appeals that he was "unable and has no desire to cope with the demands of the practice of law," and the position of the New York Lawyer's Fund for Client Protection with respect to the respondent's application for reinstatement.

RITTER, J.P., SANTUCCI, FLORIO, SMITH and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17633

M/nal

2004-09055
In the Matter of Theresa Evans, appellant,
v Uniqua Smith, et al., respondents.
(Docket Nos. V-15169-03, V015172-03)

SCHEDULING ORDER

Appeal by Theresa Evans from an order of the Family Court, Westchester County, dated August 17, 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,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17729

2004-01765, 2004-06419

In the Matter of Martha Hindin, deceased.
Michael Hindin, et al., appellants;
Edna B. Rozof, respondent.
(File No. 2208-85)

ORDER ON APPLICATION
Application to Withdraw Appeal

Application by the appellants to withdraw appeals from a decision and an order of the Surrogate's Court, Kings County, dated September 4, 2003, and December 13, 2003, respectively.

Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is

ORDERED that the application is granted and the appeals are marked withdrawn.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17723

E/sl

MYRIAM J. ALTMAN, J.P.

SONDRA MILLER

GABRIEL M. KRAUSMAN

BARRY A. COZIER, JJ.

2003-01379

In the Matter of Maria Korotun, et al.,
appellants, v Laurel Place Homeowner's
Association, Inc., et al., respondents, Susan
McWalters, et al., respondents-respondents.
(Index No. 13166/02)

DECISION & ORDER ON MOTION

Motion by appellants for leave to appeal to the Court of Appeals from a decision and order of this court, dated April 26, 2004, which determined an appeal from an order of the Supreme Court, Nassau County, entered January 8, 2003

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17702

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2003-09320
In the Matter of Lisa Lewis, appellant,
v Francis Redhead, respondent.
(Docket No. F-7557/00)

DECISION & ORDER ON MOTION

Renewed motion by the appellant to enlarge the record on an appeal from an order of the Family Court, Kings County, dated September 18, 2003, to include certain documents, and to waive the motion filing fee.

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 waive the motion filing fee is granted; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17028

PL/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

BARRY A. COZIER

PETER B. SKELOS, JJ.

2004-03612
In the Matter of Mamaroneck Beach &
Yacht Club, Inc., respondent, v Larry Fraioli,
et al., appellants.
(Index No. 5565/04)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated June 17, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent to vacate an automatic stay pursuant to CPLR 5519 on an appeal from an order of the Supreme Court, Westchester County, entered April 21, 2004, and cross motion by Shore Acres Property Owners Association, inter alia, for leave to intervene as an appellant in the above-entitled appeal and to deem the proposed Notice of Appeal and Verified Answer of the Shore Acres Property Owners Association as duly served and filed. Separate applications by the appellants and Shore Acres Property Owners Association to enlarge the time to perfect their appeals.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross-motion is granted to the extent that Shore Acres Property Owners Association is granted leave to file an amicus curiae brief and the cross-motion is otherwise denied; and it is further,

ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before December 22, 2004; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the application of the appellants is granted and the appellant's' time to perfect the appeal is enlarged until December 22, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the application of Shore Acres Property Association is denied as academic.

PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17713

O/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

WILLIAM F. MASTRO, JJ.

2002-06665
In the Matter of Gia Melikishvili,
respondent, v Ketevan Grigolava,
appellant.
(Docket No. O-04770/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this court dated April 1, 2003, which dismissed an appeal from an order of the Family Court, Queens County, dated June 18, 2002, and for leave to proceed as a poor person.

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.

RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17717

C/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

THOMAS A. ADAMS

ROBERT A. LIFSON, JJ.

2004-04299
In the Matter of Howard Podolsky, et al.,
petitioners, v Randy Daniels, etc., et al.,
respondents.
(Index No. 35378/03)

DECISION & ORDER ON MOTION

Motion by Long Island Board of Realtors, Inc., for leave to file an amicus curiae brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated April 23, 2004.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the amicus curiae brief must be served on the parties, and nine copies filed in this court on or before November 19, 2004; and it is further,

ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,

ORDERED that the petitioners, if they be so advised, may file a reply brief to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief; and it is further,

ORDERED that the respondent's time to serve and file a brief in response to the briefs of the petitioner and the amicus curiae is enlarged until December 6, 2004, and the respondent's brief shall be served and filed on or before that date.

SMITH, J.P., LUCIANO, ADAMS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17705

O/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2004-00829
In the Matter of Lina Catalina R. (Anonymous).
Suffolk County Department of Social Services,
respondent; Leonaldo R. (Anonymous), appellant.
(Docket Nos. B-2959-03, B-2960-03)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to file a late notice of appeal on an appeal from an order of the Family Court, Suffolk County, dated January 22, 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 (see Parochial Bus Systems, Inc. v Board of Education of City of New York, 60 NY2d 539).

FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17686

E/sl

NANCY E. SMITH, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2004-05367

In the Matter of T'Challaarkiesha Janette
Jouslin R.-D. (Anonymous), a/k/a T'Challa
D. (Anonymous), T'Challa R.-D. (Anonymous),
T'Chalia D.(Anonymous).
Angel Guardian-St. Mary's Children and
Family Services, Inc., respondent; Shavonne R.
(Anonymous).
(Docket No. B-7321/01)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign New Counsel
Family Court

Motion by the appellant, inter alia, for leave to prosecute an appeal from an order of the Family Court, Kings County, dated May 28, 2004, as a poor person, for the assignment of counsel, and to stay the adoption of the subject child pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:

Elliot Green, Esq.

26 Court Street - Suite 1215

Brooklyn, New York 11242

(718) 260-8668

and it is further,

ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion is otherwise denied.

SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17635

M/nal

2004-09388
In the Matter of Angela Strand, respondent,
v James Grant, appellant.
(Docket Nos. V-18750-03, V-7557-04)

SCHEDULING ORDER

Appeal by James Grant from an order of the Family Court, Suffolk County, dated September 24, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 of the Family Court proceedings 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) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17638

M/nal

2004-09334, 2004-09336, 2004-09339
In the Matter of Jerome Marcel T. (Anonymous), Jr.
Westchester County Department of Social Services, respondent;
Demetria W. (Anonymous), appellant.
In the Matter of James Devon P. (Anonymous), Jr.
Westchester County Department of Social Services, respondent;
Demetria W. (Anonymous), appellant.
In the Matter of Shanequa Romelle E. (Anonymous).
Westchester County Department of Social Services, respondent;
Demetria W. (Anonymous), appellant.
(Docket Nos. B-6085-03, B-6081-03, B-6087-03 )

SCHEDULING ORDER

Appeals by Demetria W. from three orders of the Family Court, Westchester County, all dated September 7, 2004. 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 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 of the Family Court proceedings 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 they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or

(5) 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), (4), or (5) 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 718-722-6487 with any questions.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17634

M/nal

2004-09362
In the Matter of Courtney Elizabeth V. (Anonymous).
Suffolk County Department of Social Services, respondent;
Denise V. (Anonymous), appellant.
(Docket No. B-10816-04)

SCHEDULING ORDER

Appeal by Denise V. from an order of the Family Court, Suffolk County, dated September 23, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

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 of the Family Court proceedings 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

(5) an affidavit or an affirmation withdrawing the appeal; and it is further,

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.

Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M17651

S/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

REINALDO E. RIVERA, JJ.

2001-11008
The People, etc., respondent,
v Carlos Marin, appellant.
(Ind. No. 8585/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered November 29, 2001, which was determined by decision and order of this court dated May 24, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court