Appellate Division: Second Judicial Department
M31833
E/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2004-00606 Bank of New York, etc., plaintiff-respondent, v Jaime Ortiz, et al., appellants, et al., defendants; Kenneth Racktoo, intervenor-respondent. (Index No. 7784/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated December 22, 2003, in effect, to recall and vacate two decisions and orders on application of this court dated August 3, 2005, and August 11, 2005, respectively, which granted the respondents' applications to enlarge their time to serve and file their briefs and to strike the respondents' briefs.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the first decretal paragraph of the decision and order on motion of this court dated September 13, 2005, is amended by deleting the words "on condition that on or before October 7, 2005, the appellants pro se serve and file a supplemental appendix containing the papers filed in opposition to the motion."
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31822
T/sl
|
2005-01943
Oleg Blufshtein, etc., et al., appellants, v Kam Man Food, LLC, et al., respondents. (Index No. 49828/02)
| 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 February 15, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 20, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31885
A/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-05730
Board of Education of Mamaroneck Union Free School District, appellant, v Attorney General of the State of New York, etc., respondent. (Matter No. 1)
(Index No. 9681/04) In the Matter of Richard Cantor, respondent, v Mamaroneck Union Free School District, et al., appellants. (Matter No. 2) (Index No. 10481/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants for a preference in the calendaring of an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated April 25, 2005.
Upon the papers submitted in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic, as the appeal has been calendared for November 28, 2005.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31749
S/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-01670 Diane Carter, et al., appellants, v City of New York, respondent, et al., defendant. (Appeal No. 1) (Index No. 13255/01) 2005-06488 Sharon Sims, etc., et al., appellants, v City of New York, respondent. (Appeal No. 2) (Index No. 4319/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellants in Appeal No. 1 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time for the appellants on both appeals to perfect appeals from an order of the Supreme Court, Kings County, dated December 16, 2004 (Appellate Division Docket No. 2005-01670), and an order of the same court dated May 6, 2005 (Appellate Division Docket No. 2005-06488), and to consolidate the appeals.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until February 16, 2006, and the joint record or appendix on the appeal and the appellants' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the parties are directed to file 10 copies of the record or appendix and their respective briefs.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31864
S/sl
|
2005-03850
Albert Castricone, respondent, v Debra Castricone, appellant.
(Index No. 17056/98)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court in the above-entitled case dated October 19, 2005, is amended by deleting from the caption thereof the name "Robert Castricone" and substituting therefor the name "Albert Castricone".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31764
S/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-09890
Gloria T. Coleman, appellant, v Wakefern Food Corporation, d/b/a Shop Rite, Inc., respondent. (Index No. 0709/04)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from stated portions of an order of the Supreme Court, Westchester County, dated September 8, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from the portion of the order appealed from as it was entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342).
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31766
S/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-09977
Elise Flangos, respondent, v Paul Flangos, appellant. (Index No. 18399-04)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 19, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order and judgment entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342; CPLR 5511).
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31805
T/sl
|
2005-03836
Thomas P. Gabler, appellant, v Marly Building Supply Corp., et al., respondents. (Index No. 45458/03)
| 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 April 7, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 19, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31907
Y/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-09793 Louis Galanos, respondent, v Suzanne Galanos, appellant. (Index No. 5337/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated October 4, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31741
S/nal
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-05450, 2005-05452
Joseph J. Gentile, appellant, v John Dellis, et al., respondents. (Index No. 15982/03)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, dated April 26, 2005, and April 28, 2005, respectively.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as no appeal lies from orders entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the application is denied as academic.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31871
Y/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-09976 Joseph Ghamandi, respondent, v Energy Conservation Group, LLC, et al., appellants. (Index No. 13398/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 22, 2005, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion an the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31753
S/nal
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-09523 Christine A. Giess-Carlson, respondent, v Eric J. Carlson, appellant. (Index No. 04-10382)
| DECISION & ORDER ON MOTION |
Appeal by Eric J. Carlson from a judgment of the Supreme Court, Suffolk County, dated August 2, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by a judgment entered upon stipulation (see CPLR 5511).
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31828
T/sl
|
2005-02086 Carmela Giugliano, appellant, v Anthony M. Giammarino, et al., respondents. (Index No. 10567/01)
| 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, Suffolk County, entered January 27, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 8, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31826
Y/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-03698 Hall, Dickler, Kent, Goldstein & Wood, LLP, respondent, v Suzanne McCormick, appellant. (Index No. 11605/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered March 18, 2005, and cross application by the appellant to enlarge the time to perfect that appeal.
Upon the papers filed in support of the motion and cross application and the papers filed in opposition thereto, it is
ORDERED that the cross application is granted, the appellant's time to perfect the appeal enlarged until December 29, 2005, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion by the respondent to dismiss the appeal is denied.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31835
R/nal
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-01694
Daniel Kwa, et al., appellants, v Mark Roberts, etc., et al., respondents. (Index No. 41548/99)
| 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 May 2, 2005, which determined an appeal from an order of the Supreme Court, Kings 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.
SANTUCCI, J.P., KRAUSMAN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31831
T/sl
|
2005-04148
Santa LeBron, appellant, v H.E.L.P. of New York, et al., respondents. (Index No. 34661/03)
| 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, Kings County, dated March 22, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31819
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
|
2004-05812 Rose Lupo, appellant, v Montauk Properties, LLC, respondent. (Index No. 22857/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 2004, which was determined by decision and order of this court dated July 5, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., KRAUSMAN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31848
R/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-01328
Wilfrid Morino, et al., appellants, v Joyce Greene, et al., respondents. (Index No. 8001/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated December 23, 2004, 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]).
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31665
A/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2005-08700
NYCTL 1997-1 Trust, et al., plaintiffs-respondents, v Felix Martinez, etc., et al., defendants; George B. Headley, nonparty-appellant; Linda S. D'Ambrosio, nonparty-respondent. (Index No. 18507/99)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated July 6, 2005, on the ground, among others, that the appellant is not aggrieved by the order appealed from.
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 granted and the appeal is dismissed, without costs or disbursements.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31816
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
GABRIEL M. KRAUSMAN
PETER B. SKELOS, JJ.
|
2003-05087 Ralph Neama, et al., respondents, v Town of Babylon, Commercial Garbage District No. 2, etc., et al., appellants. (Index No. 7393/96)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Suffolk County, dated May 14, 2003, which was determined by decision and order of this court dated May 31, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the appellants for the same relief. Application by the respondents to strike from the cross motion papers material which refers to matter dehors the record.
Upon the papers filed in support of the motion, cross motion, and application, and the papers filed in opposition thereto, it is
ORDERED that the motion are cross motion are denied; and it is further,
ORDERED that the application is granted, and the material in the cross motion papers which refers to matter dehors the record was not considered in the determination of the motion and cross motion.
FLORIO, J.P., ADAMS, KRAUSMAN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31763
D/sl
|
2005-04327
Chika Oguagha, respondent, v Midwood Chayim Aruchim Dialysis Associates, Inc., et al., appellants. (Index No. 39905/04)
| 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 28, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 26, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31762
T/sl
|
2005-03594 Maria Outlaw, respondent-appellant, v Citibank, N.A., appellant-respondent. (Index No. 6171/03)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered April 7, 2005.
ORDERED that the application is granted, and the appellant-respondent's time to perfect the appeal is enlarged until December 12, 2005, 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; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before January 11, 2006 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31754
S/nal
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-09753
Thomas Patrice, et al., appellants, v Rose Francois, etc., et al., respondents. (Index No. 14080/04)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiffs from an order of the Supreme Court, Kings County, dated August 12, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342).
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31773
D/sl
|
2005-04186
John Rodricks, et al., plaintiffs-respondents, v Johanna O'Leary, appellant, Dargan Leasing Corp., Inc., defendant-respondent. (Index No. 3651/02)
| 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 March 22, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 20, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31834
R/nal
ROBERT W. SCHMIDT, J.P.
SONDRA MILLER
FRED T. SANTUCCI
WILLIAM F. MASTRO, JJ.
|
2004-00555
Stephen Rozenberg, et al., appellants-respondents, v Robert Bacigalupo, et al., respondents-appellants. (Index No. 5963/98)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, dated June 25, 2004, which was determined by decision and order of this court dated May 31, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., S. MILLER, SANTUCCI and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31768
D/sl
|
2005-04304
John Salvanti, appellant, v Sunset Industrial Park Associates, et al., respondents. (Index No. 26871/03)
| 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, Kings County, dated May 1, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31867
R/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-09513 Carol Ann Scicchitano, etc., plaintiff, v Michael Algazi, etc., defendant.
(Index No. 13328/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated September 22, 2005, and to stay the trial in the above entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it ifs further,
ORDERED that the branch of the motion which is to stay the trial is denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31874
E/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-00695 Salvatore Sereno, appellant, v 400 East 51st Street, LLC, et al., respondents.
(Index No. 42425/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 9, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31865
S/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO, JJ.
|
2005-00434 Silver Street Development Corporation II, plaintiff- respondent, v Park Lake Housing Development Fund Corp. (former Board of Trustees), et al., appellants, Park Lane Housing Development Fund Corp. (current Board of Trustees), defendant- respondent; Eliot Spitzer, etc., intervenor- respondent. (Index No. 10415/04)
| DECISION & ORDER ON APPLICATION |
Application by the respondent Park Lane Housing Development Corp. 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 9, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted; the appellants' time to serve and file a supplemental record as directed by the decision and order on motion of this court dated September 30, 2005, is enlarged until January 31, 2006, and the supplemental record shall be served and filed on or before that date; the time of the respondent Park Lane Housing Development Corp. to serve and file a brief is enlarged until March 6, 2006, and that respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., ADAMS, GOLDSTEIN and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31726
A/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
SONDRA MILLER
WILLIAM F. MASTRO, JJ.
|
2005-08618
Hugh J. Sneddon, petitioner, v Helena Greene, et al., respondents. (Docket No. 1203/03)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Helena Greene and Lawrence Greene for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated April 29, 2005, which affirmed a final judgment of the Justice Court of the Town of Pelham, Westchester County, entered October 2, 2002, and dismissed an appeal from an order of the same court also dated October 2, 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.
ADAMS, J.P., CRANE, S. MILLER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31770
D/sl
|
2005-04675 Emmanuel Taveras, plaintiff-respondent, v Barbara J. Conte, et al., appellants, Tom's Auto Refinishing & Collision, Inc., defendant-respondent. (Index No. 2510/03)
| 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, Suffolk County, dated April 6, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 9, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31783
D/sl
|
2005-04575
Susan Taylor, plaintiff-respondent, v Louis A. Martorella, et al., appellants, Nyack Hospital, defendant; Rosemary Taylor, guardian ad litem-respondent. . (Index No. 2602/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Rockland County, dated April 5, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 3, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31744
S/sl
STEPHEN G. CRANE, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
ROBERT A. LIFSON, JJ.
|
2004-10349 Vardon, Inc., respondent, v Suga Development, LLC, appellant. (Index No. 7124/01)
| 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 a purported order and judgment (one paper) of the Supreme Court, Rockland County, dated October 20, 2004. By order to show cause dated June 3, 2005, the parties or their attorneys were directed to show cause why an order should or should not be entered dismissing the appeal on the ground that the purported order and judgment is merely a decision from which no appeal lies (see Schicchi v Green Constr. Corp., 100 AD2d 509), and the application to enlarge time was held in abeyance in the interim.
Upon the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
CRANE, J.P., S. MILLER, LUCIANO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31742
A/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-07137 John Whitfield, appellant, v State of New York, respondent. (Claim No. 107985)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Court of Claims, dated July 6, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31784
C/nal
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09261
Leszek Zukowski, et al., appellants, v Yury Gokhberg, et al., defendants, V&V Construction Corporation, respondent (and a third-party action). (Index No. 28062/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 30, 2004, on the ground that the record on appeal does not contain the plaintiffs' trial exhibits, or to direct the appellants to serve and filed a supplemental record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental record on appeal containing the medical exhibits submitted by the plaintiffs at trial is granted; on or before November 29, 2005, the appellants shall serve and file a supplemental record on appeal containing the medical exhibits the appellants submitted at trial; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted; the respondent's time to serve and file a brief is enlarged until December 30, 2005; and it is further,
ORDERED that the motion is otherwise denied.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31870
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-08492
In the Matter of Joseph Brooks, respondent, v Marissa Brooks, a/k/a Marissa Pollachek, appellant. (Docket No. V-6976-05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 12, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Donald M. Card, Jr., Esq.
490 Wheeler Road - Suite 165K
Hauppauge, New York 11788
(631) 974-3149
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31808
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-05483 In the Matter of Anthony M. Correnti, appellant, v Suffolk County District Attorney, respondent. (Index No. 2519/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, dated April 15, 2005, for leave to reargue that branch of his motion which was to waive the filing fee, which was determined by decision and order on motion of this court dated August 9, 2005.
Upon the papers filed in support of the motion and papers filed in opposition and relation thereto, it is
ORDERED that the motion is granted, upon reargument, that branch of the prior motion which was to waive the filing fee is granted; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until December 30, 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, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31873
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-08016, 2005-08018, 2005-08019, 2005-08020 In the Matter of Donta J. (Anonymous), appellant. (Docket Nos. D-3236-04, D-5311-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute appeals from four orders of the Family Court, Richmond County, dated January 6, 2005, March 30, 2005, and two dated August 10, 2005, respectively, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Mitchell P. Newman, Esq., 94 Hancock Street, Suite 2A, Staten Island, New York 10305, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Cynthia A. Lee, Esq.
900 So. Avenue - 3rd Floor
Staten Island, New York 10314
(718) 535-7622
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31866
F/
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-04652 In the Matter of Yoldine L. (Anonymous). Administration for Children's Services, appellant; Nillvar J. (Anonymous), respondent-respondent, et al., respondent. (Proceeding No. 1) In the Matter of Makenson R. (Anonymous). Administration for Children's Services, appellant; Nillvar J. (Anonymous), respondent-respondent, et al., respondent. (Proceeding No. 2) In the Matter of Tyesha J. (Anonymous). Administration for Children's Services, appellant; Nillvar J. (Anonymous), respondent-respondent, et al., respondent. (Proceeding No. 3) (Docket Nos. N-24712-03, N-24719-03, N-24720-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent Nillvar J. for leave to defend an appeal from an order of the Family Court, Kings County, dated April 8, 2005, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel for the respondent Nillvar J. to defend the appeal:
Cynthia A. Lee, Esq.
900 South Avenue - 3rd Floor
Staten Island, New York 10314
(718) 535-7622
and it is further,
ORDERED that counsel in the Family Court is relieved, and is directed to turn over all papers in the action to new counsel herein assigned.
SCHMIDT, J.P., COZIER, RIVERA, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31774
T/sl
|
2005-03330 In the Matter of Liberty Mutual Insurance Company, respondent, v Michael Letscher, appellant. (Index No. 16132/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 3, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31798
E/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-08377 In the Matter of Frankie Lopez, appellant, v Jannette Hernandez, respondent.
(Docket No. F-31316-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 23, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is for leave to proceed on the original papers is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31751
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
GABRIEL M. KRAUSMAN
STEVEN W. FISHER, JJ.
|
2005-02140 In the Matter of William Mitchell, petitioner, v James Hudson, etc. respondent.
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78 in the nature of mandamus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated May 6, 2005, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated May 6, 2005, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
H. MILLER, J.P., CRANE, KRAUSMAN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31908
M/nal
|
2005-00605 In the Matter of Vivian Musarra, respondent, v Robert Musarra, appellant. (Docket No. F-13158-03)
| SCHEDULING ORDER |
Appeal by Robert Musarra from an order of the Family Court, Nassau County, dated December 3, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 15, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until November 9, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31868
R/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-09637 In the Matter of Aaron Pino, petitioner, v Denise Grimaldi, respondent; Administration for Children's Services of City of New York, nonparty.
(Docket No. V-15819/01)
| DECISION & ORDER ON MOTION |
Motion by the Administration for Children's Services of the City of New York for leave to appeal to this court from an order of the Family Court, Queens County, dated October 3, 2005, and to stay enforcement of the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31747
Y/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-03765 In the Matter of Jennifer R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Steven R. (Anonymous). Suffolk County Department of Social Services, respondent; Steven R. (Anonymous), et al., appellants. (Proceeding No. 2) (Docket Nos. B-11328-03, B-11329-03 B-11334-03, B-11335-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant Gordanna Kondon R. on appeals from an order of the Family Court, Suffolk County, entered April 1, 2005, in effect, to further amend so much of decisions and orders on motion of this court dated May 20, 2005, as conditioned a stay and other relief upon perfection of the appeals on or before June 30, 2005.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decisions and orders on motion of this court dated May 20, 2005, are further amended by deleting from the decretal paragraphs thereof the date "October 11, 2005," and substituting therefor the date "November 14, 2005."
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31335
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2005-07625 In the Matter of Amanda Sherman, petitioner- appellant, v Eleanor Hughes, respondent; Rhonda Weir, nonparty-appellant. (Proceeding No. 1) In the Matter of Amanda Sherman, o/b/o Tyrell Sherman, petitioner-appellant, v Eleanor Hughes, respondent; Rhonda Weir, nonparty-appellant. (Proceeding No. 2) (Docket Nos. V-11702-01, V-11704-01)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant Amanda Sherman in proceedings before the Family Court, Kings County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Kings County, dated July 21, 2005, and for leave to the appellant to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the counsel assigned by the Family Court is relieved from representing the appellant Amanda Sherman on the appeal; and it is further,
ORDERED that said counsel is directed to turn over all papers in the action to the new counsel herein assigned; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Court Act § 1116); and it is further,
ORDERED that the stenographers(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.0); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal on behalf of Amanda Sherman:
Zvi Ostrin, Esq.
130 7th Avenue - Suite 206
New York, New York 10011
(917) 579-1371
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31336
F/
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2005-07625
In the Matter of Amanda Sherman, petitioner- appellant, v Eleanor Hughes, respondent; Rhonda Weir, nonparty-appellant. (Proceeding No. 1) In the Matter of Amanda Sherman, o/b/o Tyrell Sherman, petitioner-appellant, v Eleanor Hughes, respondent; Rhonda Weir, nonparty-appellant. (Proceeding No. 2)
(Docket Nos. V-11702-01, V-11704-01)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian, the nonparty-appellant, to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Kings County, dated July 21, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31895
A/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-09584
In the Matter of Neil M. Siskind, petitioner, v Courtney A. Schael, respondent. (Docket No. V-7484/03)
| DECISION & ORDER ON MOTION |
Motion by Courtney A. Schael for leave to appeal to this court from an order of the Family Court, Nassau County, dated October 6, 2005, and to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31787
D/sl
|
2005-01640 In the Matter of State Farm Mutual Automobile Insurance Company, respondent, v Maria Rinaldi, appellant. (Index No. 6747/04)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated December 15, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 12, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31761
S/nal
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-09689 In the Matter of T. (Anonymous), Children. St. Vincent Services, Inc., petitioner-respondent; Telemaque T. (Anonymous), appellant, et al., respondent. (Docket Nos. B-26285-02, B-26286-02, B-26287-02, B-26288-02, B-26289-02, B-11037-03)
| DECISION & ORDER ON MOTION |
Appeal by Telemaque T. from a decision of the Family Court, Kings County, dated May 12, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the decision is not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31739
A/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2004-01199 The People, etc., respondent, v Virgil Russell Booker, appellant
(Ind. No. 621/03)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motions by the appellant pro se (1) for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered January 16, 2004, and (2) to provide him with certain additional material in connection with the preparation of the supplemental brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion for an enlargement of time to serve and file a supplemental brief is granted, and the appellant's supplemental pro se brief shall be served and filed on or before January 4, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion to provide the defendant with certain additional material is denied.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31918
S/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
ROBERT A. LIFSON
ROBERT J. LUNN, JJ.
|
2005-03416 The People, etc., respondent, v Rafael Bordenave, appellant. (Ind. No. 80-00309)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated September 15, 2005, in the above-entitled case is amended by adding thereto before the final decretal paragraph the following:
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with the appellant's current address or last known address; and it is further,
ADAMS, J.P., MASTRO, LIFSON and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31725
A/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
DAVID S. RITTER
WILLIAM F. MASTRO, JJ.
|
1998-05880, 1998-11393 The People, etc., respondent, v Julio Borrell, a/k/a Julio Cesar Borrell, appellant. (Ind. Nos. 3794/94, 4841/94)
| DECISION & ORDER ON MOTION |
Motion by appellant pro se on appeals from two judgments of the Supreme Court, Queens County, rendered June 11, 1998, and December 10, 1998, respectively, which were determined by decision and order of this court dated June 21, 2004, to assign him counsel to prepare an application for a writ of error coram nobis to vacate the decision and order of this court dated June 21, 2004, on the ground of ineffective assistance of appellate counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., H. MILLER, RITTER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31878
F/
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-08863 The People, etc., respondent, v Robert Cabassa, appellant. (Ind. No. 3123/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se pursuant to CPL 460.30 to extend his time to take an appeal from a judgment of the Supreme Court, Queens County, rendered August 4, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's time to take an appeal from the judgment is extended and the appellant's motion papers are deemed a timely notice of appeal from the judgment of the Supreme Court, Queens County, rendered August 4, 2005.
H. MILLER, J.P., ADAMS, GOLDSTEIN, and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31820
E/nal
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-06293 The People, etc., respondent, v Donald Crawford, appellant. (Ind. No. 430-04)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 9, 2004.
Now, on the court's own motion, it is
ORDERED that the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before November 30, 2005; and it is further,
ORDERED that the motion by assigned counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31781
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2002-05730 The People, etc., respondent, v Jason DeLeon, appellant. (Ind. No. 01-00847)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 5, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before December 20, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31876
F/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2003-08858 The People, etc., respondent, v Paul Dudley, appellant. (Ind. No. 02-00411)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered September 30, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 12, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:
Barry E. Warhit, Esq.
399 Knollwood Road - Suite 206
White Plains, New York 10603
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 former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Evelyn K. Isaac, Esq.
175 Main Street
White Plains, New York 10601
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy if the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.), and written directions.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03 A 5495
Green Haven Corr. Fac.
P.O. Box 4000 H-3-327
Stormville, New York 12528
Appellate Division: Second Judicial Department
M31814
A/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-04891 The People, etc., respondent, v Gerald L. Fryar, appellant.
(Ind. No. 123/03)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered May 19, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before January 3, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
CRANE, J.P., RITTER, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M31523
F/
HOWARD MILLER, J.
|
2005-08818 The People, etc., plaintiff, v Peter Graziano, defendant. (Ind. No. 1467/85)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 4, 2005, 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.
HOWARD MILLER
Associate Justice
Appellate Division: Second Judicial Department
M31759
C/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-08663, 2005-00873 The People, etc., respondent, v Theodore Hendrickson, appellant. (Ind. No. 04-0133)
| DECISION & ORDER ON MOTION |
Motion by Lorilee Gates, an attorney in good standing in the State of California, to be admitted pro hac vice to represent the appellant on appeals from two judgments of the County Court, Westchester County, rendered September 13, 2004, and December 9, 2004, respectively, and to enlarge the time to perfect the appeals.
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 Lorilee Gates is admitted, pro hac vice, to represent the appellant on the appeals; and it is further,
ORDERED that the appellant's brief, previously submitted to the Clerk of this court, is accepted for filing.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31728
A/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
SONDRA MILLER
DAVID S. RITTER, JJ.
|
1998-04553 The People, etc., respondent, v Shameek Lewis, appellant. (Ind. No. 4803/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue his application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated May 7, 2001 (People v Lewis, 283 AD2d 442), affirming a judgment of the Supreme Court, Kings County, rendered May 14, 1998, which was denied by decision and order of this court dated July 18, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, S. MILLER and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31804
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2002-10684, 2002-10686 The People, etc., respondent, DECISION & ORDER v John Parisi, appellant.
(Ind. Nos. 1051/01, 1505/01)
| ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from two judgments of the County Court, Suffolk County, both rendered November 6, 2002, and, in effect, to expand the record to include certain materials.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, and the appellant's supplemental pro se brief shall be served and filed on or before December 19, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31823
T/sl
|
2002-06967
The People, etc., respondent, v Charles Vaughn, appellant. (Ind. No. 01-135)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Rockland County, rendered June 20, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 1, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31769
S/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2004-01031 The People, etc., respondent, v Mark C. Weekes, appellant. (Ind. No. 00-00218)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered December 31, 2003, to strike the brief filed by assigned counsel and for leave to proceed pro se and to deem his supplemental brief to be the brief on the appeal. By decision and order on motion dated September 13, 2005, the motion was held in abeyance and the appellant was given until October 31, 2005, to file with this court a properly executed waiver of his right to appellate counsel, or the motion would be denied. The appellant has submitted a letter advising the court that he does not wish to execute a waiver of his right to appellate counsel.
Upon the papers filed in support of the motion, the papers filed in relation thereto, and upon the submission of the appellant, it is
ORDERED that the motion is denied.
FLORIO, J.P., CRANE, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31738
S/nal
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-09781
The People, etc., respondent, v Gary Wong, appellant. (Ind. No. 02010/04)
| DECISION & ORDER ON MOTION |
Appeal by Gary Wong from a judgment of the Supreme Court, Queens County, rendered July 6, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed as this appeal is a duplicate of an appeal from the same judgment pending under Appellate Division Docket No. 2005-06758, which was withdrawn by the appellant by order on application dated August 29, 2005.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31743
S/sl
THOMAS A. ADAMS, J.P.
STEPHEN G. CRANE
FRED T. SANTUCCI
GLORIA GOLDSTEIN, JJ.
|
2005-01255 The People, etc., ex rel. James Burgess, petitioner, v William E. Phillips, etc., respondent.
| DECISION & ORDER ON MOTION |
Application for a writ of habeas corpus. During the pendency of the proceeding, the petitioner, a State inmate under sentence for conviction of a crime, moved pursuant to CPLR 1101 for permission to prosecute the proceeding as a poor person. By decision and order on motion of this court dated February 23, 2005, that motion was denied, and the petitioner was given 120 days within which to pay the filing fee, or the proceeding would be dismissed. The petitioner has not complied with that directive, and 120 days have passed.
Now, on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated February 23, 2005, it is
ORDERED that the proceeding is dismissed, without costs or disbursements.
ADAMS, J.P., CRANE, SANTUCCI and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court