Appellate Division: Second Judicial Department
M31928
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2005-07319
Sharon Chervin, etc., respondent, v Jerzy Macura, etc., et al., appellants. (Index No. 36659/04)
| 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, Kings County, dated July 14, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 30, 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
M31932
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
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2005-03464 Jeffrey Collado, et al., appellants, v Jose Pineda, et al., respondents. (Index No. 20264/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated January 7, 2005, in effect, to extend the time to serve the notice of appeal on Jose Pineda and Jeffrey Collado, as plaintiff on the counterclaim, pursuant to CPLR 5520(a), and 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 branch of the motion which is, in effect, to extend the time to file the notice of appeal on Jeffrey Collado, as plaintiff on the counterclaim, is granted, and the notice of appeal is deemed timely served; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until January 2, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve the notice of appeal on Jose Pineda is denied as academic.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31942
E/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
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2005-02698 Valentina Colon, respondent, v Jose Vargas, defendant, Cesar D. Zepeda, appellant. (Index No. 24052/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated February 18, 2005, in effect, to strike a brief submitted by the defendant Jose Vargas on the ground that he is not a respondent on 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 the brief of Jose Vargas is stricken.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31971
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2005-06396
James D. Corgan, et al., respondents, v Coach Realty, et al., appellants, et al., defendant. (Index No. 7292/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 26, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31969
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2005-08411
Scott Desabato, plaintiff-respondent, v 674 Carroll Street Corp., defendant third-party plaintiff-respondent; Wendy Fleisher, third-party defendant-appellant. (Index No. 22682/03)
| 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 13, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31958
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THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
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2005-07146 Estate of Marek Leniart, a/k/a Mario Levandowski, appellant, v Mark J. Greg, et al., respondents. (Index No. 11757/01)
| 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 May 25, 2005, on the ground that the motion which resulted in the order dated May 25, 2005, although denominated as one for "reconsideration," is in fact, a motion for reargument, and no appeal lies from an order denying a motion to reargue.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying a motion to reargue.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31993
L/
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2005-08413
Matilda Garcia, appellant, v South Brooklyn Legal Services, et al., respondents. (Index No. 50379/02)
| 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 July 11, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31945
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HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
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2005-07502 Frank Gulla, plaintiff, v Neil H. Greenberg & Associates, et al., defendants third-party plaintiffs- respondents-appellants, Bunyan & Baumgartner, LLP, defendant respondent-appellant, et al., defendant; Fellows, Hymowitz & Epstein, P.C., et al., third-party defendant-appellant-respondent. (Index No. 2060/04)
| DECISION & ORDER ON MOTION |
Motion by Bunyan & Baumgartner, LLP, the defendant respondent-appellant, to dismiss an appeal from an order of the Supreme Court, Rockland County, dated March 14, 2005, on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that on the court's own motion the cross appeals are dismissed, without costs or disbursements, on the ground that the cross appeals were untimely taken (see CPLR 5513).
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31987
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2005-04898
Steven J. Herrick, d/b/a Law Office of Steven L. Herrick, respondent, v Christina Lyon, appellant. (Index No. 02/012078)
| 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 9, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 16, 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
M31931
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2005-05285
Ralph C. Horsham, respondent, v Stephanie Lubicz, etc., et al., appellants, etc., et al., defendants. (Index No. 21451/94)
| ORDER ON APPLICATION |
Application by the appellant La Guardia Hospital, in effect, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of the respondent to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated April 18, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 23, 2006, 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
M31963
L/
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2005-08062 Olga Husbands, respondent, v Thomas Bolton, et al., appellants. (Index No. 30886/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated June 17, 2005.
Upon the stipulation of the parties, dated October 27, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31990
L/
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2005-04284
Donald James, appellant, v Anthony Barbarino, et al., respondents. (Index No. 12272/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31810
E/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
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2004-08803
Darrell A. Johnson, appellant, v Jayne Worley, respondent. (Index No. 8338/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order on motion of this court dated August 29, 2005, which dismissed an appeal from a judgment of the Supreme Court, Kings County, dated September 7, 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., CRANE, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31975
L/
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2005-06603
Bruce A. Jones, et al., appellants, v Goswald Hughes Development Corp., et al., respondents. (Index No. 04/00758)
| 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 June 21, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31922
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2002-00161
Givi Kobiashvilli, et al., plaintiffs-respondents, v Mitchell Hill, et al., appellants, Valange Garage Systems, Inc., defendant-respondent, et al., defendant. (Index No. 5331/98)
| 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, Queens County, dated November 9, 2001.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31929
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2005-02291, 2005-02292
Boris Koyenov, et al., respondents, v Twin-D Transportation, Inc., et al., appellants, et al., defendant. (Index No. 36283/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decision of the Supreme Court, King County, dated September 14, 2004, and an order of the same court dated February 23, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 15, 2005, and the record or appendix on the appeals 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
M31985
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2005-04887
Karen Leech, respondent, v Edward J. Leech, appellant. (Index No. 04-9395)
| 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 14, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31973
L/
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2005-04577
Stuart Leibowitz, plaintiff-respondent, v Bruce Lang, et al., defendants-respondents, Michael Dominici, appellant. (Index No. 03/17759)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 22, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31934
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2004-08295, 2005-06648
Ronald Liquore, et al., appellants, v Tri-Arc Manufacturing Co., respondent. (Index No. 19226/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on appeals from two orders of the Supreme Court, Westchester County, dated August 4, 2004, and May 31, 2005, respectively.
ORDERED that the application is granted and the respondent's time to serve and file briefs on each appeal is enlarged until November 28, 2005, and the respondent's briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31978
L/
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2005-07167
Jennifer Luisi, plaintiff-respondent, v Anthony Colarusso, defendant-respondent, Mitchell N. Mink, appellant. (Index No. 21010/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 9, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31801
E/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-01952
Joseph Marano et al., appellants, v Vincent Merola, et al., defendants, Julia Tricamo, et al., respondents.
(Index No. 38544/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 22, 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 appeal is deemed withdrawn, without costs or disbursements.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31977
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2005-05125 Patricia Marrone, plaintiff-respondent, v South Shore Properties, defendant third-party plaintiff appellant-respondent, CVS Deer Park, LLC, etc., defendant respondent-appellant; High Performance Sweepers, Inc., third-party defendant- respondent. (Index No. 15133/02)
| ORDER ON APPLICATION |
Application by the plaintiff-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, Suffolk County, entered April 27, 2005.
ORDERED that the application is granted and the plaintiff-respondent's brief which was submitted to the Clerk of this court on November 2, 2005, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31946
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2005-03065
Nu Li Lin, appellant-respondent, v New York City Housing Authority, respondent-appellant. (Index No. 29917/00)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 2, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until December 23, 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, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31925
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2005-02543
Tobie O'Connor, respondent-appellant, v Mark S. O'Connor, appellant-respondent. (Index No. 204389/01)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated January 25, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 15, 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 her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31806
E/nal
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-08171
Carlo Oppedisano, appellant, v Frank Oppedisano, respondent. (Index No. 16739/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated March 28, 2001, to deem the notice of appeal timely filed nunc pro tunc, and cross motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken.
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 denied; and it is further,
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]).
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31952
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HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
JOSEPH COVELLO, JJ.
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2004-08694 Private Capital Corp., etc., appellant, v Philip Pascucci, et al., respondents, et al., defendants. (Index No. 11580/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated August 17, 2004, to amend the caption to reflect the assignment of the mortgage in question to Private Capital Corp., and that Private Capital Corp. is the proper appellant. Cross motion by the respondents Philip Pascucci and Louise I. Pascucci to dismiss the appeal for failure to timely perfect in accordance with the rules of this court. Application by the respondents Philip Pascucci and Louise I. Pascucci to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion, the cross motion, and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the caption is amended accordingly; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is granted and the time of the respondents Philip Pascucci and Louise I. Pascucci to serve and file a brief is enlarged until December 2, 2005, and the brief must be served and filed on or before that date.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31962
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2005-01527 Quality King Distributors, Inc., appellant, v Ann Arvin, et al., respondents. (Index No. 22415/94)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from a judgment of the Supreme Court, Suffolk County, entered January 10, 2005.
Upon the stipulation of the attorneys for the respective parties, dated October 11, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31935
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THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
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2005-05038
Edwin Quintana, respondent, v David Rupa, et al., defendants, Mohamed Sy-Yed Ballee, et al., appellants. (Index No. 10039/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated April 4, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31924
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2005-02674
Brenda Ramsey, et al., appellants, v Mt. Vernon Board of Education, et al., respondents. (Index No. 10475/03)
| 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, Westchester County, dated February 17, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 30, 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
M31988
L/
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2005-04280
Jeffrey Sarra, et al., plaintiffs-respondents, v Joseph Realbuto, defendant-appellant, Town of Islip, defendant-respondent. (Index No. 14709/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 16, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31905
C/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
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2005-06970, 2005-10054 Jeannine Smith, respondent, v Leroy Mitchell, et al., appellants. (Index No. 4286/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered June 3, 2005, and dated October 6, 2005, respectively to stay the trial in the above-entitled action pending hearing and determination of 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 2, 2005; and it is further,
ORDERED that in the event the appeals are not perfected on or before December 2, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31992
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2005-05273
Richard B. Soscia, et al., appellants, v Anthony M. Soscia, Jr., etc., et al., respondents. (Index No. 7187/03)
| 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, Orange County, dated April 27, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 24, 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
M31995
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2005-04338, 2005-04341
Boaz Spitz, appellant, v Marilyn Spitz, respondent. (Appeals No. 1 and 2) 2005-04340 Boaz Spitz, appellant, v Marilyn Spitz, defendant; Carl Mendel Klein, et al., nonparty-respondents. (Appeal No. 3)
(Index No. 201266/04)
| ORDER ON APPLICATION |
Application by the appellant in all three appeals pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from three orders of the Supreme Court, Nassau County, dated February 25, 2005, March 30, 2005, and April 7, 2005, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until December 27, 2005, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31915
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2005-02146
Eugenia Swiderska, appellant, v New York University, et al., respondents. (Index No. 20493/03)
| 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 January 18, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 14, 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
M31996
L/
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2005-06414
Rochael Tammone, respondent, v John Andrew Wukovits, et al., appellants (and a third-party action). (Index No.14433/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Lucille DeCicco and Nicholas DeCicco, to withdraw their appeal from an order of the Supreme Court, Nassau County, dated May 11, 2005.
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 appeal by Lucille DeCicco and Nicholas DeCicco, is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31994
L/
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2005-08421
Jaime Tordella-DiPalma, appellant, v Walgreen Eastern Co., Inc., respondent. (Index No. 19921/03)
| 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 29, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31967
L/
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2005-06408
Salvador Urrutia, et al., respondents, v Gloria E. Espinoza, et al., appellants. (Index No. 14879/03)
| 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 May 3, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31941
S/sl
|
2005-03944
Wendy E. Wells, respondent, v David O. Wright, appellant. (Index No. 04-20005)
| 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 18, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 21, 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
M31982
S/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2004-05869, 2004-06210, 2005-01069
Robert D. Wilson, et al., appellants-respondents, v Hallen Construction Corporation, respondent- appellant. (Index No. 6828/95)
| DECISION & ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an appendix and brief on appeals from an order of the Supreme Court, Kings County, dated May 28, 2004, and a judgment of the same court dated June 14, 2004, and an appeal and cross appeal from a judgment of the same court dated December 22, 2004.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted and the respondent-appellant's time to serve and file an appendix and brief is enlarged until November 21, 2005, and the respondent-appellant's appendix and 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.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31961
L/
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2005-01070 Vahe Zakaryan, respondent, v Bnois Spinka, appellant, et al., defendant. (Index No. 11214/03)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 3, 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 deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31937
S/sl
|
2005-02283, 2005-03062 In the Matter of Stephen J. Cassidy, etc., et al., respondents-appellants, v Nicholas Scoppetta, et al., appellants-respondents. (Index No. 41983/04)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals and cross appeals from a decision of the Supreme Court, Kings County, dated February 3, 2005, and an order of the same court dated February 28, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until December 19, 2005, and the joint record or appendix on the appeals (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 respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31919
Y/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-08893
In the Matter of Cherie Estrella, respondent, v Joseph Lewis, appellant. (Docket No. V-01165-00)
| 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, Richmond County, dated August 22, 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 or relation thereto, it is
ORDERED that the motion is denied, with leave to renew on or before November 16, 2005, upon proper papers including information regarding the appellant's assets and household expenses.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31889
C/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-03174, 2005-08541
In the Matter of Evan F. (Anonymous). Orange County Department of Social Services, respondent; George L. F. (Anonymous), a/k/a Jorge F. (Anonymous), a/k/a George L. (Anonymous), appellant. (Docket No. N-5416/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Orange County, dated July 15, 2005, as a poor person, and for the assignment of counsel, and to consolidate the appeal with an appeal from an order of the same court dated February 22, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel 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 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:
Warren S. Hecht
118-21 Queens Blvd.
Forest Hills, New York
(718) 575-8721
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 branch of the motion which is for leave to consolidate this appeal with the appeal from the order dated February 22, 2005, is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31877
M/nal
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-04770
In the Matter of Abraham Friedman, appellant, v Lilly Friedman, respondent. (Docket Nos. V-5251-94, V-5009-97, V-17905-99)
| DECISION & ORDER ON MOTION |
Appeal by Abraham Friedman from an order of the Family Court, Kings County, dated April 14, 2005. By order to show cause dated October 11, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated August 9, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to comply with the scheduling order dated August 9, 2005, is enlarged until November 30, 2005.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31998
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
BARRY A. COZIER, JJ.
|
2004-00008
In the Matter of Stanley Gross, and attorney and counselor-at-law. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Stanley Gross, respondent. (Attorney Registration No. 1498336)
| DECISION & ORDER ON MOTION |
Motion by the respondent for an order extending the effective date of his suspension from the practice of law from October 26, 2005, to January 15, 2006 to allow him to arrange for an orderly review and transfer of his practice and files to qualified counsel. By order of the Honorable Joseph Covello dated October 21, 2005, the effective date of the respondent's suspension was stayed pending determination of this motion. By opinion and order of this court dated September 26, 2005, the respondent was suspended from the practice of law for a period of two years, commencing October 26, 2005, based upon six charges of professional misconduct, including conversion of interest accrued on clients' funds, commingling, failure to maintain required bookkeeping records, improperly holding himself out as being in partnership with a suspended attorney, and taking legal fees from a client in a real estate transaction without her knowledge or consent. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 17, 1962.
Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is
ORDERED that the motion is granted solely to the extent that the effective date of the suspension is extended to December 1, 2005, and the motion is otherwise denied; and it is further,
ORDERED that on or before December 1, 2005, the respondent is directed to submit to the court a list of all of his outstanding legal matters.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31939
E/sl
THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
|
2005-09768 In the Matter of Lude Jules, petitioner, v Ursula Corriette, respondent. (Docket No. V-04548/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to this court from an order of the Family Court, Kings County, dated October 4, 2005, to stay enforcement of the order, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31980
S/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-05121 In the Matter of Michael Kitnurse, petitioner, v William Mazzuca, etc., respondent.
(Index No. 0052/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Dutchess County, dated June 10, 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 respondent's time to serve and file a brief is enlarged until November 4, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before November 21, 2005.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31817
E/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-06608 In the Matter of Reginald McFadden, appellant, v NYS Department of Correctional Services, respondent. (Index No. 1337/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated May 23, 2005, for leave to prosecute the appeal as a poor person and for leave to file less than nine copies of the 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 dispense with printing is granted; and it is further,
ORDERED that the proceeding will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the petitioner's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; 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
M31815
E/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2002-06011 The People, etc., respondent, v Angel Aguiza, appellant. (Ind. No. 1047/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated July 14, 2005, which dismissed an appeal from a judgment of the Supreme Court, Queens County, rendered June 10, 2002, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to recall and vacate the decision and order on motion of this court, to reinstate the appeal, and to enlarge the time to perfect the appeal are denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31921
S/sl
|
2005-02593
The People, etc., respondent, v Travis Bibbs, appellant. (Index No. 2698/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an a judgment of the County Court, Nassau County, dated February 3, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 28, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division : Second Judicial Department
M31970
F/
GLORIA GOLDSTEIN, J.
|
2005-09210 The People, etc., plaintiff, v Rinaldo Clark, defendant. (Ind. No. 2146/91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 8, 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.
GLORIA GOLDSTEIN
Associate Justice
Appellate Division: Second Judicial Department
M31964
L/
|
2005-04902
The People, etc., appellant, v William Ellison, respondent. (Ind. No. 04-00513)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the County Court, Rockland County, dated April 28, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31914
R/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-01757 The People, etc., respondent, v Darrin Goldberg, appellant.
(Ind. No. 99519/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated January 24, 2003, for leave to proceed pro se.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that at the time he files his brief the appellant shall also file a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
Darrin Goldberg
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31813
E/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2004-04755
The People, etc., respondent, v Jai A. Hernandez, appellant. (Ind. No. 50/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered May 13, 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.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
04 R 2137
Oneida Corr. Fac.
Box 4580
Rome, New York 13442
Appellate Division: Second Judicial Department
M31911
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2003-10254 The People, etc., respondent, v William Holub, Jr., appellant. (Ind. No. 1225/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered November 13, 2002, inter alia, to be provided with certain additional minutes.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31966
L/
|
2005-04426
The People, etc., appellant, v Kenneth Maldonado, respondent. (Ind. No. 04-00477)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Rockland County, rendered April 12, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31965
L/
|
2005-04525
The People, etc., appellant, v Torivio Rojanos-Islas, respondent. (Ind. No. 04-00438)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Rockland County, dated April 12, 2005.
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 appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31538
S/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-07420, 2005-01076
The People, etc., respondent, v Christopher Silent, appellant. (Ind. No. 1035-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment |
Motion by the defendant for leave to prosecute an appeal from an order of the County Court, Nassau County, dated January 6, 2005, which denied his motion to vacate a judgment of conviction against him, as a poor person, and for the assignment of counsel, and to consolidate the appeal with an appeal from a judgment of the same court, dated August 18, 2003.
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 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Seth Muraskin, Esq.
1772 E. Jericho Tpke, Suite 2
Huntington, New York 11743
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; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 R 4761
Wyoming Corr. Fac.
P.O. Box 501
Attica, New York 14011-0501
Appellate Division: Second Judicial Department
M31382
K/sl
PETER B. SKELOS, J.
|
2005-01076 The People, etc., respondent, v Christopher Silent, appellant. (Ind. No. 1035-03)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Nassau County, dated January 6, 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 granted; the defendant is granted leave to appeal from the order of the County Court, Nassau County, dated January 6, 2005, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
PETER B. SKELOS
Associate Justice