Appellate Division: Second Judicial Department
M17754
R/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
ANITA R. FLORIO
BARRY A. COZIER, JJ.
|
2003-01881 Albert Abayev, etc., et al., respondents, v Jaypson Jewelry Manufacturing Corp., et al., appellants, et al., defendants. (Index No. 7382/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated January 24, 2003, which was determined by decision and order of this court dated December15, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., RITTER, FLORIO and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17718
E/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
STEPHEN G. CRANE
STEVEN W. FISHER, JJ.
| (Index No. 20093/96)
| 2003-01038 DECISION & ORDER ON MOTION Shauna Alami, etc., respondent, v Volkswagen of America, Inc., appellant. |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Westchester County, dated October 30, 2002, which was determined by decision and order of this court dated August 2, 2004, 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.
SANTUCCI, J.P., SMITH, CRANE and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17725
C/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-00037 Susamma Alias, respondent, v Alias K. Olahannan, appellant (Index No. 625/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Rockland County, dated November 26, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted.
SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17752
R/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-06830 P. Gerald Barbato, et al., respondents, v Hollow Hills Country Club, appellant.
(Index No. 81/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated June 17, 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 the appeal will be calendared expeditiously.
SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17694
S/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-07804 Bakhor Boboyev, et al., plaintiffs, v Kenneth J. Coniglio, et al., defendants.
(Index No. 50587/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 7, 2004, which affirmed an order of the Civil Court, City of New York, Queens County, entered May 9, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17779
C/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-03048 Smithy E. Dunbar, appellant, v Lorraine E. Dunbar, respondent. (Index No. 26249/87)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2004, as amended March 1, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17772
C/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-08619
Miriam Guillaume, respondent, v 2255 Bedford Development Associates, LP, et al., appellants. (Index No. 7631/02)
| 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, Kings County, dated September 15, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17756
R/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2003-08280 Jose Gurgitano, et al., appellants, v Pace University, respondent (and a third-party action). (Index No. 348/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated June 17, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22NYCRR 670.8[e]) and the prior decision and order on motion of this court dated August 5, 2004; and it is further,
ORDERED that the motion is denied.
PRUDENTI, P.J., SMITH, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17691
S/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
DANIEL F. LUCIANO
THOMAS A. ADAMS, JJ.
|
2003-09051 Theresa Hanlon, et al., respondents, v Alan Rosenthal, et al., appellants, et al., defendants. (Index No. 6936/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated October 3, 2003, which was determined by decision and order of this court dated May 24, 2004, 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.
SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17781
J/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-04595 Joy L. Hildreth-Henry, respondent, v Jeffrey M. Henry, appellant. (Index No. 203849/01)
| 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 decision of the Supreme Court, Nassau County, dated April 22, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the application to enlarge time is denied as academic.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17784
S/sl
|
2004-01674 John Liere, et al., appellants, v Wide Awake Farms, LLC, et al., respondents. (Index No. 2799/03)
| ORDER ON APPLICATION |
Application by the respondent Wide Awake Farms, LLC, 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 January 29, 2004.
ORDERED that the application is granted and the movant's brief which was submitted to the Clerk of this court on November 1, 2004, is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17759
S/sl
|
2004-04571
Stella Mayzun, appellant, v Margaret Kathryn Smith, respondent. (Index No. 2892/03)
| 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, Rockland County, dated April 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17716
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-00573 Richard Mazo, respondent, v Jack Wolofsky, appellant. (Index No. 25678/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated November 12, 2004, which was determined by decision and order of this court dated July 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17758
S/sl
|
2004-04949
Angel Mendez, etc., respondent, v Kyung Yoo, etc., et al., appellants, et al., defendant. (Index No. 53342/02)
| ORDER ON APPLICATION |
Application by the appellant St. Vincent's Medical Center 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 July 9, 2004.
ORDERED that the application is granted and the appellants' time to perfect their respective appeals is enlarged until February 22, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17696
S/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-07559 Julio Montesdeoca, plaintiff, v Viktors Krams, appellant.
(Index No. 859/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated February 26, 2004, which affirmed an order of the Civil Court, City of New York, Queens County, entered April 18, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., SMITH, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17719
E/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2004-08357 New York City Housing Authority, Nostrand Houses, plaintiff, v Fred Margiato, defendant. (Index No. 39925/02)
| DECISION & ORDER ON MOTION |
Motion by Fred Margiato for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 9, 2004, which affirmed a judgment of the Civil Court, City of New York, Kings County, entered April 29, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17763
S/nal
|
2004-03835
The People of the State of New York, etc., plaintiff, v Cypress Hills Cemetery, etc., respondent, et al., defendants; Ravi Batra, non-party appellant. (Index No. 38143/93)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 1, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17761
CF/
|
2004-04577 William Puerto, plaintiff-respondent, v Martin Omholt, appellant-respondent, Robert H. Ellis, defendant-respondent, Antoinette S. Flecha, respondent-appellant. (Index No. 18434/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant-respondent to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 5, 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 by the appellant-respondent is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17589
J/sl
|
2004-04453 Kim Ragland, appellant, v State of New York, respondent.
(Claim No. M-67917)
| 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 Court of Claims, dated April 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 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
M17571
S/sl
|
2004-04499
Re-Max Classic Realty, Inc., appellant-respondent, v Howard Berger, defendant-respondent, Anson & Berger, Inc., respondent-appellant. (Index No. 12278/02)
| 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, Westchester County, dated May 4, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until February 2, 2005, and the joint record or appendix on the appeal 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
M17731
J/sl
|
2004-03630
Pamela Reid, appellant, v Aladar Karacsony, et al., respondents. (Index No. 6693/03)
| 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, Queens County, dated March 11, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 18, 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
M17777
J/sl
|
2003-09049
Riverside Capital Advisers, Inc., etc., plaintiff, Winchester Global Trust Company Limited, etc., respondent, v First Secured Capital Corporation, et al., appellants, et al., defendant; Thomas Donovan, et al., non-parties. (Appeal No. 1) 2004-01677, 2004-01678 Riverside Capital Advisors, Inc., etc., appellant, Winchester Global Trust Company Limited, respondent, v First Secured Capital Corporation, et al., appellants, Wet Resources Corporation, defendant; Thomas Donovan, et al., nonparty-appellants. (Appeals Nos. 2 and 3) (Index No. 20600/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, dated September 17, 2003, an order of the same court dated January 8, 2004, and an amended order and judgment (one paper) of the same court, dated February 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 6, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17762
S/nal
|
2004-03511
Jeffrey S. Rosenzweig, respondent, v Carolyn J. Singer, appellant. (Index No. 202330/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated February 20, 2004.
ORDERED that the application is granted and the appellant's record and brief which were submitted to the Clerk of this court on November 1, 2004, are accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17765
S/nal
|
2004-04072
Jaklin Rozen, respondent, v Gautanian Aufiero, et al., appellants. (Index No. 035618/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 9, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 3, 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
M17724
S/sl
|
2004-04203
Kim A. Ruden, respondent, v Town of Hempstead, appellant, et al., defendants. (Index No. 1010/99)
| 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 interlocutory judgment of the Supreme Court, Nassau County, dated May 7, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 10, 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
M17760
S/nal
|
2004-03828
Abraham Sagiv, et al., appellants, v Francis W. Gamache, Jr., et al., respondents. (Index No. 764/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 3, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 27, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17764
CF/
|
2004-07634 Ottavio Savo, et al., respondents, v Dominick Dellegrazie, appellant. (Index No. 13500/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, entered July 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17711
E/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-00303
Arlene Schulman, etc., et al., appellants, v Israel Jacobowitz, etc., et al., respondents. (Index No. 19836/02)
| DECISION & ORDER ON MOTION |
Separate motions by the respondent Jacqueline Herron and the respondent Israel Jacobowitz on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2003, inter alia, to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, to hear and report on the issue of whether, in determining the motion which resulted in the order dated November 5, 2003, it considered the following:
(1) the medical records at pages A287-A299 of the appendix on the appeal;
(2) the progress report dated January 7, 2000, attached to the affirmation of Richard Paul Stone dated July 14, 2004, as exhibit A;
and the motions are held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
RITTER, J.P., GOLDSTEIN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17847
J/sl
|
2004-00545
Helen Sieger, appellant, v Joan Prehay, et al., respondents. (Index No. 18450/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs on an appeal from an order of the Supreme Court, Queens County, dated November 17, 2003.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until November 5, 2004, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17709
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-04410 Anthony Stevenson, appellant, v State of New York, respondent. (Claim No. 104709)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2004 Calendar", dated May 24, 2004, as dismissed an appeal from an order and judgment (one paper) of the Court of Claims, dated February 5, 2003, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, 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 motion is denied.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17563
S/sl
|
2004-01115
Richard L. Thury, et al., appellants, v Britannia Acquisition Corp., etc., respondent. (Index No. 25984/94)
| 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, Suffolk County, dated December 30, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 10, 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
M17826
S/sl
GLORIA GOLDSTEIN, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2004-05892, 2004-05893
Town of Goshen, etc., respondent, v Bosiljka Serdarevic, et al., appellants. (Index No. 7684/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated August 4, 2004, in the above-entitled case is amended by (1) adding to the second decretal paragraph thereof after the words "corporate surety" the following: "in the sum of $12,620 in the office of the County Clerk of Orange County on or before November 17, 2004, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined in the judgment deciding the action that the respondent sustained a loss due to the appellant's conduct during the period that the stay on appeal was in effect", (2) deleting the third decretal paragraph thereof, and (3) adding to the fourth decretal paragraph after the word undertaking, the words "by November 17, 2004".
GOLDSTEIN, J.P., RITTER, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17774
Y/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-01274, 2004-09005 Theresa Travis, respondent, v Gregory Mason, et al., appellants. (Index No. 7489/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a judgment of the Supreme Court, Westchester County, dated January 9, 2004, and an order of the same court dated September 21, 2004, to stay enforcement of the judgment 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 enforcement of the judgment dated January 9, 2004, is stayed pending hearing and determination of the appeals.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17782
C/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-01098 Gail Wechsler, et al., respondents, v Anita Moallem, et al., appellants. (Index No. 13806/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, entered January 7, 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 respondents' time to serve and file a brief is enlarged until November 9, 2004, and the respondents' brief must be served and filed on or before that date.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17773
CF/
|
2004-03944 In the Matter of Jane Denny, et al., petitioners- respondents, v Aaron Sirulnick, et al., respondents-appellants. (Index No. 26181/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated March 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M16881
L/
|
In the Matter of the Dismissal of Causes for Failure to Perfect - Di October 2004 Calendar
| DECISION & ORDER ON MOTION smissal for Failure to timely Perfect |
The appellants or petitioners in the following named causes have failed to perfect their respective appeals or proceedings within the time limitations specified in subdivision (e) of sections 670.8 of the rules of this court (22 NYCRR 670.8[e]). The titles of the matters appeared on a dismissal calendar published in the New York Law Journal, and the appellants or petitioners failed to make applications to enlarge the time to perfect within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h) it is,
ORDERED that the following named causes are dismissed.
Docket No.Title
2003-00097Matter of J., Jazmone; Ashley; Zalika; Ethan; Administration for Children's
2003-01660Lecona v Perez
2003-01959Millien v Millar Elevator Industries, Inc.
2003-03472Matter of J., Jazmone; Ashley; Zalika; Ethan; Administration for Children's
2003-03389Amores v Rimland & Associates
2003-03444PNE Media, LLC v Estafanous
2003-06303Matter of Ferretti v Ferretti
2003-08565Roberts v Roberts
2003-08836Abraham v Abraham
2003-08841Maniscalco v Mazer
2003-09067Yadegar v International Food Market
2003-09077Richardt v Richardt
2003-09585Palumbo v Palumbo
2003-09728Matter of Matos v Fish
2003-09790Altman v Daniels
2003-09939Murphy v Stuart
2003-10265Caplan v Tofel
2003-10323Smart v Adams
2003-10324Matter of Solomon v Zoning Board of Appeals of Village of Chestnut Rid
2003-10334Bedoya v St. Johns Queens Hospital
2003-10456Tele-Pak Inc. V In-Tech Direct, Inc.
2003-10685Haligiannis v Bristol-Halsey, Inc.
2003-10838Matter of Murray v Suffok County Department of Social Services
2003-10917Matter of Smythe v Goord
2003-10928RLI Insurance Company v C&A Contracting, Inc.
2003-10952Fischman v Cox
2003-10970Milenkovic v Waste Management, Inc.
2003-11085Huntley v State of New York
2003-11164Stein v Stern
2003-11226Matter of Allied Insurance Co., f/k/a Trans-America Insurance Company
2003-11260Rodricks v O'Leary
2003-11294Futia v Patray, Inc. D/b/a Meineke Discount Muffler Shop #53
2003-11361Tae Won Kim v Travelers Property & Casualty Insurance Company
2004-00030Swaboski v Cinema Plaza P.J. Inc.
2004-00085Goldfarb v St. Charles Hospital & Rehabilitation Center
2004-00141Cifuentes v City of New York
2004-00150Dobin v 148-154 Columbus Avenue Corporation
2004-00160Matter of Bari I, Inc. V Town of Clarkstsown
2004-00161Goldstein v Fairbanks Capital Corporation
2004-00165Markowitz v Weber
2004-00183Visconte v Horowitz
2004-00185Rappaport v Rappaport
2004-00190Berns v Prohealth Ambulatory Surgery Center
2004-00192Spitzer v Village of Freeport
2004-00197Valente-Bartkus v Bartkus
2004-00198Olanoff v Schneyman
2004-00209Mucolldri v City of New York
2004-00231Matter of Strazza v Borad of Trustees of the Town of Southold
2004-00233Gaydos v Muhlbauer
2004-00234Castillo v Santamaria
2004-00235Morales v C.H. Energy Group, Inc., f/k/a Central Hudson Gas & Electric
2004-00236Matter of Figueroa v Panebianco
2004-00238Nussbaum v Spider, Inc.
2004-00243Equity Partners, Inc. V MacDonald
2004-00244Saccente v Fischer
2004-00245Matter of Lane v Boyne Builders Corporation
2004-00248Cavasinni v Conversant Communications Inc.
2004-00251Burns v Dowling
2004-00262Kevin Spence & Sons, Inc. V Boar's Head Provisions Co.
2004-00263Park Plaza Homeowners Association, Inc. V Steiner Equities Group, LLC
2004-00270Lawrence v City of New York
2004-00281Matter of Cavagnaro v Village of East Hampton Design Review Board
2004-00294Priola v 181 Trading, LLC
2004-00306Williams v Beth Israel Medical Center
2004-00309Matter of Yohay Baking Co., Inc. V Quanomy Supply Corp.
2004-00313Gonzalez v Gonzalez
2004-00316Premier Capital, Inc. V Klein
2004-00322Kornblum v Kornblum
2004-00331Reynolds v Motola
2004-00333McCambridge v Giant Food Stores, Inc.
2004-00334Best v Brown
2004-00344Maser v Maser
2004-00346Browne v Browne
2004-00348Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. V Falzer
2004-00364Henley v Henley
2004-00369Williams v New Style Limousine, Inc.
2004-00400Villalta v Baez Deli & Grocery, a/k/a Max's Deli
2004-00402Cimino v a 1998 Nissan, Vin#JN8HD16Y1JW016849
2004-00412Matter of Weiss v Brobeck
2004-00413Harnach v Ramnauth
2004-00416Matter of Martin v State of New York
2004-00434Gallo v Rea Motors, Inc.
2004-00447Dykman v Harold Lyons & Sons, Inc.
2004-00451Merritt v Collavito
2004-00454Sanchez v Wassmer
2004-00463Lawrence v City of New York
2004-00465Goldberger v Goldberger
2004-00473Castro v International Business Machines Corporation
2004-00483Williams-Mills v Manhattan and Bronx Surface Transit Operating Auth.
2004-00486Cox v New York City Transit Authority
2004-00488Gyuro v Time Warner Cable of NYC
2004-0050118 Heyward Realty Corp. V Lego, Inc.
2004-00510Dyrmyshi v Clifton Place Development Group, Inc.
2004-00511Abadi v Royal Marble Company
2004-00518Zubatov v Feldman's Discount Furniture, Inc.
2004-00521Gjonbalaj v Wagner
2004-00526White Plains Flooring & Supply Co., Inc.
2004-00528Prescod v Midtown Elevator
2004-00530Amira v Zarif
2004-00535Denerville v Louis
2004-00543Iskhakov v Kwong
2004-00556Safi v Austin & Sean, Inc.
2004-00558Washington v Dynasty IV Food Corporation
2004-00562Zabezhanskaya v Dinhofer
2004-00564Basquez v St. Charles Cemetery
2004-00565Montemurro v Cibellis
2004-00571Chitkara v Barry R. Feerst, P.C.
2004-00576Kramer v Pathmark Stores, Inc.
2004-00580Craine v Black Pine Karate Dojo, Inc.
2004-00582Wealcatch v Wealcatch
2004-00581Burke v 90 Meacham, Inc.
2004-00586Shah v DL Peterson Trust
2004-00602Geurts v Ines De Souza Ebrenz
2004-00607Schutz v Davis
2004-00623Stefanowski v Sensible Car Rental EB, Inc.
2004-00625Molyneux v Mondrow
2004-00633Chase Manhattan Mortgage Corporation, Corp. V Franklin
2004-00634Seymour v New York City Health and Hospitals Corporation
2004-00636Dominquez v Tikaram
2004-00644Nolan v Continental Insurance Company
2004-00651Klagsbrun v Levine
2004-00654DiDomenico v Long Beach Plaza Corp.
2004-00655Miller v Cherry Farms of Wantagh, Inc.
2004-00669Slutsky v Christopher Drew Interiors, Inc.
2004-00671Matter of Westwood Homes Corporation v Town of Huntington
2004-00702Natuzzi v United States Fidelity & Guaranty Company
2004-00705Premier Capital, Inc. A/a/o Amresco New England, L.P. v Klein
2004-00706Mark v City of Rye
2004-00722Matter of Cohen, Deceased; Smithen
2004-00727Quinn v Kelligrew
2004-00742O'Neil v Dutchess County Agricultural Society
2004-00754SMC Electrical Products, Inc. V Total Electric Distributors, Inc.
2004-00756Matter of Progressive Northeastern Insurance Company v Kaloutzis
2004-00773State of New York v Sanchez
2004-00776Bonaguro v Trimarchi
2004-00784Krol v Krol
2004-00791Montgomery Group, LLC v Town of Montgomery
2004-00798Cantos v Marcus
2004-00804Matter of St. Thomas Malankara Orthodox Church, Inc., Long Island v Bo
2004-00808First Alliance Mortgage Company
2004-00835Van Steenburg v State of New York
2004-00837Thomson v State of New York
2004-00841Westmoreland Associates, LLC v State of New York
2004-00843Kern, Augustine, Conroy & Schoppmann, P.C. v Levene
2004-00858Leahy v Town of Southampton
2004-00859Matter of Coyle v Coyle
2004-00869Paradise Point Association, Inc. V Zupa
2004-00878Lee v Higgins
2004-00880Smart v Adams
2004-00894Swafford v Adam
2004-00895Swafford v Adam
2004-00896Swafford v Adam
2004-00904Sung v Mercedes Benz Credit Corp.
2004-00908Progressive Northeastern Insurance Company, a/s/o Gray v Watts
2004-00910Ivans v Choi
2004-00913Rasul v Cabello
2004-00918Bufalini v Jafar
2004-00919Gyuro v Time Warner Cable of NYC
2004-00925Negron v New York Cith Housing Authority
2004-00927Golden v Silver Gull Beach Club
2004-00935Matter of Torres v Eggleston
2004-00942McLoughlin v We Care Partnership
2004-00944Mohabir v Muhammad
2004-00947Guillou v Myrtle Restaurant Associates, Inc. D/b/a Burger King
2004-00950Nadaf v Nadaf
2004-00965McAuley v Purlie Trans Corp.
2004-00973Lucien v Catholic Charities
2004-00993Scheiner v Scheiner
2004-01001Reyes v Guevara
2004-01020Matter of Atkins v New York State Board of Parole
2004-01025US Bank National Association v Welz
2004-01027Vans v State of New York
2004-01030Shannon v State of New York
2004-01034Askew v Carey & Walsh, Inc.
2004-01037Matter of Encompass Insurance/Continental Insurance Company v Eagle
2004-01040Lennon v Lennon
2004-01043Newton v Newton
2004-01055Goldblum v Goldblum
2004-01063Levine v McLaughlin
2004-01065Berardi v Palomba
2004-01066Levine v McLaughlin
2004-01068PNE Media, LLC v Nash Estafanous
2004-01072Ruscillo v Ruscillo
2004-01078Matter of Fiore v Bedford Construction, Corp.
2004-01080Porter-Payne v Bailey-Seton Hospital
2004-01083Romano v Boardwalk Estates Development LLC
2004-01099Perez v New York City Transit Authority
2004-01101Matter of First New York Management Company v Local 670 Stationary Eng
2004-01106Nardi v Volpetti
2004-01110Callender v Brookdale University Hospital & Medical Center
2004-01111Merola v City of New York
2004-01121Leon v Castelli
2004-01126Matter of State Farm Mutual Automobile Insurance Company v Chiarelli
2004-01132Fairgrieve v Van de Walle
2004-01149Kim v Depot Plaza, LLC
2004-01151Yun v Dee Cee Associates, L.P.
2004-01152Jimenez v Hardy
2004-01154Norwest Bank Minnesota v Pollins
2004-01155First Union National Bank v Ahmad
2004-01161Trzaska v City of New York
2004-01164DiGiorgi v DiGiorgi
2004-01166Futia v Meineke Discount Mufflers Shop #53
2004-01170State Farm Fire & Casualty Company v Tanon
2004-01213Davis v 675 Chelsea Corporation
2004-01221Zocchi v Port Authority of New York & New Jersey
2004-01222Winters v Miller
2004-01234Electric Switchboard Company, Inc. V Lite-UP Electrical Associates
2004-01243City of New York v AIU Insurance Company
2004-01262Plott v Garden City Hotels, Inc., d/b/a Garden City Hotel
2004-01272Matter of Howes; Mental Hygiene Legal Services
2004-01275Matter of Howes; Mental Hygiene Legal Services
2004-01276Martinelli v Freeman
2004-01301Long Beach Mortgage Company v Smith
2004-01308Drapkin v DeFiore
2004-01314Matter of Russo v Zoning Board of Appeals of the Town of Southampton
2004-01319Norwest Mortgage, Inc. V Flores
2004-01327Chen-Ochoa v Ochoa
2004-01328Guli v Marcus & Associates, P.C.
2004-01331Banegas v Morico
2004-01334Khan v Diamond and Jewelry Industries Development Corporation
2004-01335Tinajero v Board of Education of City of New York
2004-01340Halimi v Khakshooy
2004-01345Kelly v Sanchez
2004-01368Roland v Ajamian
2004-01371Matter of Pantaleon v Five Towns Community Center
2004-01373DiCarlo v Express Contracting Corporation of Great Neck
2004-01374Lee v Levine
2004-01379Zeller v Zeller
2004-01382Tkacs v Dominion Construction, Corp.
2004-01386Hartmann v Hartmann
2004-01388Eristhene v Brennan
2004-01393Gil v Gil
2004-01395Information Leasing Corporation v Atlas Express, Incorporated
2004-01403Van Den Heuvel v Low Tor Storage, Inc.
2004-01407Holubar v County of Nassau
2004-01411Hageman v Home Depot USA, Inc.
2004-01417Vici v Price Reit, Inc.
2004-01419Nobile v Mystic Warrior
2004-01422Karrenberg v Alvaro
2004-01427Matter of Jost Limited v Martinez
2004-01438NYCTL 1998-2 Trust v Stern
2004-01443Hemphill v State of New York
2004-01445Frost v Cumberland Farms, Inc.
2004-01446Matter of Tenace v Fishkill Correctional Facility
2004-01457Matter of Wasserman, Carol R.; Wasserman, Harold; Farrell Fritz, P.C.
2004-01470Matter of Wasserman, Carol R.; Wasserman, Harold; Farrell Fritz, P.C.
2004-01472Steele v State of New York
2004-01476Matter of Mohamed v Goord
2004-01477Matter of Reid v Phillips
2004-01484Matter of Affronti v Gonzalez
2004-01489RBT, Inc. V Diskin
2004-01490Torres v Food Dimensions
2004-01495Beck v Iannuzzi
2004-01497Figuero v Mungo Administrative Services
2004-01505Matter of Medina; Commissioner of Social Services of the City of New Y
2004-01508NYCTL 1996-1 Trust v Anthony Viola Realty
2004-01509NYCTL 1996-1 Trust v Anthony Viola Realty
2004-01517Matter of Gronczewski v Murphy
2004-01520Richmond County Savings Bank v Ameen Shamsid-Deen
2004-01522Yagodina v New York City Transit Authority
2004-01526Hewitt v Home Depot USA, Inc.
2004-01539Sandhu v Sandhu
2004-01549Bennett v Piazza
2004-01550Perry v Perry
2004-01552Stanulis v City of New York
2004-01557Matter of MBNA America Bank, N.A. v Morrow
2004-01560People of the State of New York, by Eliot Spitzer v Delgado
2004-01562Marzziotti v Marrzziotti
2004-01570Grillo v Grillo
2004-01571Deraffele v 210-220-230 Owner's Corp.
2004-01576Matter of New Castle Memorial Committee, Inc. V Town of New Castle
2004-01577Furino v Furino
2004-01582Matter of Nationwide Insurance Company v Casillas
2004-01583Rogerson v Romano
2004-01584LaValle v LaValle
2004-01588Matter of Lynn Homes, Inc. D/b/a JWL Construction
2004-01590Town of Ramapo v Congregation Beth Abraham
2004-01599Gerson v City of New York
2004-01604Soris Financial v International Transeurope Transportation, Inc.
2004-01606Estergomy v Bernacchi
2004-01608Rosen v Town of Southold
2004-01651Boltja v Boltja
2004-01652Fooden v Fooden
2004-01656Vankadara v Wojtusiak
2004-01659Weeks v First National Bank of Long Island
2004-01661Matter of Taylor v New York State Department of Motor Vecicles
2004-01662Matter of Peerless Insurance Company v Simmons
2004-01666Erskine v Singer
2004-01669Matter of Bajan Corporation v Commissioner of State of New York Divisi
2004-01688Krzystofwicz v Continental Costmetics, Inc.
2004-01691Walters v Zitron
2004-01693Suchecki v Church of St. Stephen of Hungary
2004-01695Leitner v KAI Construction Corporation
2004-01699Filatov v Filatov
2004-01710Mitchell v McDaniel
2004-01712DiMatteo v Maimonides Medical Center
2004-01724Judge v Judge
2004-01726Givargidze v Violand
2004-01732Hirsch v Hirsch
2004-01745Gray v Gray
2004-01754Keiser v Keiser
2004-01772Matter of Allstate Insurance Company v Valenza
2004-01780Finley v Kupperman
2004-01781Reddy v Ed-Sand Realty Corp.
2004-01801Ennella v Leavy
2004-01820Gazes v City of New York
2004-01834Lettieri v Lettieri
2004-01851Matter of The Carlton, LLC v Trudden
2004-01853DeMaria v Hoffman
2004-01857Gracia v Bella
2004-01864Palumbo v Palumbo
2004-01869Ciccone v Metropolitan Suburban Bus Authority
2004-01873Scarlett v Scarlett
2004-01876Scarlett v Scarlett
2004-01884Schuman v Schuman
2004-01895Giglio v Giglio
2004-01896Giglio v Giglio
2004-01912Matter of Save Old Bellvale v Town of Warwick Planning Board
2004-01921Siskopoulos v Siskopoulos
2004-01925Gurman v Fotiades
2004-01943Kessler v Steve Kessler Motor Cars, Inc.
2004-01949Miller v B & J Window Installation, Inc.
2004-01951143 Wyona Corporation v Torkflite, Inc.
2004-01958McCaffrey v Crapanzano
2004-01964Shum v Chen
2004-01982Petties v New York City Housing Authority
2004-01986Chang v Coley
2004-01988Fejzulahu v Ten Hanover, LLC
2004-02003Roussis v Roussis
2004-02011McGinnis v Staten Island University Hospital
2004-02013Anelli v Greyhound Lines, Inc.
2004-02015Ramsamooj v State of New York
2004-02017Cahill v State of New York
2004-02023Gurman v Fotiades
2004-02026Citibank, N.A. v Samuels
2004-02028Fundex Capital Corporation v 111 Discount Beverage Corporation
2004-02030Gil v Metropolitan Transportation Authority
2004-02034Zheng v Full Gospel Tabernacle of Edgemore
2004-02052Perez v State of New York
2004-02060Matter of Coyle v Coyle
2004-02070Riverside Capital Advisers, Inc. V First Secured Capital Corporation
2004-02071Logan v Police Department, County of Nassau
2004-02078Neidereger v Misuraca
2004-02090Matter of Rutkowski v Hardy
2004-02093Matter of Westwood Homes Corporation v Town of Huntington
2004-02095Brooks v Kmart Corporation, d/b/a Big K Mart
2004-02105Matter of Marcial v Kilocowski
2004-02109Hyland v Aztec Associates
2004-02114Midura v 740 Corporation
2004-02117Scott v Caramanico
2004-02122Browne v Solovieff Realty Co., LLC
2004-02123Matter of New York Central Mutual Fire Insurance Company v Nunez
2004-02128Hines v City of New York
2004-02129Olaborede v City of New York
2004-02134DeJean v Knowles
2004-02137Matter of Valenti v New York City Employees' Retirement System
2004-02144Matter of Thum v Town of Southampton
2004-02155Medina v Bono
2004-02156Haight v Banner Metals, Inc.
2004-02158Public Administrator of Kings County v Tomassetti
2004-02178Matter of Gaston v Gumbs
2004-02191Wolf v Wolf
2004-02194Silkwood v Butler
2004-02195Medin v John Annunziata, P.E., P.C. & Associates
2004-02197Prime Time Holdings, LLC v U.S. Alliance Federal Credit Union
2004-02202Soltani v Griffith
2004-02210Ledwith v Raviv
2004-02221Beizer v Funk
2004-02231Mortgage Electronic Registration Systems, Inc. V Barrow
2004-02238Alarcon v Stahl York Avenue Co.
2004-02241Kaur v Kantilal
2004-02245Citibank, N.A. v Horoshko
2004-02259Jason St. Hill v Ramcharan
2004-02260Basquez v City of New York
2004-02262Ruddock v New York City Housing Authority
2004-02263Matter of New York Central Mutual Fire Insurance Company v Feraud
2004-02267Fleet Mortgage Corp. V Simmons
2004-02271Meras v Slee
2004-02272Bonomo v Molloy College
2004-02299V & C WHSE Distribution, Inc. V Frieden
2004-02307Lawton v Lawton
2004-02309Margolies v Margolies
2004-02310Grannum v Metroploitan Transit Authority-Long Island Bus Company
2004-02313Sessa v New Island Hospital
2004-02314Singer v Singer
2004-02326Moccia v Sussman
2004-02334Bompartito v Kratz
2004-02343Matter of Virag v Zoning Board of Appeals Town of Warwick
2004-02348Rogers v East Gate Contracting, Inc.
2004-02354Matter of Thomas Carvel, deceased.
2004-02385Matter of Schenk, Deceased; Schenk, Susan; Schenk, John Robert
2004-02386Matter of Estate of John F. Schenk; Schenk, Susan; Schenk, John Robert
2004-02396Kobrin v Meltzer, Fishman, Madigan & Campbell
2004-02400Renda v Renda
2004-02408Asta Commercial, LLC, a/a/o Finova Capital Corporation v A&G Lintex,
2004-02409C.V. Longo Mechanical Service, Inc. V Reis
2004-02419Apollonio v Metro Enviro Transfer LLC
2004-02422Matter of Abel v Town of Rye
2004-02424Diaz v New York City Transit Authority
2004-02426Jimenez v Quigua
2004-02435Ventura v Reyni
2004-02436Ferraro v GHK Associates, Inc.
2004-02441Graig v Scotch Valley Properties, LLC
2004-02442McDonough v Warner
2004-02443Matter of Seidler v Piccozzi
2004-02445Wade v Steinfeld
2004-02446Brociner v Mazzei
2004-02452Matter of Solomon v Solomon
2004-02459Matter of Alston v City of New York
2004-02460Matter of Alston v City of New York
2004-02465Al's Real Estate, Inc. V Combs
2004-02469Inga v Horovitz
2004-02476Schaefer v Keyspan Energy Corporation
2004-02486Ruiz v Lims Tae Kwon Do & Fitness, Inc.
2004-02487Browne v 68 S.P. Realty, LLC
2004-02494Mendez v New York State Thruway Authority
2004-02496People ex rel. Parker v Anderson
2004-02519Salas v Illing
2004-02540Chamberlain v Planning Board of Incorporated Village of Northport
2004-02542Silinski v Wendell
2004-02543Tyco Plastics, Inc. V Interboro Packaging Corporation
2004-02556Anderson v Brennan
2004-02558Felder v State of New York
2004-02561Norwest Mortgage, Inc. V Taylor
2004-02564RLI Insurance Company v C&A Contracting, Inc.
2004-02601Gari v Metcalf
2004-02602Metallo v Horizon Mental Health Management Inc.
2004-02624Garrison v City of New York
2004-02626Miller v Green Bus Lines, Inc.
2004-02628Dula v Eiges Brother Realty Corp.
2004-02643Evans v Chisolm
2004-02650Smith-Cairns Motor Sales Company, Inc. V 10 Paxton Partners, L.P.
2004-02671Nevis v Dyke Cab Corp.
2004-02672Larsen Home Improvement Corporation v CNA Commercial Insurance
2004-02684Dossous v City of New York
2004-02688Countrywide Home Loan o/b/o Wells Fargo, N.A. v Warring
2004-02692Papa, a/k/a Popescu v 24 Caryl Avenue Realty Co.
2004-02701Matter of State Farm Mutual Automobile Insurance Company v SanJurjo
2004-02691Schon v CDMRJ & Associates, LLC
2004-02710Allocati v Roxy Nightclub, a/k/a New York Roxy Pump House
2004-02713Burke v Novack
2004-02717Khan v Murillo
2004-02724Ricciardi v Aliano
2004-02736Chamberlain v Planning Board of Incorporated Village of Northport
2004-02737Hood v New York City Board of Education
2004-02738Hood v New York City Board of Education
2004-02741Sassano v Wintjen
2004-02742Wahab v Stimson Middle School
2004-02747Heritage Co. V Addei
2004-02748Neybold v Tuxedo Union Free School District
2004-02756Dvorak v Dvorak
2004-02758Bonfante v Goodman
2004-02789Yeancades v Went
2004-02810New York Transit Authority v Continental Insurance Company
2004-02825Tarpley v Town of Babylon
2004-02827Sannicandro v Port Authority of New York & New Jersey
2004-02844Total Energy Corp. V Total Energy Services Corp.
2004-02843Travelers Indemnity Company v Town of Harrison
2004-02850Edwards v City of Mount Vernon
2004-02855New Rochelle Care Center, LLC v Lipsky
2004-02859Ramnarine v Ajodha
2004-02860Ward v Diamond Management, Inc.
2004-02894Cohen v Monsignor Alexius A. Jarka Hall HDFC
2004-02898Roedel v Santos
2004-02901Garrett v City of New York
2004-02904Gurevick v Walmart Stores, Inc.
2004-02905Alese v GJF Construction Corporation
2004-02913Osowski v BQE Trucking & Auto Repairs, Inc.
2004-02914Vishnevsky v Glassberg
2004-02919McDonald v City of New York
2004-02927Delta Pharmaceutical Corp. V Consolidated Delivery & Logistics, Inc.
2004-02933Board of Managers of Cypress Crest Condominium III v Gambino
2004-02939Marchese v Matteo
2004-02941Perry v Perry
2004-02944Vasquez v Ramos
2004-02945Grymes Hill Estates, Inc. V Wolkoff
2004-02947Matter of USAA Casualty Insurance Company v Hughes
2004-02957LeClair v DePasquale
2004-02958Kantounis v Kantounis
2004-02969Spearhead System Consultants Ltd. V Temporary Help Industry Servicing
2004-02970McNicol v St. Agnes Cathedral & Parish House
2004-02979Elk Associates Funding Corporation v Jet Marine Services, Inc.
2004-02987Matter of Lion Insurance Company v Bayraktar
2004-02997Moscowitz v Delta Funding Corporation
2004-0300020 Commerce Associates LLC v GEM Electric Manufacturing Company
2004-03007Shapiro v Rockville Country Club, Inc.
2004-03042Matter of Baker v Board of Education
2004-03072Tosado v Kadezabek
2004-03098Bendel Holding Comany, LLC. V Neighborhood Partnership Housing Develop
2004-03143Poulos v Capuano
2004-03145Murillo v Patel
2004-03196Luna v Backus
2004-03217Allah v State of New York
2004-03292Grant v Yim
2004-03322Matter of Ymbras v Ymbras
2004-03380Matter of Maggiacomo v Maggiacomo
2004-03442Brooks v Town of Islip
2004-03598Brenner v Walsh
2004-03609Behar v European Tile Center,Ltd.
2004-03622Amaze Medical Supply, Inc. A/a/o Bermudez, Johnny v Eagle Insurance Co
2004-03715Matter of Wilson, Deceased; Runge
2004-03766Jacobson v Ruggiero
2004-0383963rd Drive Corp. V Hye Soon Kim
2004-03932Liberatos v Grey Stone Building Corporation
2004-04067Digital Systems Group, Inc. V Digital Horizons, Inc.
2004-04337Strenk v City of New York
2004-04750Harvey v Young
2003-11380Leake v Evdnew Taxi Corporation
2004-05822Realty Equity Holdings 3820, LLC v PJ Alizio Realty Inc.
2004-05890Matter of Rhine; Estate of Rachel Tarlow, Deceased
2004-05938Matter of Tarlow, Deceased; Rhine
2004-00326Man Choi Chiu v Chiu
2004-06232Matter of McLennon v Kings County Hospital Mortuary
2004-06233Matter of McLennon v Kings County Hospital Mortuary
2004-00353Connard v WHC, Inc.
2004-07256Majlinger v Cassino Contracting Corporation
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17769
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
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2004-06091 In the Matter of Larisa L. Dubova, appellant, v Genrikh A. Lekumovich, respondent. (Docket No. O-24489/02)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the respondent in a proceeding before the Family Court, Kings County, to be relieved and for the assignment of new counsel to defend an appeal from an order of the Family Court, Kings County, dated June 2, 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 branch of the respondent's motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the respondent on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the respondent on or before November 17, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branch of the motion which seeks assignment of new counsel to represent the respondent is denied with leave to the appellant to renew on or before December 17, 2004 upon the submission of proper papers establishing that he is entitled to poor person relief.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17486
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-06091 In the Matter of Larisa L. Dubova, appellant, v Genrikh A. Lekumovich, respondent. (Docket No. O-24489/02)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant in a proceeding 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 June 2, 2004, and to grant the appellant leave 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 relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before November 17, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before December 1, 2004, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17785
S/sl
|
2003-10915
In the Matter of Richard Goldberg, petitioner, v Glen S. Goord, respondent. (Index No. 3797/03)
| 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 in a proceeding pursuant to CPLR article 78 which was transferred to this court by an order of the Supreme Court, Dutchess County, dated December 8, 2003.
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 10, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17615
J/sl
|
2004-04793
In the Matter of Kathryn M. Neenan, a/k/a Kathryn Neenan, deceased. Jean L. Hickey, respondent; Alfred Adams, et al., appellants. (File No. 661/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a decree of the Surrogate's Court, Rockland County, dated April 30, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 24, 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
M17678
O/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02815, 2004-02818 In the Matter of Ruth Quint. Susan Centrone, respondent; Judith Berman, appellant. (Proceeding No. 1) In the Matter of Hyman Quint. Susan Centrone, respondent; Judith Berman, appellant. (Proceeding No. 2) (Index No. 10622/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two orders and judgments (one paper each) of the Supreme Court, Queens County, dated January 23, 2004, and February 11, 2004, respectively, and to enlarge the time to perfect the appeals.
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 it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until December 15, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the parties shall file 10 copies of the record or appendix and their respective briefs.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17753
R/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-00154 In the Matter of Joseph S. (Anonymous); Juanita Kho-S. (Anonymous), appellant.
(Index No. 18133/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated November 26, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal will be calendared expeditiously.
SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17730
J/sl
|
2004-01885
In the Matter of Josephine D. Simonetti, deceased. Carol Simonetti, appellant; Joanne Larson, et al., respondents. (File No. 322625)
| 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 Surrogate's Court, Nassau County, dated January 12, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 1, 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
M17757
R/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-06048, 2003-06897 The People, etc., respondent, v Michael Gambrell, appellant.
(Ind. Nos. 3271/01, 3435/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to file a late notice of appeal from a judgment of the Supreme Court, Queens County, rendered March 17, 2003, under Indictment No. 3271/01, for leave to prosecute that appeal as a poor person, and for the assignment of counsel, and to consolidate that appeal with an appeal from a judgment of the same court, also rendered March 17, 2003, under Indictment No. 3435/01.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appellant's notice of appeal from the judgment under Indictment No. 3271/01 (Appellate Division Docket No. 2003-06897), is deemed an application for leave to file a late notice of appeal and leave to file a late notice of appeal is granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal pending under Appellate Division Docket No. 2003-06897 as a poor person, and for the assignment of counsel is granted and the consolidated appeals 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 pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings 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 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 of 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the consolidated appeals:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York, 10006
and it is further,
ORDERED that the appellant's time to perfect the consolidated appeals is enlarged; assigned counsel shall prosecute the consolidated appeals 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 appeals are taken.
SMITH, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
03-A-1629
Midstate Corr. Fac.
P.O. Box 2500
Marcy, New York 13403
Appellate Division: Second Judicial Department
M17834
E/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-05351 The People, etc., respondent, v Melantha Matthews, appellant. (Ind. No. 1625/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file exhibits to his supplemental brief on an appeal from a judgment of the County Court, Westchester County, rendered May 6, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17775
O/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
1999-01990 The People, etc., respondent, v Michael Richards, appellant. (Ind. No. 98-00252)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Westchester County, rendered January 28, 1999.
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 December 3, 2004, and the respondent's brief must be served and filed on or before that date.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17755
R/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
ANITA R. FLORIO
ROBERT W. SCHMIDT, JJ.
|
2000-02165 The People, etc., respondent, v Eddie Vera, appellant. (Ind. No. 1814/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, rendered February 28, 2000, which was determined by decision and order of this court dated July 12, 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.
PRUDENTI, P.J., SANTUCCI, FLORIO and SCHMIDT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17768
E/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2000-03315
The People, etc., respondent, v Darrell Watson, appellant. (Ind. No. 7183/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 13, 2000.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 17, 2004, and the respondent's brief must be served and filed on or before that date.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17776
C/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-08249 The People, etc., respondent, v Dennis Wellington, appellant. (Ind. No. 253/87)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for summary reversal of a judgment of the Supreme Court, Richmond County, rendered May 31, 1998.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, 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 NYCRR 670.8[f]) by filing an affidavit on that issue with the clerk of this court on or before December 9, 2004; 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 this 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).
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17692
S/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
|
2004-05618
The People, etc., ex rel. Freddie Pickens, petitioner, v William Mazzuca, etc., respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue his prior motion for leave to prosecute the above-entitled proceeding as a poor person, which was determined by decision and order on motion of this court dated July 28, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court