11-04-2005_MOTION

Supreme Court of the State of New York Appellate Division: Second Judicial Department MOTION DECISIONS FOR NOVEMBER 4, 2005

TITLE	Case Number
Campbell v City of Glen Cove	2004-00850
Cardinal v Cardinal	2005-09149
Cedrone v Bon Secours Community Hospital	2005-04376 +1
Davis v Peek A Boo Cab Corporation	2005-02278
Gerold v Companion Life Insurance Company	2005-03005
Krivca v Grace and Truth Church, Inc.	2004-10676
Lohier v Quails Department Store, Inc.	2004-09519
Mortgage Electronic Registration v Shoenfeld	2005-10189
Nicholson v South Oaks Hospital	2004-09572
O'Connor v O'Connor	2005-02543
Pinsky v Jewish Home and Hospital for Aged	2005-04620
Schiffer v Schiffer	2004-01332
Seebrooks v Winchester	2005-08412
Volpe-Cipriano v Cipriano	2005-09947
Zafran v Zafran	2004-06560
Mtr of B. (Anonymous), Tarrell William, a/k/a B. (Anon	2005-10125 +1
Mtr of C. (Anonymous), Demitre; Suffolk County Dep	2005-09954
Mtr of C. (Anonymous), Kelvin; Corporation Counsel	2005-10101
Mtr of City of New York v Transgas Energy Services	2005-08292
Mtr of E. (Anonymous), Cesar; Corporation Counsel	2005-10098
Mtr of El-Sheemy v El-Sheemy	2005-09844
Mtr of Flaherty v McKelvey	2005-09343
Mtr of G. (Anonymous) v Administration for Childre	2005-10195
Mtr of G. (Anonymous), Starcy Marie; Suffolk Count	2004-10771 +1
Mtr of Grant v Grant	2005-10239
Mtr of J. (Anonymous), Victoria; Administration for	2005-09847
Mtr of K. (Anonymous), Donte; Corporation Counsel	2005-10126
Mtr of Kelly v Smith	2005-09791
Mtr of L. (Anonymous), Gina v W. (Anonymous), Davi	2005-10241
Mtr of Luther v Luther	2005-09790
Mtr of M. (Anonymous), Alanda Helen: Episcopal Soci	2005-09668 +5
Mtr of McLean v Bell	2005-09952
Mtr of O. (Anonymous), Ifeiye; Administration for	2005-04416
Mtr of O. (Anonymous), Ramsey; Corporation Counsel	2005-09816
Mtr of Park Ridge Neighborhood Association v Crott	2005-04718
Mtr of Pizzutello v Kazin	2005-09154
Mtr of Portuesi v Pellegrino	2005-10114
Mtr of Puff v Scafidi	2005-09810
Mtr of R. (Anonymous), Tabatha v C. (Anonymous), L	2005-09590
Mtr of R. (Anonymous), Tirell	2005-10128
Mtr of Rivera v Ruiz	2005-09804
Mtr of Rodriguez v Irizarry	2002-00966
Mtr of S. (Anonymous), Nilynda Ivory; Suffolk Counse	2005-10105
Mtr of Shaw v Shaw	2005-10121
Mtr of Silver v Akerson	2005-10238
Mtr of Stackhouse v Alston	2005-09688
Mtr of Starczewski v McLaughlin	2005-09565
Mtr of Suffolk County Child Protective Services v C.	2005-09789
Mtr of T. (Anonymous), Marilyn; Corporation Counse	2005-10099
Mtr of Town of Cortlandt v New York State Board of	2003-10400
Mtr of Verret v Verret	2005-10124
Mtr of Victorio v McBratney	2005-09635 +1
Mtr of Viehl v Viehl	2005-10193
Peo v Baliukonis, Rimvydas	2005-06897
Peo v Ennett, Justice	2004-00133
Peo v Johnson, Oba	2000-03320
Peo v Smith, Thomas	2004-09057 +1
Peo v Walker, George	1996-06935

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

Appellate Division: Second Judicial Department

M32064

R/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

GLORIA GOLDSTEIN, JJ.

2004-00850
Colin Campbell, appellant,
v City of Glen Cove, respondent,
et al., defendant.
(Index No. 4223/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated June 27, 2005, which determined an appeal from a judgment of the Supreme Court, Nassau County, dated November 3, 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.

H. MILLER, J.P., SCHMIDT, ADAMS and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32016

M/nal

2005-09149
Cristina F. Cardinal, respondent,
v Lucien F. Cardinal, appellant.
(Index No. 16630-97)

SCHEDULING ORDER

Appeal by Lucien F. Cardinal from an order of the Supreme Court, Westchester County, dated August 5, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M32084

S/sl

2005-04376, 2005-05643

Ann P. Cedrone, et al., appellants,
v Bon Secours Community Hospital,
et al., appellants.
(Index No. 8481/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Orange County, dated February 8, 2005, and March 1, 2005, respectively.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 30, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32071

S/sl

2005-02278

Cyprian C. Davis, appellant,
v Peek A Boo Cab Corporation, et al.,
respondents.
(Ind. No. 1568/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 19, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32078

S/sl

2005-03005

Joan Gerold, respondent, v Companion Life
Insurance Company, appellant.

(Index No. 8390/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 22, 2005.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 10, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32111

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2004-10676
Bukurije Krivca, et al., plaintiffs, v
Grace and Truth Church, Inc., et al.,
appellants.
(Index No. 11815/02)

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, Richmond County, dated September 17, 2004.

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

ORDERED that the motion is denied.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32063

R/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2004-09519
Robin Lohier, et al., appellants, v
Quails Department Store, Inc., respondent.
(Index No. 7830/01)

DECISION & ORDER ON MOTION

Motion by the appellants 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 - June 2005 Calendar", dated July 5, 2005, as dismissed an appeal from an order of the Supreme Court, Orange County, dated September 23, 2004, pursuant to 22 NYCRR 670.8(h) 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.

ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32088

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-10189
Mortgage Electronic Registration, respondent,
v Samuel Shoenfeld, appellant, et al., defendants.
(Index No. 017124/03)

DECISION & ORDER ON MOTION

Appeal by Samuel Shoenfeld from an undated purported order of the Supreme Court, Nassau County.

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

ORDERED that the appeal is dismissed, without costs or disbursements, as no appeals lies from the purported order (see CPLR 5701; 5704).

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32058

O/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2004-09572
Walter Nicholson, etc., et al., respondents,
v South Oaks Hospital, etc., appellant.
(Index No. 16769/03

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated October 14, 2004, to strike the respondent's brief on the ground that the brief raises issues relating to the plaintiffs' cross appeal which was dissmissed by decision and order on motion of this court dated September 13, 2005, and to enlarge the time to serve and file its reply 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 strike the respondents' brief is granted, and the brief is stricken and will not be considered in the determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied as academic.

H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32076

S/sl

2005-02543

Tobie O'Connor, respondent-appellant,
v Mark S. O'Connor, appellant-respondent.
(Index No. 204389/01)

ORDER ON APPLICATION

Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross 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 respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before December 30, 2005 (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32083

S/sl

2005-04620

Eugene Pinsky, respondent, v Jewish Home
and Hospital for the Aged, et al., appellants.
(Index No. 28210/04)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 4, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 3, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32061

O/sl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

THOMAS A. ADAMS

PETER B. SKELOS, JJ.

2004-01332
Dale Rebecca Schiffer, respondent-appellant,
v Todd Jay Schiffer, appellant-respondent,
et al., defendants.
(Index No. 2795/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated January 28, 2004, which was determined by decision and order of this court dated March 28, 2005, in effect, for leave to reargue a motion to clarify the decision and order of this court dated March 28, 2005, which was determined by decision and order on motion of this court dated September 6, 2005.

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

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

PRUDENTI, P.J., SCHMIDT, ADAMS and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32086

R/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08412
Carol Seebrooks, et al., respondents,
v Jewel Jeffrey Winchester, et al., defendants,
Denniston Winchester, appellant.

(Index No. 35763/04)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated July 26, 2005, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31957

M/nal

2005-09947
Kathleen Volpe-Cipriano, appellant,
v Joseph C. Cipriano, respondent.
(Index No. 13182/97)

SCHEDULING ORDER

Appeal by Kathleen Volpe-Cipriano from an order of the Supreme Court, Westchester County, dated September 30, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32075

S/sl

2004-06560

Michael Zafran, appellant,
v Lisa Zafran, respondent.
(Index No. 26917/98)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Nassau County, dated July 15, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 18, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31940

M/nal

2005-10125, 2005-10127
In the Matter of Tarrel William B. (Anonymous),
a/k/a Tarrel B. (Anonymous), a/k/a Tarrell B. (Anonymous).
Little Flower Children's Services, respondent;
Lekitia W.(Anonymous), a/k/a Lekitia B. (Anonymous),
a/k/a Lekitia McK. (Anonymous), appellant.
(Proceeding No. 1)
In the Matter of Tamaine William B. (Anonymous),
a/k/a Tamaine B. (Anonymous), a/k/a Tamaine McK.
(Anonymous), a/k/a Tamaine W. (Anonymous).
Little Flower Children's Services, respondent;
Lekitia W.(Anonymous), a/k/a Lekitia B. (Anonymous),
a/k/a Lekitia McK. (Anonymous), appellant.
(Proceeding No. 2)
(Docket Nos. B-76-05, B-77-05)

SCHEDULING ORDER

Appeals by Lekitia W. from two orders of the Family Court, Kings County, both dated September 27, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31938

M/nal

2005-09954
In the Matter of Demitre C. (Anonymous).
Suffolk County Department of Social Services,
respondent; Heather C. (Anonymous), appellant.
(Docket No. B-11741-05)

SCHEDULING ORDER

Appeal by Heather C. from an order of the Family Court, Suffolk County, dated September 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M32000

M/nal

2005-10101
In the Matter of Kelvin C. (Anonymous), appellant.
(Docket No. D-17362/04)

SCHEDULING ORDER

Appeal by Kelvin C. from an order of the Family Court, Suffolk County, dated October 14, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32124

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-08292
In the Matter of City of New York, petitioner,
v Transgas Energy Services Corp., respondent.
(Index No. 32778/05)

DECISION & ORDER ON MOTION

Motion by the petitioner in a proceeding pursuant to EDPL 207 to enjoin the respondent from commencing a proceeding under the EDPL to acquire the property located at 1 North Street in Brooklyn by means of condemnation or eminent domain pending the determination of this court in this proceeding.

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, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31997

M/nal

2005-10098
In the Matter of Cesar E. (Anonymous), appellant.
(Docket No. D-10446/05)

SCHEDULING ORDER

Appeal by Cesar E. from an order of the Family Court, Queens County, dated October 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32046

M/nal

2005-09844
In the Matter of Mahitab El-Sheemy, petitioner-respondent,
v Ezzat A. El-Sheemy, et al., appellants, et al., respondent.
(Docket No. V-31752/04)

SCHEDULING ORDER

Separate appeals by Ezzat A. El-Sheemy and Ahmad El-Sheemy from an amended order of the Family Court, Kings County, dated August 29, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellants shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

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

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31954

M/nal

2005-09343
In the Matter of Kelly Flaherty, respondent,
v Richard McKelvey, appellant.
(Docket No. V-16405-04)

SCHEDULING ORDER

Appeal by Richard McKelvey from an order of the Family Court, Suffolk County, dated August 31, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32003

M/nal

2005-10195
In the Matter of Horace G. (Anonymous), petitioner-
respondent, v Administration for Children's Services,
respondent, Monique J. (Anonymous), appellant.
(Docket No. V-02529-05)

SCHEDULING ORDER

Appeal by Monique Jackson from an order of the Family Court, Queens County, dated September 22, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32080

K/nl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-10771, 2004-10772
In the Matter of Starcy Marie G. (Anonymous).
Suffolk County Department of Social Services,
petitioner-respondent; Joy-Ann G. (Anonymous),
appellant, et al., respondent.
(Docket Nos. B-16412-03, B-16418-03)

SCHEDULING ORDER

ORDERED that the scheduling order of this court dated November 1, 2005, in the above-entitled matter, is recalled and vacated and the following is substituted therefor:

Appeals by Joy-Ann G. from two orders of the Family Court, Suffolk County, dated June 11, 2004, and December 1, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on September 19, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their respective briefs on the appeals is enlarged until December 1, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32005

M/nal

2005-10239
In the Matter of Dorothy Grant, respondent,
v Arthur G. Grant, appellant.
(Docket No. U-02599-05)

SCHEDULING ORDER

Appeal by Arthur G. Grant from an order of the Family Court, Westchester County, dated October 14, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32004

M/nal

2005-09847
In the Matter of Victoria J. (Anonymous).
Administration for Children's Services,
petitioner-respondent; Monique J. (Anonymous),
appellant, et al., respondent.
(Docket No. N-01658-05)

SCHEDULING ORDER

Appeal by Monique J. from an order of the Family Court, Queens County, dated September 22, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32012

M/nal

2005-10126
In the Matter of Donte K. (Anonymous), appellant.
(Docket No. D-1963-05)

SCHEDULING ORDER

Appeal by Donte K. from an order of the Family Court, Kings County, dated October 17, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31948

M/nal

2005-09791
In the Matter of Jacqueline Kelly, respondent,
v Ray Smith, appellant.
(Docket No. F-03996-05)

SCHEDULING ORDER

Appeal by Ray Smith from an order of the Family Court, Suffolk County, dated August 24, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32051

M/nal

2005-10241
In the Matter of Gina L. (Anonymous), respondent,
v David W. (Anonymous), appellant.
(Docket No. U-02094/92)

SCHEDULING ORDER

Appeal by David W. from an order of the Family Court, Richmond County, dated September 27, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31923

M/nal

2005-09790
In the Matter of Anthony C. Luther, appellant,
v Laura L. Luther, respondent.
(Docket No. F-04552-05)

SCHEDULING ORDER

Appeal by Anthony C. Luther from an order of the Family Court, Suffolk County, dated September 14, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31243

M/nal

2005-09668, 2005-09670, 2005-09672,
2005-09673, 2005-09674, 2005-09675
In the Matter of Alanda Helen M. (Anonymous).
Episcopal Social Services, respondent;
Tamara M. (Anonymous), appellant.
(Docket No. B-1508/04)
(Proceeding No. 1)
In the Matter of Taylor Devante M. (Anonymous).
Episcopal Social Services, respondent;
Tamara M. (Anonymous), appellant.
(Docket No. B-1503/04)
(Proceeding No. 2)
In the Matter of Mack M. (Anonymous).
Episcopal Social Services, respondent;
Tamara M. (Anonymous), appellant.
(Docket No. B-1504/04)
(Proceeding No. 3)
In the Matter of Trevor M. (Anonymous).
Episcopal Social Services, respondent;
Tamara M. (Anonymous), appellant.
(Docket No. B-1505/04)
(Proceeding No. 4)
In the Matter of Cherry Patricia M. (Anonymous).
Episcopal Social Services, respondent;
Tamara M. (Anonymous), appellant.
(Docket No. B-1506/04)
(Proceeding No. 5)
In the Matter of Shrae Denise M. (Anonymous).
Episcopal Social Services, respondent;
Tamara M. (Anonymous), appellant.
(Docket No. B-1507/04)
(Proceeding No. 6)

SCHEDULING ORDER

Appeals by Tamara M. from six orders of the Family Court, Kings County, all dated August 25, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31936

M/nal

2005-09952
In the Matter of Lamax McLean, respondent,
v Nakisha Bell, appellant.
(Docket No. V-12663-03)

SCHEDULING ORDER

Appeal by Nakisha Bell from an order of the Family Court, Suffolk County, dated August 15, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32089

S/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2005-04416
In the Matter of Ifeiye O. (Anonymous).
Administration for Children's Services,
respondent; Elizabeth O. (Anonymous),
appellant.
(Docket No. N-14459-01)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated August 15, 2005, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated April 8, 2005, to grant the appellant leave to prosecute the appeal as a poor person, to enlarge the time to prosecute the appeal, and for a preference in the calendaring of the appeal.

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 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:

Robert J. Marinelli, Esq.

26 Court Street - Suite 1815

Brooklyn, New York 11242

(718) 624-9391

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.

RITTER, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31933

M/nal

2005-09816
In the Matter of Ramsey O. (Anonymous), appellant.
(Docket No. D-9127/05)

SCHEDULING ORDER

Appeal by Ramsey O. from an order of the Family Court, Queens County, dated September 29, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M32059

O/sl

THOMAS A. ADAMS, J.P.

SONDRA MILLER

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2005-04718
In the Matter of Park Ridge Neighborhood
Association, et al., petitioners-respondents,
v Erin M. Crotty, etc., et al., respondents-
respondents, Atlantic Development LLC,
appellant.
(Index No. 10377/04)

DECISION & ORDER ON MOTION

Separate motions by the petitioners-respondents and the respondents-respondents, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered April 13, 2005, on the ground, inter alia, that the order is not appealable as of right and leave to appeal has not been granted.

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

ORDERED that the motions are granted, and the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right and we decline to grant leave to appeal (see CPLR 5701[b][1]).

ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32085

R/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-09154
In the Matter of Mary Lou Pizzutello, appellant,
v Alan Kazin, et al., respondents.

(Index No. 16638/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated August 15, 2005, in effect, to enjoin the respondents from enforcing all actions and resolutions passed by the respondents at a special meeting of PDK Commercial Photographers, Ltd., pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M31999

M/nal

2005-10114
In the Matter of Enza Portuesi, appellant,
v Kristine Pellegrino, respondent.
(Docket No. V-10305/05)

SCHEDULING ORDER

Appeal by Enza Portuesi from an order of the Family Court, Kings County, dated October 13, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M31927

M/nal

2005-09810
In the Matter of Ann Puff, respondent,
v Vincent R. Scafidi, appellant.
(Docket No. F-00271-97)

SCHEDULING ORDER

Appeal by Vincent R. Scafidi from an order of the Family Court, Westchester County, dated September 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M31955

M/nal

2005-09590
In the Matter of Tabatha R. (Anonymous), appellant,
v Louis C. (Anonymous), respondent.
(Docket No. P-1066-05)

SCHEDULING ORDER

Appeal by Tabatha R. from an order of the Family Court, Richmond County, dated September 16, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M31959

M/nal

2005-10128
In the Matter of Tirell R. (Anonymous), appellant.
(Docket No. E-02252/05)

SCHEDULING ORDER

Appeal by Tirell R. from an order of the Family Court, Kings County, dated September 20, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M31951

M/nal

2005-09804
In the Matter of Luis Rivera, appellant,
v Juan Carlos Ruiz, et al., respondents.
(Docket Nos. V-862-01, V-863-01)

SCHEDULING ORDER

Appeal by Luis Rivera from an order of the Family Court, Westchester County, dated September 6, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

N32079

K/nl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2002-00966
In the Matter of Orlando Rodriguez, respondent,
v Elia Irizarry, appellant.
(Queens County Docket No. V-2263-01)
(Kings County Docket Nos. V-12542-96, V-12543-96)

SCHEDULING ORDER

ORDERED that the scheduling order of this court dated November 1, 2005, in the above-entitled matter, is recalled and vacated and the following is substituted therefor:

Appeal by Elia Irizarry from an order of the Family Court, Queens County, dated January 2, 2002. The appellant's brief was filed in the office of the Clerk of this court on July 22, 2004. On October 12, 2005, the appellant informed this court that no supplemental brief will be filed. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is

ORDERED that the time of the respondent and the law guardian to serve and file their respective briefs on the appeal is enlarged until November 18, 2005; and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32009

M/nal

2005-10105
In the Matter of Nilynda Ivory S. (Anonymous).
Suffolk County Department of Social Services,
respondent; Roxanne S. (Anonymous), appellant.
(Docket No. N-17306-05)

SCHEDULING ORDER

Appeal by Roxanne S. from an order of the Family Court, Suffolk County, dated October 18, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31943

M/nal

2005-10121
In the Matter of Ricardo Shaw, respondent,
v Ladonnesier Shaw, appellant.
(Docket No. U-03347/04)

SCHEDULING ORDER

Appeal by Ladonnesier Shaw from an order of the Family Court, Kings County, dated September 19, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M32049

M/nal

2005-10238
In the Matter of Michael Silver, appellant,
v Donna Akerson, respondent.
(Docket No. F-17498-04)

SCHEDULING ORDER

Appeal by Michael Silver from an order of the Family Court, Westchester County, dated September 30, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31242

M/nal

2005-09688
In the Matter of Renee J. Stackhouse, respondent,
v Anthony W. Alston, appellant.
(Docket No. F-16407-05)

SCHEDULING ORDER

Appeal by Anthony W. Alston from an order of the Family Court, Kings County, dated September 30, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31956

M/nal

2005-09565
In the Matter of Michele Starczewski, respondent,
v Kevin G. McLaughlin, appellant.
(Docket No. F-00715-97)

SCHEDULING ORDER

Appeal by Kevin G. McLaughlin from an order of the Family Court, Nassau County, dated September 30, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M31920

M/nal

2005-09789
In the Matter of Suffolk County Child
Protective Services, petitioner, v Susan
C. (Anonymous), respondent.
(Proceeding No. 1)
In the Matter of Daniel L. (Anonymous), appellant,
v Susan C. (Anonymous), respondent.
(Proceeding No. 2)
(Docket Nos. N-11794-04, N-11795-04, N-11796-04,
V-16526-04, V-16527-04, V-16528-04)

SCHEDULING ORDER

Appeal by Daniel L. from an undated order of the Family Court, Suffolk County.

Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M32011

M/nal

2005-10099
In the Matter of Marilyn T. (Anonymous), appellant.
(Docket No. D-15108/05)

SCHEDULING ORDER

Appeal by Marilyn T. from an order of the Family Court, Queens County, dated October 3, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or

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

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.

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

Appellate Division: Second Judicial Department

M31888

C/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2003-10400
In the Matter of Town of Cortlandt, petitioner,
v New York State Board of Real Property
Services, respondent.

DECISION & ORDER ON MOTION

Hybrid proceeding pursuant to CPLR article 78, CPLR article 12, and 9 NYCRR subpart 186-2, et seq. By order to show cause dated September 6, 2005, the petitioner or its attorney were directed to show cause why the proceeding should not be dismissed as abandoned.

Now, on the court's own motion, and the papers filed in opposition and relation thereto, it is

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

ORDERED that the respondent's time to answer the petition is enlarged until December 5, 2005; and it is further,

ORDERED that the petitioner shall serve and file its brief on or before March 6, 2006.

H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32001

M/nal

2005-10124
In the Matter of Anne Verret, appellant,
v Garry Verret, respondent.
(Docket Nos. V-11980-02, V-11981-02,
V-21512-02, V-21513-02)

SCHEDULING ORDER

Appeal by Anne Verret from an order of the Family Court, Kings County, dated September 21, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M31947

M/nal

2005-09635, 2005-09636
In the Matter of Andrea Victorio, respondent,
v Joseph McBratney, appellant.
(Docket No. F-5537-03)

SCHEDULING ORDER

Appeals by Joseph McBratney from two orders of the Family Court, Richmond County, both dated September 15, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or

(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or

(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or

(4) an affidavit or an affirmation withdrawing the appeals; and it is further,

ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32002

M/nal

2005-10193
In the Matter of Michele Viehl, appellant,
v Steven Viehl, respondent.
(Docket Nos. F-10316-03, F-15609-03)

SCHEDULING ORDER

Appeal by Michele Viehl from an order of the Family Court, Westchester County, dated September 21, 2005. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is

ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

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

ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

ENTER:

James Edward Pelzer

Clerk of the Court

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

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

Appellate Division: Second Judicial Department

M32081

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-06897
The People, etc., respondent,
v Rimvydas Baliukonis, appellant.
(Ind. No. 9067/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered July 6, 2005, and to continue the stay of execution of said judgment which was granted by the Supreme Court, Kings County, on July 6, 2005, pending determination of the appeal to this court.

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 appellant's time to perfect the appeal is enlarged until January 6, 2006, the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the stay of execution of the judgment granted by the Supreme Court, Kings County, on July 6, 2005, is extended pending hearing and determination of the appeal, on the same conditions, if any, imposed by the Supreme Court, Kings County, and on condition that the appeal is perfected by January 6, 2006; and it is further,

ORDERED that counsel for the defendant shall serve a copy of this order, by mail, on the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that this stay shall terminate and be of no further effect, and the defendant shall thereafter surrender to serve the sentence imposed, unless the appeal is perfected on or before January 6, 2006; and it is further,

ORDERED that upon the termination of this stay as provided above, this order shall constitute authorization to any peace officer to arrest and deliver the defendant to the sentencing court to begin the execution of sentence.

H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32072

S/sl

2004-00133

The People, etc., respondent,
v Justice Ennett, appellant.
(Ind. No. 8695/02)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated December 23, 2003.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 21, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32082

Y/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

BARRY A. COZIER

FRED T. SANTUCCI, JJ.

2000-03320
The People, etc., respondent,
v Oba Johnson, appellant.
(Ind. No. 60/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to reargue an appeal from a judgment of the Supreme Court, Dutchess County, rendered April 3, 2000, which was determined by decision and order of this court dated December 24, 2001. By decision and order on motion of this court dated August 26, 2003, inter alia, that branch of the motion which was for leave to reargue was held in abeyance, and, on the court's own motion, the appellant was granted leave to serve and file a supplemental brief addressing the issues he believed should be raised on reargument of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the supplemental brief filed by the appellant and the brief filed by the people in response, it is

ORDERED that the branch of the motion which is for leave to reargue is denied.

FLORIO, J.P., H. MILLER, COZIER and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32073

S/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2004-09057, 2005-08154

The People, etc., respondent,
v Thomas Smith, appellant.

(Ind. No. 03-00470)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 27, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to consolidate appeals from a judgment of the County Court, Rockland County, rendered September 28, 2004, with an appeal from an order of the same court dated July 19, 2005.

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

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

ORDERED that on the court's own motion the appeals shall be calendared together and argued or submitted on the same day.

CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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

Appellate Division: Second Judicial Department

M32074

S/sl

1996-06935

The People, etc., respondent,
v George Walker, appellant.
(Ind. No. 12888/95)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 30, 1996.

ENTER:

James Edward Pelzer

Clerk of the Court