APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4239
T/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-09122
Janet Appleman, respondent, v H & S Property Management, defendant, Second Atlantic Terminal, appellant. (Index No. 16638/99
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the inquest on damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 12, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4232
E/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-02165
Staci Assael, et al., respondents, v Metropolitan Transit Authority, et al., appellants. (Index No. 17341/01)
| 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, Nassau County, entered February 3, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the trial is stayed pending hearing and determination of the appeal.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4229
T/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-06907, 2003-06908 Ronald Balkin, respondent, v Karen Balkin, appellant. (Index No. 204347/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to consolidate appeals from two orders of the Supreme Court, Nassau County, dated June 30, 2003, and July 1, 2003, respectively, for a preference in the calendaring of the appeals, and to stay enforcement of the order dated June 30, 2003, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic as the consolidated appeal was perfected on October 10, 2003; and it is further,
ORDERED that the motion is otherwise denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4224
T/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-04680 Juan Cesario, appellant, v Larisa Cesario, respondent. (Index No. 200060/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, dated April 18, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4191
T/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2002-06166, 2003-03691
Jean Clermont, et al., appellants, v Hillsdale Industries, Inc., etc., respondent (and a third-party action). (Index No. 0141/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Rockland County, dated June 10, 2002, and April 22, 2003, respectively, to strike stated portions of the supplemental record on appeal on the ground that it contains material dehors the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the supplemental record on appeal on the ground that it contains material dehors the record is granted, and on or before November 28, 2003, the appellants are directed to either remove pages SR4 to SR51 and pages 13 to 190 of the transcript of the deposition of Gary D. O'Neal from all copies of the supplemental record on appeal on file with this court, or, if they are so advised, to serve and file a new supplemental record containing only a copy of the order of the Supreme Court, Rockland County, dated April 22, 2003, and pages 1 to 12 of the transcript of the deposition of Gary D. O'Neal; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file a brief is enlarged to December 29, 2003, and the respondent's brief shall be served and filed on or before that date.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4221
S/sl
|
2003-04189
Michael Cohen, appellant, v Edward Lapidus, et al., respondents. (Index No. 11529/00)
| 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, Westchester County, entered April 17, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 5, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4243
J/sl
|
2003-08606
Lauren Davis, respondent, v Patricia A. Goodsell, appellant, et al., defendant. (Index No. 12593/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated September 8, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 24, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4218
T/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
LEO F. McGINITY
REINALDO E. RIVERA, JJ.
|
2001-01477 John Gider, et al., respondents, v Gerald Pagan, et al., appellants. (Index No. 4837/99)
| 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 - December 2001 Calendar", dated January 18, 2002, as dismissed an appeal from a judgment of the Supreme Court, Dutchess County, dated December 13, 2000, 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, and cross application by the respondents for an award of costs.
Upon the papers filed in support of the motion and the cross application and the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross application is denied without prejudice to seeking the same relief by motion (see CPLR 8022).
SMITH, J.P., KRAUSMAN, McGINITY and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4230
T/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-06189, 2003-09152 Abraham C. Grossman, respondent, v Team Care Home Care Agency, Inc., et al, appellants. (Index No. 18618/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Kings County, dated April 23, 2003, and September 29, 2003, respectively, and to stay enforcement of the orders pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the orders is denied.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4227
S/sl
|
2003-04238 Rafael Khanimov, appellant, v Jose Arroyo, et al., respondents. (Index No. 5432/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 7, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 6, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4234
E/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-00283
Glenn Loftain, et al., respondents, v Stephen Gabis, appellant.
(Index No. 9466/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to supplement the record on an appeal from an order of the Supreme Court, Nassau County, dated December 2, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4231
C/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-09572 Antoinette Marini, et al., respondents, v Vincent Lombardo, appellant, et al., defendants. (Index No. 18170/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered October 1, 2003, to stay enforcement of the order, and any judgment entered thereon, 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 granted and enforcement of the order entered October 1, 2003, and any judgment entered thereon, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 9, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 9, 2003, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4242
Y/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-02757 Florin C. Papa, a/k/a Florin C. Popescu, appellant, v Safa Papa, et al., respondents. (Index No. 16220/98)
| DECISION & ORDER ON MOTION |
Motion by the respondent Federal National Mortgage Association to dismiss an appeal from an order of the Supreme Court, Westchester County, entered July 20, 2000, on the ground that it had been rendered academic, and to impose a sanction upon the appellant, or, in the alternative, to enlarge the time to serve and file a brief and, in effect, to enlarge the record on appeal to include the exhibits appended to the instant motion papers.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied without prejudice to raising the issue in the brief of the respondent Federal National Mortgage Association; and it is further,
ORDERED that the branch of the motion which is for an enlargement of time and, in effect, to enlarge the record is granted; and it is further,
ORDERED that the time of the respondent Federal National Mortgage Association to serve and file a brief and a supplemental record containing the exhibits appended to the instant motion papers is enlarged until December 9, 2003, and its brief and supplemental record must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4185
T/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-09151 Florin C. Papa, a/k/a Florin C. Popescu, plaintiff, v 24 Caryl Avenue Realty Co., et al., defendants; Community Preservation Corporation, intervenor. (Index No. 9221/00)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Westchester County, dated August 1, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4244
J/sl
|
2003-01200
Gil Perez, appellant, v Staten Island Savings Bank, etc., respondent. (Index No. 13064/02)
| 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, Richmond County, dated December 19, 2002.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 17, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4233
E/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-00688, 2003-05569 Precise Court Reporting, Inc., et al., appellants, v Mark Karten, et al., respondents. (Index No. 009355/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent Meltzer Lippe Goldstein & Schlissel, P.C., on appeals from two orders of the Supreme Court, Nassau County, dated December 11, 2002, and February 28, 2003, respectively, to enlarge the time of the respondent Meltzer Lippe Goldstein & Schlissel, P.C. to comply with the decision and order on motion of this court dated September 26, 2003, directing its to remove certain portions of its brief from the copies of its brief on file with the Clerk of this court.
Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the time of the respondent Meltzer Lippe Goldstein & Schlissel, P.C. to comply with the order dated September 26, 2003, is enlarged until November 20, 2003.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4235
E/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-00092
Rosingman Corp., plaintiff-respondent, v Shirley Koplowitz, defendant third-party plaintiff-appellant, Morris Koplowitz, et al., defendants-appellants, et al., defendants third-party plaintiffs; Saul Rosenberg, et al., third-party defendants-respondents. (Index No. 4480/98)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent, Rosingman Corp., and the third-party defendant-respondent Saul Rosenberg on an appeal from a judgment of the Supreme Court, Kings County, dated November 25, 2002, inter alia, to strike the appendix and the appellants' brief on the ground that they contain or refer to material dehors the record and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellants' brief is granted to the extent that the first sentence of the first paragraph on page 58 of the appellants' brief is stricken and on or before November 20, 2003, the appellants shall delete from the copies of the appellants' brief on file with the Clerk of this court the first sentence of the first paragraph on page 58, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the time of the plaintiff-respondent, Rosingman Corp., and the third-party defendant-respondent Saul Rosenberg to serve and file a brief is enlarged until December 22, 2003, and the brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4207
T/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-02489 Christian Sanchez, etc., appellant, v Wilson-Mer Associates, Inc., respondent, et al., defendants. (Index No. 21426/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 23, 2002.
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 November 13, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4238
C/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-01930 Carl Singh, et al., respondents, v Jacob Ofir, et al., appellants. (Index No. 8212/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 31, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeal.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4211
T/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2003-07621 Kevin Stevenson, et al., plaintiffs-respondents, v Steven Lazzari, et al., defendants-respondents, Timothy Monahan, et al., appellants. (Index No. 11916/99)
| DECISION & ORDER ON MOTION |
Motion by the defendants-respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, entered August 13, 2003, insofar as asserted against them, on the ground that the defendants-respondents are not parties to the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed insofar as asserted against the defendants-respondents, without costs or disbursements, without prejudice to the appellants moving in the Supreme Court, Kings County, to amend or resettle the judgment.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4222
S/sl
|
2003-01744
Elaine Swerdlow, respondent, v WSK Properties Corp., et al., appellants. (Index No. 21467/99)
| 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 an appeal from an order of the Supreme Court, Suffolk County, dated January 8, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 14, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4220
S/sl
|
2003-02994
Kathy Tun, respondent, v Rocky Aw, appellant. (Index No. 5328/96)
| 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, Richmond County, dated March 27, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 12, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4225
S/sl
|
2003-04473 Rafael Yagudayev, et al., appellants, v Donna Mofson, defendant third-party plaintiff-respondent; Nasser Barkhordar, third-party defendant-respondent. (Index No. 16136/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered May 6, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 14, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4217
T/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-05104 In the Matter of Augusto Araujo, appellant, v Stacey Rogers, respondent. (Docket No. V-3563/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an amended order of the Family Court, Suffolk County, entered May 7, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew on or before December 1, 2003, upon proper papers establishing that the appellant is entitled to poor person relief (see CPLR 1101), including information regarding the equity value of any real estate the appellant owns.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4215
T/sl
FRED T. SANTUCCI, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
BARRY A. COZIER, JJ.
|
2003-08080
In the Matter of Angela DeChirico, petitioner, v Joseph DeChirico, respondent. (Docket No. O-5055/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 7, 2003, in the above-entitled matter is amended by deleting from the decretal paragraphs thereof the date "November 2, 2003", and substituting therefor the date "November 3, 2003".
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4213
T/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-05453 In the Matter of Sharlene Dicks, appellant, v Sheldon Thomas, respondent. (Docket No. P-05829/02)
| DECISION & ORDER ON MOTION |
Appeal by Sharlene Dicks from an order of the Family Court, Kings County, dated May 20, 2003. By order to show cause dated September 24, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 4, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 4, 2003 (see 22 NYCRR 670.4[a][5]).
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4216
T/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2003-08733 In the Matter of Gabriel Hausner, petitioner, v Dana Ozborn, respondent. (Docket No. V-16371/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to appeal to this court from an order of the Family Court, Queens County, dated September 26, 2003, and to stay the order pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4241
Y/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2002-11344 In the Matter of William M. Lese, respondent, v Solomon Katz, et al., appellants. (Index No. 16885/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled matter pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered November 13, 2002.
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, as no appeal lies of right from an order directing a hearing to aid in the disposition of a motion (see Bagdy v Progresso Foods Corp., 89 AD2d 589), and we decline to grant leave to appeal; and it is further,
ORDERED that the motion is denied as academic.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4193
T/sl
DAVID S. RITTER, J.P.
WILLIAM D. FRIEDMANN
LEO F. McGINITY
HOWARD MILLER, JJ.
|
2001-00651
In the Matter of Besthani M. (Anonymous). Child Welfare Administration, Kings County, petitioner-respondent; Pedro M. (Anonymous), appellant; Ana S. (Anonymous), nonparty-respondent. (Docket No. N-08105/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Kings County, dated December 14, 2000, for a reconstruction hearing with respect to certain proceedings which occurred before the Family Court, and for leave to serve and file a replacement brief, or, in the alternative, for summary reversal. By decision and order on motion of this court dated March 12, 2003, that branch of the motion which was for a reconstruction hearing was granted to the extent that the matter was referred to the Family Court, Kings County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case before Judge Weinstein on April 12, 2000, and that branch of the motion was otherwise denied, and the branches of the motion which were for leave to serve and file a replacement brief, or, in the alternative, for summary reversal were held in abeyance pending completion of the reconstruction hearing.
Now, upon the papers filed in support of the motion, the papers filed in opposition thereto, and the transcript of the reconstruction hearing, it is
ORDERED that the branch of the motion which was for leave to serve and file a replacement brief is granted, and the appellant is directed to serve and file a replacement brief on or before December 8, 2003; and it is further,
ORDERED that the branch of the motion which is for summary reversal is denied.
RITTER, J.P., FRIEDMANN, McGINITY and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4208
T/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
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2003-07290, 2003-07292 In the Matter of Lisa Miller, respondent, v Jonathan Smith, appellant. (Docket No. U-05818/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from two orders of the Family Court, Kings County, dated June 13, 2002, and November 22, 2002, respectively.
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 referred to the Clerk of this court pursuant to 22 NYCRR 670.4(a).
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4212
T/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-06327 In the Matter of Irena Rafes, appellant, v Serge Rafes, respondent. (Docket No. P-00163-02)
| DECISION & ORDER ON MOTION |
Appeal by Irena Rafes from an order of the Family Court, Kings County, dated June 13, 2003. By order to show cause dated September 24, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 8, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 8, 2003 (see 22 NYCRR 670.4[a][5]).
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4210
T/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
1999-09833 In the Matter of S. (Anonymous), & D. (Anonymous), Children, appellants; Rhonda S. (Anonymous) et al., respondents (Docket No. N-7498/99)
| DECISION & ORDER ON MOTION |
Appeal by S. (Anonymous) and D. (Anonymous), Children from an order of the Family Court, Kings County, dated October 21, 1999. No steps have been taken to perfect the appeal. By order to show cause dated July 21, 2003, the appellants and the other parties to this appeal or their counsel were directed to show cause before this court why an order should not be entered dismissing the appeal.
On the court's own motion, and no papers having been filed in relation or opposition to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4219
S/sl
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2003-01932
In the Matter of Suzuki Capital Funding, Ltd., etc., et al., respondents, v Taesoo Park, et al., appellants (and another title). (Index No. 9833/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 24, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 26, 2003, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4236
Y/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-04164
In the Matter of Jacqueline Williams, et al., respondents, v Ann O'Toole, appellant. (Docket Nos. V-2339/01, V-2339/02A)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Family Court, Nassau County, dated March 24, 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.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4020
K/sl
THOMAS A. ADAMS, J.
|
2003-05763 The People, etc., respondent, v Shariff Allah, appellant. (Ind. No. 13046/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Kings County, rendered June 18, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
THOMAS A. ADAMS
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4228
S/sl
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1996-04298
The People, etc., respondent, v Nigel George, appellant. (Ind. No. 15478/94)
| 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, Kings County, rendered April 23, 1996.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 2, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4245
F/
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07559 The People, etc., respondent, v Michael Reedy, appellant. (Ind. No. 2433/02)
| DECISION & ORDER ON MOTION Motion to Dispense With Printing Free Minutes |
On the court's own motion, it is,
ORDERED that the decision and order on motion in the above-entitled case dated November 3, 2003, is recalled and vacated and the following decision and order is substituted therefor:
Motion by the appellant for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered August 7, 2002, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, 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); retained 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 retained 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 counsel with a copy of the pre-sentence 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 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 retained counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Attorney's Address:
Murray E. Singer, Esq.
20 Kew Gardens Road
Kew Gardens, New York 11415
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4209
T/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2001-09564 The People, etc., respondent, v Robert Wiggins, appellant. (Ind. No. 622/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered October 25, 2001.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before December 22, 2003; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4226
T/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-07598 The People, etc., ex rel. Juan C. (Anonymous), o/b/o Virginia C. (Anonymous), appellant, v Larisa C. (Anonymous), respondent.
(Index No. 2112/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, dated June 25, 2003.
Upon the papers submitted in support of the motion and no papers having been submitted in relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk