Appellate Division: Second Judicial Department
M32152
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2005-01233
Barbara Abraham, appellant, v Febe Bello, et al., respondents.
(Index No. 36321/02)
| 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, Kings County, dated December 14, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 21, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32077
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2005-03082
Joan Andre, et al., appellants, v Bonetto Realty Corp., et al., respondents. (Index No. 32703/95)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 8, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 27, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32165
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2005-07462 Dan Beaton, et al., appellants, v Joao Dos Anjos, et al., respondents. (Index No. 19852/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated June 17, 2005.
Upon the stipulation of the parties, dated September 30, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32153
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BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
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2005-00246, 2005-05731 Bedford Gardens Company, L.P., appellant- respondent, v Silka Sure Hecht Jacobowitz, et al., respondents-appellants. (Index No. 16649/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 10, 2004, and an appeal from an order of the same court dated October 13, 2004, to enlarge the time to file a brief.
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 respondents-appellants' time to serve and file their answering brief, including their points of argument on the cross appeal, is enlarged until November 15, 2005, and the respondents-appellants' brief must be served and filed on or before that date.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32109
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THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
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2004-09997 Edward Carlos, appellant, v City of New York, respondent, et al., defendants. (Index No. 15422/95)
| DECISION & ORDER ON MOTION |
Motion by Castro & Associates, P.C., the attorneys for the appellant, inter alia, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Kings County, dated July 16, 2004.
Upon the papers filed in support of the motion and no papers having been filed in relation or opposition thereto, it is
ORDERED that the motion is dismissed, without prejudice to renewal upon proof of service of the motion by Castro & Associates, P.C., on the appellant, at the appellant's last known address.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31796
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2005-08434
Michael Cavota, plaintiff, v Perini Corporation, et al., appellants, Keystone Construction Corp., respondent. (Index No. 716/00)
| 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 July 29, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 5, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31807
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2005-03100 Dolicia Cole, respondent, v Ian P. Young, defendant, David Blackwood, et al., appellants. (Index No. 29154/00)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 9, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 28, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32162
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2005-03464 Jeffrey Collado, et al., appellants, v Jose Pineda, et al., respondents. (Index No. 20264/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated January 7, 2005.
Upon the stipulation of the parties, dated October 21, 2005, it is
ORDERED that the appeal is marked withdrawn only as against the respondent Jose Pineda.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32136
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BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
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2005-09622 Sonia I. Colon, respondent, v Alvaro Martinez, appellant.
(Index No. 11440/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from of an order of the Supreme Court, Queens County, dated September 14, 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.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32142
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2005-01442
County of Suffolk, appellant, v Coram Equities, LLC, respondent. (Index No. 24792/02)
| 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, Suffolk County, dated January 26, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32154
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2005-03305
Santo Crivera, respondent, v United States Rebar, Inc., appellant.
(Index No. 42500/02)
| 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, Kings County, dated February 16, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32113
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2005-08861
Steven DiGiorgi, respondent, v Carolyn DiGiorgi, appellant. (Index No. 23320-01)
| ORDER TO SHOW CAUSE |
Appeal by Carolyn DiGiorgi from an order of the Supreme Court, Suffolk County, dated July 26, 2005. By scheduling order dated September 29, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4)an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 September 29, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 17, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32140
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THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
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2005-09784 Dorothy M. DiSanto, respondent, v Frank J. DiSanto, appellant.
(Index No. 30689/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to stay enforcement of an order of the Supreme Court, Nassau County, entered October 18, 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.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32087
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STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
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2004-11282 John E. Fitzgerald, appellant, v Hudson National Golf Club, respondent. (Index No. 15492/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered November 30, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until November 30, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32161
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2005-08221
Margaret Fox, et al., respondents, v McDonald's Restaurant of New York, Inc., et al., appellants. (Index No. 3222/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant McDonald's Restaurant of New York, Inc., to withdraw its appeal from an order of the Supreme Court, Nassau County, dated July 5, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal by McDonald's Restaurant of New York, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32146
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2005-01877
Alexander Jacobs, et al., respondents, v Alpine Theatre, LLC, et al., appellants. (Index No. 38196/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 17, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 7, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32173
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2005-06165
Cidrac Jean-Francois, respondent, v Moon Ying Trans Corp., et al., appellants, et al., defendant. (Index No. 30602/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 25, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32158
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2005-02412
Raymond Jorbel, et al., appellants-respondents, v Edward Kopko, et al., respondents-appellants. (Index No. 6033/04)
| ORDER ON APPLICATION |
Application by the appellants-respondents 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, Rockland County, dated February 4, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 14, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31949
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-03893, 2005-04178, 2005-04221 Robert Kadanoff, respondent, v Carol Kadanoff, appellant. (Index No. 16909/01)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeal from a judgment of the Supreme Court, Westchester County, dated March 25, 2005, and a transcript of the same court dated April 27, 2005.
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 pending under Appellate Division Docket No. 2005-04178 is dismissed, without costs or disbursements, as that appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2005-03893; and it is further,
ORDERED that on the court's own motion the appeal from the transcript dated April 27, 2005 (Appellate Division Docket No. 2005-04221) is dismissed, without costs or disbursements, as no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the application is granted and the appellant's time to perfect the appeal from the judgment under Appellate Division Docket No. 2005-03893 is enlarged until January 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31894
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HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
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2005-05470 Muhammad A. Khawaja, respondent, v Michael Pistritto, et al., appellants. (Index No. 9937/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated May 11, 2005, to enlarge the record on appeal to include certain documents, including an order of the Supreme Court, Queens County, dated June 30, 2005, 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 or relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the record on appeal is denied; 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 enlarged until December 12, 2005, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32157
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-05470 Muhammad A. Khawaja, respondent, v Michael Pistritto, et al., appellants. (Index No. 9937/00)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 11, 2005, on the ground that the order was superseded by an order of the same court dated June 30, 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.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32121
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
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2005-01892 Valerie Knaster, respondent, v Robert Knaster, appellant. (Index No. 201532/00)
| SCHEDULING ORDER |
Appeal by Robert Knaster from a judgment of the Supreme Court, Nassau County, dated January 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 27, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31880
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ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-02443 Larchmont Nurseries, Inc., appellant, v John Daly, respondent. (Index No. 18645/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered February 22, 2005, in effect, to enlarge the record to include certain material appended as Exhibits D and E 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 motion is granted; and it is further,
ORDERED that on the court's own motion the appellant's time to perfect the appeal is enlarged until December 9, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32205
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A. GAIL PRUDENTI, P.J.
SONDRA MILLER
DAVID S. RITTER
GLORIA GOLDSTEIN, JJ.
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2003-09184 Stanislaw Majlinger, appellant, v Cassino Contracting Corp., et al., defendants-respondents, Jack Thaon, et al., defendants third-party plaintiffs- respondents, et al., defendants; Alum-A-Pole Corp., third-party defendant-respondent; Eliot Spitzer, etc., intervenor. (Index No. 12301/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 20, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Cassino Contracting Corp. and Veteran Properties, Inc., joined by Celebration, LLC, and D & Sons Construction Corp., pursuant to CPLR 5602(b)(1) for leave to appeal to the Court of Appeals from an opinion and order of this court dated September 19, 2005, which determined an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated October 1, 2003.
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 following question is certified to the Court of Appeals: Was the opinion and order of this court dated September 19, 2005, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).
PRUDENTI, P.J., S. MILLER, RITTER and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32163
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2005-03778
Manchester Technologies, Inc., appellant, v M & K Internetworking Security Services, respondent. (Index No. 24113/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 23, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32131
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2005-05125
Patricia Marrone, plaintiff-respondent, v South Shore Properties, defendant third-party plaintiff appellant-respondent, CVS Deer Park, LLC, etc., defendant respondent-appellant; High Performance Sweepers, Inc., third-party defendant- respondent. (Index No. 15133/02)
| ORDER ON APPLICATION |
Application by the respondent-appellant 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 April 27, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before November 10, 2005 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the respondent may serve and file a brief in response to the respondent-appellant's brief on or before December 15, 2005; the appellant-respondent shall serve and file its reply brief on or before December 15, 2005; and the respondent-appellant shall serve and file its reply brief on or before December 30, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32119
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2005-04305
Audrey McClaren, appellant-respondent, v Bell Atlantic, et al., respondents, Brooklyn Union Gas Co., respondent-appellant. (Index No. 20288/98)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated October 26, 2005, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 18, 2005, and cross application by the respondent-appellant for the same relief.
ORDERED that the application and cross application are granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until November 16, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32143
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2005-03109
Virginia Morton, et al., respondents, v Brookhaven Memorial Hospital, et al., defendants, Robert N. Prichep, etc., appellant. (Index No. 16619/99)
| 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, Suffolk County, entered December 23, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 18, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32166
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2005-04593
New York Central Mutual Fire Insurance Company, respondent, v Victoria Gampel, appellant. (Index No. 8599/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 14, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31953
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THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
ROBERT A. LIFSON, JJ.
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2005-01480, 2005-04081 RB Hempstead, LLC, appellant, v Incorporated Village of Hempstead, et al., respondents. (Index No. 9256/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Nassau County, entered January 21, 2005, and a judgment of the same court entered March 29, 2005, to stay enforcement of the judgment and an order of the same court entered September 22, 2005, pending hearing and determination of the appeals, to enjoin the respondents from requiring or directing the Nassau County Clerk to strike the notice of pendency on the subject Parking Field 10 pursuant to the order entered September 22, 2005, and to enjoin the Nassau County Clerk from taking any action to vacate, lift, or strike the notice of pendency on the subject Parking Field 10.
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 judgment entered March 29, 2005, and the order entered September 22, 2005, is stayed, and the respondents are enjoined from requiring or directing the Nassau County Clerk to strike the notice of pendency on the subject Parking Field 10, and the Nassau County Clerk is enjoined from taking any action to vacate, lift, or strike the notice of pendency on the subject Parking Field 10, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before December 6, 2005; and it is further,
ORDERED that in the event the appeals are not perfected on or before December 6, 2005, the court, on its own motion, may vacate the stay and the injunction, or the respondents may move to vacate the stay and the injunction, on three days notice.
ADAMS, J.P., S. MILLER, RITTER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32145
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2005-06277
Leba Sonneberg, respondent, v Milton Sonneberg, appellant. (Index No. 203914/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, entered May 26, 2005.
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 February 2, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32138
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2005-04729 David L. Tashjian, respondent, v Maryanne Z. Tashjian, appellant. (Action No. 1) (Index No. 2178/02) 2005-07467 Maryanne Z. Tashjian, appellant, v David L. Tashjian, respondent. (Action No. 2) (Index No. 19106/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) on appeals from two orders of the Supreme Court, Westchester County, entered April 12, 2005 (Appellate Division Docket No. 2005-04729), and July 6, 2005 (Appellate Division Docket No. 2005-07467), respectively, to enlarge the time to perfect the appeals.
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated April 12, 2005, is granted and the appellant's time to perfect the appeal dated April 12, 2005, is enlarged until January 4, 2006, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated July 6, 2005 is denied as unnecessary.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32151
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2005-03282
Telemark Construction Management, Inc., et al., plaintiffs/counterclaim-defendants respondents, v Ross School, et al., defendants/ counterclaim-plaintiffs respondents; P.W. Grosser Consulting Engineer and Hydrogeolgist, P.C., et al., counterclaim-defendants appellants, Telemark Millwork, Inc., et al., counterclaim-defendants respondents. (Appeal No. 1) 2005-05228 Telemark Construction Management, Inc., et al., plaintiffs/counterclaim-defendants, v Ross School, et al., defendants/counterclaim- plaintiffs respondents, et al., defendant counterclaim- plaintiff; Telemark Millwork, Inc., et al., counterclaim- defendants; Royal Insurance Company of America, counterclaim-defendant appellant. (Appeal No. 2) (Index No. 25148/00)
| ORDER ON APPLICATION |
Application by the appellant P.W. Grosser Consulting Engineer and Hydrogeolgist, P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time of all appellants to perfect appeals from two orders of the Supreme Court, Suffolk County, dated November 4, 2004, and March 15, 2005, respectively.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until January 10, 2006, and the joint record or appendix on the appeals and the appellants's respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32133
T/sl
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2005-03770
Louise Thompson, etc., et al., respondents, v Town of Brookhaven, et al., appellants. (Index No. 215/02)
| ORDER ON APPLICATION |
Joint application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge their time to perfect appeals from an order of the Supreme Court, Suffolk County, dated March 31, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until November 9, 2005, and the record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32127
C/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-01956 Lois Voyticky, etc., et al., appellants, v Jim J. Duffy, et al., respondents. (Index No. 15258/83)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated January 6, 2004, which was determined by decision and order of this court dated June 27, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., COZIER, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32062
L/
|
2005-02650
Emmett Washington, respondent, v New York City Transit Authority, appellant. (Index No. 23680/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 5, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32141
T/sl
|
2005-06102
Sawandi Wilbur, etc., et al., appellants, v Jay Lacerda, et al., respondents. (Index No. 12702/00)
| 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, Westchester County, dated April 29, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 15, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32160
S/sl
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2005-03006
William F. Wright, appellant, v Elmwood Park Condominium II, et al., respondents. (Index No. 12155/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated January 14, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 25, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32159
S/sl
|
2004-10995
In the Matter of Alexander Potruch, P.C., respondent, v Ann Marie Schiff, appellant. (Index No. 18699/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated November 15, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 5, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32106
M/nal
|
2005-01937 In the Matter of Miguel Matos-Robert B. (Anonymous). Graham-Windham, Inc., respondent; Monique B. (Anonymous), appellant. (Docket No. B-16006-01)
| SCHEDULING ORDER |
Appeal by Monique B. from an order of the Family Court, Queens County, dated February 15, 2005. The appellant's brief was filed in the office of the Clerk of this court on November 1, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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.
Appellate Division: Second Judicial Department
M32110
M/nal
|
2005-08492 In the Matter of Joseph Brooks, respondent, v Marissa Brooks, a/k/a Marissa Pollachek, appellant. (Docket No. V-6976-05)
| SCHEDULING ORDER |
Appeal by Marissa Brooks, a/k/a Marissa Pollachek from an order of the Family Court, Suffolk County, dated August 12, 2005. By decision and order on motion of this court dated November 1, 2005, the following attorney was assigned as counsel on the appeal:
Donald M. Card, Jr., Esq.
490 Wheeler Road - Suite 165K
Hauppauge, New York 11788
(631) 974-3149
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; 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 the order of this court dated November 1, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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.
Appellate Division: Second Judicial Department
M32060
L/
|
2005-04540
In the Matter of Beverly H. C. (Anonymous). Hollis H. C. (Anonymous), petitioner-respondent; David Malane, cross-petitioner-appellant. (Index No. 5978/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated April 1, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32118
M/nal
HOWARD MILLER , J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA , JJ.
|
2005-05601 In the Matter of Rick Enrico Dellagatta, appellant, v Belinda McGillicuddy, respondent. (Docket No. F-08597-04)
| SCHEDULING ORDER |
Appeal by Rick Enrico Dellagatta from an order of the Family Court, Nassau County, dated March 29, 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 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 28, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32125
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HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-07564
In the Matter of Sekou E. (Anonymous). Gregory E. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ruth C. (Anonymous), respondent, v Gregory E. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N- 2289/99, V-12832/03)
| DECISION & ORDER ON MOTION |
Appeal by Gregory E. from an order of the Family Court, Queens County, dated May 6, 2005. By order to show cause dated October 3, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated August 16, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 28, 2005.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32103
M/nal
|
2005-08016, 2005-08018, 2005-08019, 2005-08020 In the Matter of Donta J. (Anonymous), appellant. (Docket Nos. D-3236/04, D-5311/04)
| SCHEDULING ORDER |
Appeals by Donta J. from four orders of the Family Court, Richmond County, dated January 6, 2005, March 30, 2005, and two dated August 10, 2005, respectively. By decision and order on motion of this court dated November 1, 2005, the following attorney was assigned as counsel on the appeal:
Cynthia A. Lee, Esq.
900 So. Avenue - 3rd Floor
Staten Island, New York 10314
(718) 535-7622
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any 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 the order of this court dated November 1, 2005, has been served upon the clerk of the court from which the appeals are taken, 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 Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32114
M/nal
|
2005-04700 In the Matter of Yves J.-J. (Anonymous), appellant. (Docket No. D-11572-03)
| SCHEDULING ORDER |
Appeal by Yves J.-J. from an order of the Family Court, Suffolk County, entered April 28, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 31, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
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.
Appellate Division: Second Judicial Department
M32116
M/nal
|
2005-04705 In the Matter of Joann Jastremski, respondent, v David Jastremski, appellant. (Docket No. O-01681-05)
| SCHEDULING ORDER |
Appeal by David Jastremski from an order of the Family Court, Richmond County, dated April 28, 2005. By decision and order on motion of this court dated October 28, 2005, the following attorney was assigned as counsel on the appeal:
Mark W. Brandys, Esq.
36 West 44th Street - Suite 1212
New York, New York 10036
(212) 938-0160
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; 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 the order of this court dated October 28, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32112
M/nal
|
2005-04405 In the Matter of Jeanette Jones, respondent, v Stephan Jones, appellant. (Docket No. F-10293-04)
| SCHEDULING ORDER |
Appeal by Stephan Jones from an order of the Family Court, Kings County, dated March 29, 2005. By decision and order on motion of this court dated October 31, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. 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 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 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32108
M/nal
|
2005-07683
In the Matter of Tanjira Khatun, respondent, v Shahajahan Ali, appellant. (Docket No. F-01378-02)
| ORDER TO SHOW CAUSE |
Appeal by Shahajahan Ali from an order of the Family Court, Richmond County, dated May 31, 2005. By scheduling order dated September 27, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 September 27, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 17, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32172
L/
|
2005-01982
In the Matter of Kitson & Kitson, etc., petitioner-respondent, v City of Yonkers, et al., respondents-respondents; Peter G. McKiernan, et al., intervenors-respondents; Lawrence H. Bloom, intervenor-appellant. (Proceeding No. 1) (Index No. 18747/01) In the Matter of Lawrence H. Bloom, petitioner-appellant, v City of Yonkers, et al., respondents-respondents; Peter G. McKiernan, et al., intervenors-respondents. (Proceeding No. 2) (Index No. 11714/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 23, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32195
C/nal
AD3d
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
GLORIA GOLDSTEIN, JJ.
|
1995-00644 In the Matter of Robert Levy, a disbarred attorney. (Attorney Registration No. 2075257)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 31, 1985. By opinion and order of this court dated May 1, 1995, he was disbarred upon his conviction of a felony. By decision and order of this court dated March 25, 2002, the respondent's first motion for reinstatement was denied as premature. By decision and order of this court dated May 30, 2003, his second motion for reinstatement was denied, based on this court's finding that he did not demonstrate the requisite fitness and character to practice law. By decision and order on motion of this court dated November 5, 2004, the instant motion was referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including, but not limited to, the respondent's filing, if any, with this court of his affidavit of compliance, the notification sent to his clients regarding his disbarment, whether his work subsequent to his disbarment involved the practice of law, a letter from each of his employers subsequent to his disbarment, and information regarding the settlement fees reported on his income tax returns, and the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion and the papers filed in relation thereto, including the report of the Committee on Character and Fitness, it is
ORDERED that the motion is granted; and it is further,
ORDERED that effective immediately, the respondent Robert Levy is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Robert Levy to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32105
M/nal
|
2005-08377 In the Matter of Frankie Lopez, appellant, v Jannette Hernandez, respondent. (Docket No. F-31316-04)
| SCHEDULING ORDER |
Appeal by Frankie Lopez from an order of the Family Court, Kings County, dated June 23, 2005. By decision and order on motion of this court dated November 1, 2005, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. 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 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 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.
Appellate Division: Second Judicial Department
M32190
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-03804 In the Matter of David Mounier, appellant, v American Transit Insurance Company, respondent.
(Index No. 33120/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated March 11, 2005, as a poor person, and to enlarge the time to perfect the appeal.
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 for poor person relief is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 9, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32167
L/
|
2005-06363
In the Matter of Nacirema Environmental System, petitioner, v Raymond P. Martinez, respondent. (Index No. 80082/05)
| ORDER ON APPLICATION Application to Withdraw Proceeding |
Proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Richmond County, dated June 20, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32122
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-04812, 2005-04815 In the Matter of Nonyem C. Onuoha, appellant, v Roland E. Onuoha, respondent. (Proceeding No. 1) In the Matter of Roland E. Onuoha, respondent, v Nonyem C. Onuoha, appellant. (Proceeding No. 2) (Docket Nos. O-18746-04, O-19932-04)
| SCHEDULING ORDER |
Appeals by Nonyem C. Onuoha from two orders of the Family Court, Queens County, both dated April 12, 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 appellant's time to perfect the appeals 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 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 16, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32101
M/nal
|
2005-04557 In the Matter of Toniann Otto, respondent, v Jeffrey L. Otto, appellant. (Docket No. O-5334-05)
| SCHEDULING ORDER |
Appeal by Jeffrey L. Otto from an order of the Family Court, Suffolk County, dated May 6, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 23, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until December 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32117
M/nal
|
2005-07921
In the Matter of Brianna Jean R. (Anonymous). Westchester County Department of Social Services, respondent; Jason R. (Anonymous), appellant. (Docket No. B-06297-04)
| ORDER TO SHOW CAUSE |
Appeal by Jason R. from an order of the Family Court, Westchester County, dated August 1, 2005. By scheduling order dated September 22, 2005, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not 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; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 September 22 , 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 17, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32193
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-08804
In the Matter of Clifford Rice, appellant, v Glenn S. Goord, etc., et al., respondents. (Index No. 0056/05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated August 12, 2005, as a poor person, for free transcripts, and to waive the filing fee.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, 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 respondents' 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 branches of the motion which are for free transcripts and to waive the filing fee are denied.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32155
S/sl
|
2005-07948
In the Matter of Nathaniel Robinson, Jr., respondent, v Health & Hospital Corporation, Queens Hospital Center, appellant. (Index No. 9455/05)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from a judgment of the Supreme Court, Queens County, dated July 28, 2005, and for a preference in calendaring the appeal.
ORDERED that the branch of the application which is to enlarge the time to file a brief is granted and the respondent's time to file a brief is enlarged until November 25, 2005, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before December 12, 2005; and it is further,
ORDERED that the branch of the application which is for a preference is denied without prejudice to making a motion for the same relief (see CPLR 8022).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32098
M/nal
|
2005-04402 In the Matter of Robert Saunders, appellant, v Mary E. Smith, respondent. (Docket No. P-08153/02)
| SCHEDULING ORDER |
Appeal by Robert Saunders from an order of the Family Court, Kings County, dated September 17, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 2, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
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.
Appellate Division: Second Judicial Department
M32104
M/nal
|
2005-07625 In the Matter of Amanda Sherman, appellant, v Eleanor Hughes, respondent. (Proceeding No. 1) In the Matter of Amanda Sherman, o/b/o Tyrell Sherman, petitioner-appellant, v Eleanor Hughes, respondent; Rhonda R. Weir, nonparty-appellant. (Proceeding No. 2) (Docket Nos. V-11702/01, V-11704/01)
| SCHEDULING ORDER |
Separate appeals by Amanda Sherman and the law guardian from an order of the Family Court, Kings County, dated July 21, 2005. By decision and order on motion of this court dated November 1, 2005, the following attorney was assigned as counsel to appellant Amanda Sherman on the appeal:
Zvi Ostrin, Esq.
130 7th Avenue - Suite 206
New York, New York 10011
(917) 579-1371
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel 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 assigned counsel 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 any Family Court proceeding to be transcribed for the appeal; 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 the order of this court dated November 1, 2005, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcripts are 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 Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M32123
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2005-08955 In the Matter of Alfonso Springer-Knight, petitioner, v Joseph M. McKay, etc., et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a state inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
Upon the papers filed in support of the petition and the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for permission to proceed as a poor person is denied; and it is further,
ORDERED that in the event the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32208
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-10307 In the Matter of Terraferma Electrical Construction Co., Inc., petitioner, v City of New York Department of Environmental Protection, et al., respondents. (Index No. 21666/05)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, inter alia, for leave to appeal to this court from an order of the Supreme Court, Queens County, dated November 1, 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.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32129
S/sl
|
2004-05595, 2004-09378
In the Matter of Sambasiva Rao Venigalla, et al., respondents, v Alagappa Alagappan, et al., appellants. (Index No. 15676/01)
| 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 appeals from two orders of the Supreme Court, Queens County, dated June 10, 2004, and September 13, 2004, respectively.
ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged, and the respondents' brief submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32120
M/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-02016 In the Matter of Camille May Voutour, appellant, v Dianna S. Mazzarese, et al., respondents. (Docket No. V-25217-03)
| SCHEDULING ORDER |
Appeal by Camille May Voutour from an order of the Family Court, Kings County, dated January 26, 2005. The appellant's brief was filed in the office of the Clerk of this court on September 16, 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 law guardian's time to serve and file a brief on the appeal is enlarged until December 2, 2005; and it is further,
ORDERED that no further enlargements of time shall be granted.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32099
M/nal
|
2005-04432
In the Matter of Hadassah Weinberger, respondent, v Joshua Frankel, appellant. (Docket No. F-1596-04)
| ORDER TO SHOW CAUSE |
Appeal by Joshua Frankel from an order of the Family Court, Rockland County, dated March 30, 2005. By letter dated August 31, 2005, the court was informed that there were no transcripts for the above-entitled proceeding, and pursuant to the scheduling order of this court dated May 17, 2005, the appeal in the above-entitled proceeding was to be perfected on or before October 28, 2005. The appeal has not been perfected. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are 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 May 17, 2005, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 17, 2005; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32115
M/nal
|
2005-07159 In the Matter of Craig E. Zammit, appellant, v Nicole D. Novellino, respondent. (Docket No. V-6366-02)
| SCHEDULING ORDER |
Appeal by Craig E. Zammit from an order of the Family Court, Orange County, dated July 12, 2005. The appellant's brief was filed in the office of the Clerk of this court on October 25, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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.
Appellate Division: Second Judicial Department
M32194
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-05972
In the Matter of Robbin Zeigler, petitioner, v New York City Housing Authority, respondent. (Index No. 21322/04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief |
Motion by the petitioner for leave to prosecute the proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated June 6, 2005, as a poor person, for leave to prosecute the proceeding on the original papers, and to enlarge time to perfect the proceeding.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for poor person relief is granted to the extent that the proceeding will be heard on the original papers (including a typewritten transcript of the stenographic minutes of the hearing) and on petitioner's and respondent's briefs, which may be in legible typewritten form or in any other legible form authorized by this court's rules and which must comply with said rules (22A NYCRR 670.1 et seq.). The parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and that branch of the motion is otherwise denied; it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the proceeding is granted and the petitioner's brief must be served and filed on or before January 9, 2006; and it is further,
ORDERED that the branch of the motion which is to waive the filing fee is denied as unnecessary (see 22 NYCRR 670.22).
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32091
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-01465 The People, etc., respondent, v Kevin Campbell, appellant. (Ind. No. 2766/03)
| ORDER TO SHOW CAUSE |
Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Nassau County, rendered February 4, 2004, on the ground that the appellant has abandoned the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before December 9, 2004, and the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32010
A/sl
THOMAS A. ADAMS, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-05994, 2005-07567, 2005-09751
The People, etc., plaintiff, v Leonard Conforti, a/k/a Martin Cohen, defendant.
(Ind. No. 10883/94)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from two decisions of the Supreme Court, Kings County, dated March 31, 2005, and April 19, 2005, respectively, and for leave to appeal to this court from a resentencing of the same court imposed May 19, 2005, and in effect, to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from the decisions dated March 31, 2005 (Appellate Division Docket No. 2005-07567), and April 19, 2005 (Appellate Division Docket No. 2005-09751), is denied as those decisions are not appealable (see CPL 450.10; 450.15); and it is further,
ORDERED that the branch of the motion which is for leave to appeal to this court from the resentencing imposed May 19, 2005, is denied as unnecessary as the resentencing is appealable as of right (see L 204, Ch 738); and it is further,
ORDERED that motion is otherwise denied as academic.
ADAMS, J.P., LUCIANO, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32095
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-04295 The People, etc., respondent, v Mark Gruttadauria, appellant.
(Ind. No. 599/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Suffolk County, rendered April 6, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 5, 2005, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32126
R/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2003-10254 The People, etc., respondent, v William Holub, Jr., appellant. (Ind. No. 1225/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 2, 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 pro se on an appeal from a judgment of the County Court, Suffolk County, rendered November 13, 2002, inter alia, to be provided with certain additional minutes.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file his supplemental pro se brief is enlarged, and the supplemental brief shall be served and filed on or before January 4, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32090
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-08902 The People, etc., respondent, v Duane Kirby, appellant. (Ind. No. 04-00156)
| ORDER TO SHOW CAUSE |
Motion by assigned counsel, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Orange County, rendered September 24, 2004, on the ground that the appellant has abandoned the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion, the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before December 9, 2004, and the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32197
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-11112 The People, etc., respondent, v Avraham Levi, appellant. (Ind. No. 914/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 10, 2004, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied, with leave to renew on or before December 21, 2005, upon the appellant's submission of a financial affidavit setting forth his current and past sources of income, all assets, and an explanation of how he is currently supporting himself; and it is further,
ORDERED that if the appellant does not renew the motion on or before December 21, 2005, the court shall issue an order to show cause why the appeal should or should not be dismissed as abandoned.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32093
A/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-07918 The People, etc., respondent, v Sherman McRae, a/k/a Sherman Walker, appellant. (Ind. No. 440/86)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered October 27, 1986. By order to show cause dated August 24, 2005, the defendant was directed to show cause before this court why an order should or should not be entered dismissing the appeal from the judgment on the ground that the notice of appeal was untimely.
Now, on the court's own motion and upon the papers filed in opposition to the order to show cause, it is
ORDERED that the motion is granted, and the appeal is dismissed (see CPL 460.30).
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32139
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2003-09286 The People, etc., respondent, v Bruce Monroe, appellant. (Ind. No. 1967/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the County Court, Nassau County, rendered October 14, 2003, for leave to redact the last sentence on page 14 and the first full sentence on page 58 of its brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before November 21, 2005, the respondent shall delete or remove the last sentence on page 14 and the first full sentence on page 58 from the copies of its brief filed with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32147
T/sl
|
2000-09974
The People, etc., respondent, v Rayandrea M. Pittman, appellant. (Ind. No. 33/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered September 20, 2000.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 29, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32156
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-10453 The People, etc., respondent, v Chauncy Ramos, appellant. (Ind. No. 04-310)
| DECISION & ORDER ON MOTION |
Motion by the appellant to hold in abeyance an appeal from a judgment of the County Court, Westchester County, rendered November 16, 2004, or, alternatively, to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to hold the appeal in abeyance is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the 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 November 21, 2005.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32053
S/sl
ROBERT A. LIFSON, J.
|
2005-08858
The People, etc., plaintiff, v Julio Rodriguez, defendant. (Ind. No. 840/02)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Orange County, dated July 6, 2005, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M32100
R/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-05023 The People, etc., respondent, v Ben Scott, appellant. (Ind. No. 6551/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered June 17, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before December 21, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 R 3600
Marcy Corr. Fac.
Box 3600
Marcy, New York 13403
Appellate Division: Second Judicial Department
M32097
A/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2002-02616 The People, etc., respondent, v Giovanni Smith, appellant.
(Ind. No. 8623/00)
| DECISION & ORDER ON MOTION Motion to File A Supplemental Reply Brief |
Motion by the appellant pro se for leave to serve and file a supplemental reply brief on an appeal from a judgment of the Supreme Court, Kings County, rendered March 6, 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.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
02-A-1700
Fishkill Correctional Facility
Box 1245
Beacon, NY 12508
Appellate Division: Second Judicial Department
M32135
A/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2004-08537 The People, etc., respondent, v Tyrone Taliaferro, appellant.
(Ind. No. 10467/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered September 9, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until November 17, 2005.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court