APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M17979
E/
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2004-06328, 2004-08814, 2004-08815
AYW Networks, Inc., respondent, v Teleport Communications Group, Inc., appellant.
(Index No. 4585/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Supreme Court, Nassau County, dated June 8, 2004, August 17, 2004, and September 22, 2004, respectively, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
, JJ.
ENTER:
James Edward Pelzer
Clerk
Appellate Division: Second Judicial Department
M17973
R/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-01287 Christian P. Benefield, plaintiff-respondent, v Halmar Corporation, defendant third-party plaintiff-respondent; Sussex County Erectors, Inc., third-party defendant-appellant. (Index No. 6520/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, entered January 8, 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 December 8, 2004, 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.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17950
M/nal
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2004-04060, 2004-09459, 2004-09460 Nathan Blumes, respondent, v Inbar Blumes Madar, appellant. (Index No. 48288-2000)
| SCHEDULING ORDER |
Appeals by Inbar Blumes Madar from three orders of the Supreme Court, Kings County, dated May 3, 2004, June 3, 2004, and August 9, 2004, respectively. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeals in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the 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 it has been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17962
PL/sl
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2004-04955
Amar Singh Daulat, appellant, v Helms Bros., Inc., respondent.
(Index No. 9905/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 4, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17977
R/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-08968 Emigrant Savings Bank, respondent, v Paul Waugh, a/k/a Paul Anthony Waugh, appellant, et al., defendants.
(Index No. 27430/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the sale of certain property pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, dated August 4, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17983
E/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
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2004-04749 Michael Estivo, et al., plaintiffs-respondents, v Verizon Communications, Inc., et al., defendants, Maureen Esposito, et al., defendants- respondents, Neil L. Birch, et al., appellants. (Index No. 4184/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant Chrysler Financial Company, n/k/a Daimler Chrysler Financial Company, LLC, on an appeal from an order of the Supreme Court, Suffolk County, dated April 20, 2004, to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17926
E/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-00098
Wanda Fazioabreau, plaintiff-respondent, v NYRAC, Inc., et al., defendants-respondents, World Financial Properties, Inc., defendant third-party plaintiff-respondent, Spring Scaffolding, Inc., appellant; Calvert Insurance Company, third-party defendant-respondent.
(Index No. 572/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated December 3, 2003, to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17963
Y/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
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2003-03728, 2003-06252 Vivian L. Hausch, appellant, v Sheila R. Clarke, etc., et al., respondents. (Index No. 17680/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from two orders of the Supreme Court, Westchester County, entered March 20, 2003, and June 5, 2003, respectively, which were determined by decision and order of this court dated June 14, 2004, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
H. MILLER, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17960
Y/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
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2004-05796 Huntingdon Life Sciences, Inc, et al., respondents, v Stop Huntingdon Animal Cruelty, et al., defendants, Lauren Gazzola, appellant. (Index No. 19809/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, entered May 14, 2004, as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17922
M/nal
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2004-09446 Janice Jefferson, appellant, v William Jefferson, respondent. (Index No. 1713/00)
| SCHEDULING ORDER |
Appeal by Janice Jefferson from an order a of the Supreme Court, Orange County, dated August 25, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Supreme Court action to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18038
S/sl
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2004-00109 Nitza Keane, appellant-respondent, v Frank M. Keane, respondent-appellant. (Index No. 18696/99)
| ORDER ON APPLICATION |
Application by the appellant-respondent on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated November 14, 2003, pursuant to 22 NYCRR 670.8(d)(2), to enlarge the time to perfect the appeal.
ORDERED that the application is granted, the appellant-respondent's time to perfect the appeal is enlarged until November 10, 2004, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his 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
M17987
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
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2004-05274 Michael Marino, et al., appellants, v County of Nassau, et al., respondents.
(Index No. 4896/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated April 14, 2004, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17972
R/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-03842
Michael Murphy, et al., appellants, v Richard Malouf, et al., respondents. (Index No. 1740/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Putnam County, entered March 8, 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 appellants' time to perfect the appeal is enlarged until January 7, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17971
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2003-11030, 2003-11031
NC Venture I, L.P., appellant, v Complete Analysis, Inc., et al., defendants, Joseph E. Fiegoli, et al., respondents (and a third-party action). (Index No. 6981/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Westchester County, entered October 23, 2002, and October 31, 2003, respectively.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until November 22, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17968
Y/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
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2004-01176, 2004-03838
Barbara Purpura, respondent, v Nicholas E. Purpura, appellant.
(Index No. 5769/85)
| DECISION & ORDER ON MOTION |
Second motion by the appellant on appeals from (1) an order of the Supreme Court, Richmond County, dated January 5, 2004, and (2) a judgment of the same court dated April 15, 2004, inter alia, for leave to reargue those branches of his prior motion which were to stay enforcement of the judgment, and for leave to prosecute the appeals as a poor person, which were determined by decisions and orders on motion of this court dated May 19, 2004, and July 30, 2004, respectively, and for a preference in the calendaring of the appeals, and cross motion by the respondent to direct the appellant to pay her attorney's fee on the motion and for the imposition of a sanction.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs; and it is further,
ORDERED that the cross motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17956
Y/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-01690 Richard Rivera, appellant, v Juan G. Toruno, respondent. (Index No. 5969/02)
| 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 January 14, 2004.
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 the appellant's time to perfect the appeal is enlarged until December 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.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17958
Y/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-09040 Michael Rosen, et al., respondents, v Long Island Greenbelt Trail Conference, Inc., appellant, et al., defendants. (Index No. 3655/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action, including jury selection, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 10, 2004.
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, including jury selection, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 9, 2004; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 9, 2004, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17954
M/nal
NANCY E. SMITH , J.P.
STEPHEN G. CRANE
WILLIAM A. MASTRO
PETER B. SKELOS , JJ.
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2004-03881, 2004-03882
Russell J. Schiff, respondent, v Ann Marie Schiff, appellant. (Index No. 23839/00)
| DECISION & ORDER ON MOTION |
Appeals by Ann Marie Schiff from a judgment of the Supreme Court, Suffolk County, and an order of the same court, both dated March 10, 2004. By decision and order dated August 18, 2004, the order to show cause to dismiss the appeals was denied, and the appellant was given until October 19, 2004, to perfect the above-entitled appeals. The appeals have not been perfected. On the court's own motion it is
ORDERED that the appeals are dismissed, without costs or disbursements.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17965
S/sl
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2004-00529, 2004-05777
Charles Sorkin, appellant, v Sierra Assets Group, Ltd., respondent. (Index No. 2830/00)
| 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 appeals from two orders of the Supreme Court, Westchester County, dated December 12, 2003, and May 24, 2004, respectively.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 13, 2004, and the respondent's brief must be served and 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 January 10, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17846
S/sl
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2004-02902
Madeline Torres, etc., plaintiff-respondent, v God's Little Campground, et al., defendants- respondents, Bill Baldwin & Sons, Inc., appellant. (Index No. 26120/01)
| 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 26, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 27, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17955
Y/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-05156, 2004-09236 V&W Realty, respondent, v Patricia Sieber, et al., appellants. (Index No. 13330/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay execution of a warrant of eviction pending hearing and determination of appeals from an order of the Supreme Court, Richmond County, dated May 5, 2004, and a judgment of the same court dated June 30, 2004
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17969
Y/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
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2004-01860 Mark Weinstein, appellant, v Gin N. Lee, et al., respondents. (Index No. 11964/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered February 5, 2004, for failure to timely perfect the same.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17933
M/nal
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2004-09608 In the Matter of Carrie L. Blossner, appellant, v Louis M. Vagnone, respondent. (Docket No. F-15557-03)
| SCHEDULING ORDER |
Appeal by Carrie L. Blossner from an order of the Family Court, Nassau County, dated September 23, 2004. 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 in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
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
M17944
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-04043
In the Matter of Carolyn Brown, respondent, v New York State Temporary and Disability Assistance, respondent, New York City Human Resources Administration, appellant. (Index No. 15283/03)
| DECISION & ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 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; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17924
M/nal
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2004-09536, 2004-09537, 2004-09538 In the Matter of Irene Byrne, petitioner-respondent, v Deirdre Multari, appellant, et al., respondent. (Docket Nos. V-0539-04, V-540-04) In the Matter of Deirdre Multari, appellant, v Irene Byrne, respondent. (Docket No. V-642-04)
| SCHEDULING ORDER |
Appeals by Deirdre Multari from three orders of the Family Court, Westchester County, all dated September 30, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17925
M/nal
|
2004-09520, 2004-06920 In the Matter of Alexis C. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous) et al., appellants. In the Matter of Cheyenne C. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous) et al., appellants. In the Matter of Justin N. (Anonymous). Administration for Children's Services respondent; Valerie C. (Anonymous) et al., appellants. (Docket Nos. N- 15008-01, N- 15009-01, N- 15010-01)
| SCHEDULING ORDER |
Appeals by Valerie C. from two orders of the Family Court, Queens County, dated June 4, 2004, and September 27, 2004, respectively, and separate appeal by Damien N. from the order dated September 27, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellants of the transcripts of the minutes of the proceedings in the Family Court, and the appellants shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellants are indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellants, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17966
PL/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-06091 In the Matter of Larisa L. Dubova, appellant, v Genrikh A. Lekumovich, respondent. (Docket No. O-24489/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 3, 2004, in the above-entitled matter is amended by deleting from the second line of the third decretal paragraph the word "appellant" and substituting therefor the word "respondent".
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17959
Y/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-07551 In the Matter of Joseph Ercole, appellant, v Town of Islip, et al., respondents. (Index No. 7782/04) | DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, dated July 28, 2004, which dismissed the proceeding, as a poor person to dispense with printing and for assignment of counsel.
Upon the papers filed in support of the motion and papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., ADAMS, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17915
M/nal
|
2004-09431, 2004-09432 In the Matter of Antonio I. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Kathleen I. (Anonymous), respondent; Tony I. (Anonymous), appellant. (Docket Nos. B-20949-03, B-20950-03, B-20951-03)
| SCHEDULING ORDER |
Appeals by Tony I. from two orders of the Family Court, Suffolk County, dated August 18, 2004, and October 19, 2004 respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M17949
M/nal
|
2004-09437, 2004-09439, 2004-09638 In the Matter of Luchia Alexis King, respondent, v Kyle Hinkson, appellant. (Docket No. P-05420-03)
| SCHEDULING ORDER |
Appeals by Kyle Hinkson from three orders of the Family Court, Kings County, dated April 29, 2004, August 6, 2004, and September 30, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17783
Y/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-05896
In the Matter of Destiny L. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Paul L. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Qeianu L. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Sakeina D. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Shantel W. (Anonymous). Administration for Children's Services, respondent; Paul L. (Anonymous), appellant. (Proceeding No. 5) (Docket Nos. N-0404-02, N-0405-02, N-0406-02, N-0407-02, N-0408-02)
| ORDER TO SHOW CAUSE |
Appeal by Paul L., the father, from an order of the Family Court, Kings County, dated June 14, 2004. By order to show cause dated September 23, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 26, 2004, issued pursuant to 22 NYCRR 670.4(a) by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court.
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 July 26, 2004 (see 22 NYCRR 670.4[5]).
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17932
M/nal
|
2004-09247 In the Matter of Inelda Lopez, appellant, v Eliardy Lopez, respondent. (Docket No. O-03693-04)
| SCHEDULING ORDER |
Appeal by Inelda Lopez from an order of the Family Court, Queens County, dated September 20, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17967
Y/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-08475 In the Matter of Helen P. Lovell, deceased. Michael Barlow, appellant; Sheri Lovell O'Neill, respondent. (File No. 92562/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the executor of the estate of Helen P. Lovell from selling certain real property in the Town of Dover, Dutchess County, pending hearing and determination of an appeal from an order of the Surrogate's Court, Dutchess County, dated August 26, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17975
R/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-05357
In the Matter of Cory M. (Anonymous). Administration for Children's Services, respondent; Eugene M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Christina M. (Anonymous). Administration for Children's Services, respondent; Eugene M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Christopher M. (Anonymous). Administration for Children's Services, respondent; Eugene M. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-3909-99, B-3910-99, B-3911-99, B-3912-99, N-9354-98, N-9355-98, N 9356-98)
| DECISION & ORDER ON MOTION |
Appeal by Eugene M. from an order of the Family Court, Queens County, dated May 20, 2004. By order to show cause dated September 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(5), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated July 6, 2004, 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 July 6, 2004 (see 22 NYCRR 670.4[a][5]).
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17917
M/nal
|
2004-09447 In the Matter of Tiffany M. (Anonymous), appellant. (Docket No. D-03195/04)
| SCHEDULING ORDER |
Appeal by Tiffany M. from an order of the Family Court, Queens County, dated October 26, 2004. 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 in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
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
M17916
M/nal
|
2004-09436 In the Matter of Christine Pellicane, appellant, v Nathan Forkey, respondent. (Docket No. V-10335-04)
| SCHEDULING ORDER |
Appeal by Christine Pellicane from an order of the Family Court, Kings County, dated October 1, 2004. 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 in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
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
M17951
M/nal
|
2004-09639, 2004-09640 In the Matter of Abigail S. (Anonymous). Suffolk County Department of Social Services, respondent; Ransom S. (Anonymous) III, appellant. In the Matter of Ransom S. (Anonymous). Suffolk County Department of Social Services, respondent; Ransom S. (Anonymous) III, appellant. In the Matter of Shannon S. (Anonymous). Suffolk County Department of Social Services, respondent; Ransom S. (Anonymous) III, appellant. (Docket Nos. N-2049-04, N-2050-04, N-2051-04)
| SCHEDULING ORDER |
Appeals by Ransom S. (Anonymous) III from two orders of the Family Court, Suffolk County, both dated October 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17974
R/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-00934 In the Matter of Nathan Samuel, petitioner, v New York State Office of Temporary and Disability Insurance, et al., respondents. (Index No. 13561/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent New York State Office of Temporary and Disability Insurance in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated January 7, 2004, to enlarge the time to serve and file its brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the time of the respondent New York State Office of Temporary and Disability Insurance to serve and file a brief is enlarged until November 10, 2004, and that respondent's brief must be served and filed on or before that date.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17964
S/sl
|
2004-01491
In the Matter of Aaron Tyk, respondent, v New York State Department of Education, appellant. (Index No. 37149/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated November 24, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 15, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17952
M/nal
|
2004-09155, 2004-09156, 2004-09157, 2004-09158, 2004-09160, 2004-09162 In the Matter of "Female" V. (Anonymous), a/k/a Kimberly V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-17431/03) In the Matter of Juana Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-17432/03) In the Matter of Nathan Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-17433/03) In the Matter of Patrick German V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 4) (Docket No. B-17434/03) In the Matter of Nouchie Wesley V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent ; German V. (Anonymous), appellant. (Proceeding No. 5) (Docket No. B-17435/03) In the Matter of Cassandra Lee V. (Anonymous). Lakeside Family and Children's Services, Inc., respondent; German V. (Anonymous), appellant. (Proceeding No. 6) (Docket No. B-17436/03)
| SCHEDULING ORDER |
Appeals by German V. from six orders of the Family Court, Kings County, all dated September 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17953
M/nal
|
2004-09152, 2004-09154 In the Matter of Brandon Lee V. (Anonymous). Heart Share Human Services of New York, etc., respondent; German V. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-18606/03) In the Matter of Wesley German V. (Anonymous). Heart Share Human Services of New York, etc., respondent; German V. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B-18607/03)
| SCHEDULING ORDER |
Appeals by German V. from two orders of the Family Court, Kings County, both dated August 16, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17659
F/
STEPHEN G. CRANE, J.
|
2004-08648 The People, etc., plaintiff, v Orville Edwards, defendant. (Ind. No. 3507/95)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 27, 2004, 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.
STEPHEN G. CRANE
Associate Justice
Appellate Division: Second Judicial Department
M17970
PL/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-05351 The People, etc., respondent, v Melantha Matthews, appellant. (Ind. No. 1625/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 3, 2004, in the above-entitled case is amended by deleting from the words from the preamble thereof the words "his supplemental brief" and substituting therefor the words "her brief".
FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17961
S/sl
|
2004-01447 The People, etc., respondent, v Richard W. Russillo, appellant. (Ind. No. 2486/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered February 4, 2004.
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 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court