SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4252
Y/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
HOWARD MILLER, JJ.
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2003-07927 Malka Adlerstein, appellant, v Joseph Adlerstein, respondent. (Index No. 261/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the record on an appeal from an order of the Supreme Court, Queens County, dated August 14, 2003, to include a petition filed by Tzvi Alderstein in the Ontario Superior Court of Justice, Ontario, Canada.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., ALTMAN, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3276
J/sl
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2003-01549 David Braun, et al., respondents, v Village of New Square, appellant, et al., defendants. (Index No. 182/02)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Rockland County, dated January 13, 2003.
ORDERED that the application is granted and the respondents' brief which was submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4289
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2002-10652
Jose Burgos, appellant, v Charles Patrick, et al., respondents. (Index No. 5213/02)
| 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 October 9, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4281
S/sl
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2003-03625 Frank Capella, plaintiff-respondent, v City of New York, defendant-respondent; 69 Middle Village Corporation, defendant third-party plaintiff-appellant; Brooklyn Union Gas Company, third-party defendant- appellant. (Index No. 10337/99)
| ORDER ON APPLICATION |
ORDERED that the order on application dated November 6, 2003, in the above-entitled case is amended by adding to the decretal paragraph thereof after the words "the appeal" the phrase "by 69 Middle Village Corporation".
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4302
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
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2003-00449
Jean Cenatus, appellant, v Herman Rosen, et al., respondents.
(Index No. 31044/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 5, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until November 17, 2003, and the respondents' brief must be served and filed on or before that date.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4295
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2003-01847
Bernard Chrzanowski, respondent, v Tomasz Wojtkowski, et al., appellants. (Index No. 46411/99)
| 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 January 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4286
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2003-01669
Michael A. Cullen, respondent, v Northport Ford, Inc., appellant. (Index No. 12731/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated January 6, 2003.
Upon the stipulation of the parties, dated April 30, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4190
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
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2003-04002, 2003-09101
Peter DeRise, respondent, v Neil F. Kreinik, appellant.
(Index No. 18566/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, dated March 19, 2003, and October 1, 2003, respectively, inter alia, for leave to appeal from the order dated October 1, 2003, and, in effect, for a stay of all proceedings in connection with the order dated October 1, 2003, pending hearing and determination of 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 order dated October 1, 2003, is granted (see CPLR 5701[c]); and it is further,
ORDERED that the branch of the motion which is, in effect, to stay all proceedings in connection with the order dated October 1, 2003, is granted to the extent that the hearing directed by the order dated October 1, 2003, is stayed pending hearing and determination of the appeal from the order dated March 19, 2003 (Appellate Division Docket No. 2003-04002); and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4292
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2003-01569
James P. Farkas, et al., respondents, v Erin E. Bailey, appellant. (Index No. 515/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated January 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4290
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2003-01534
Martin Gidansky, appellant, v Bonnie Harwayne, respondent. (Index No.16068/97)
| 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 January 6, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4287
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2003-01661
Priscilla Haber, appellant, v Lordae Property Management, et al., respondents. (Index No. 137/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated January 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4296
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2003-00922
Shari Itkin, respondent, v Allison Weiss, defendants, Raffael Parisi, et al., appellants. (Index No. 4822/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 29, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4303
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
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2003-06079 Nicholas Joseph, respondent, v Hemlok Realty Corp., appellant. (Index No. 2420/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 10, 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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4301
A/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
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2003-07988
Edmund D. Mann, et al., respondents, v NYLCARE 65, et al., defendants, Mitul Patel, etc., appellant. (Index No. 16541/98)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated June 18, 2003, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4294
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2003-02246
Cynthia McCourty, respondent, v Janine V. Seaton, et al., appellants, et al., defendant. (Index No. 15905/01)
| 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 January 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4293
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2003-01493
NYCTL 1997-1 Trust, et al., respondents, v Israel Halberstam, et al., appellants, et al., defendants. (Index No. 12490/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Kings County, dated October 8, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4300
A/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
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2003-09063 Kathryn L. Nugent, appellant, v Todd A. Nugent, respondent.
(Index No. 18148/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Suffolk County, dated September 22, 2003, 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.
FLORIO, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4283
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
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2003-06507 Nyack Hospital, etc., et al., appellants, v Encompass Insurance Company, respondent.
(Index No. 202/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated July 7, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 24, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4269
Y/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
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2003-02249 Ocean Club, Inc., appellant, v Incorporated Village of Atlantic Beach, respondent. (Index No. 15325/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, entered October 22, 2002, to have this court take judicial notice of a certain resolution of the respondent dated October 15, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4247
J/sl
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2003-04269
Marion S. Penn, respondent, v Gregg Attanasio, et al., appellants. (Index No. 13902/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated April 18, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 3, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4280
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2003-04059
Maria Rivera, appellant, v 1662 New York Avenue Corp., et al., respondents. (Index No. 11594/00)
| 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 April 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4312
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
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2003-07851 Ruth K. Schnabel, et al., respondents, v Carol Schultz Huggins, etc., appellant. (Index No. 647/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Orange County, dated August 15, 2003, to stay discovery 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 granted and discovery in the above-entitled action is stayed pending hearing and determination of the appeal.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4251
Y/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
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2003-03137 Eugene Sidney, appellant, v State of New York, respondent. (Claim No.106493)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se (1) for leave to reargue his prior motion to prosecute an appeal from a judgment of the Court of Claims, dated February 18, 2003, as a poor person and to file only one copy of the brief, and (2) 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 branch of the motion which is to enlarge the time to perfect is granted, the appellant's time to perfect the appeal is enlarged until January 16, 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 the motion is otherwise denied.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4254
Y/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-08441
Richard A. Sulkow, plaintiff, v Andor Stern, defendant. (Index No. 857/02)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Richard Sulkow for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 18, 2003, which affirmed an order of the Civil Court, City of New York, County of Kings, entered May 11, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4255
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
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2001-08915 Isaac Teitelbaum, respondent, v Paul G. Brumaire, appellant, et al., defendants. (Index No. 17129/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge his time to move to reargue an appeal from an order of the Supreme Court, Kings County, dated July 17, 2001, which was determined by decision and order of this court dated September 8, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4297
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2003-01995
Yamany Thomas, et al., respondents, v 281-289 Crown Street, et al., defendants, CHLC Realty Corp., appellant. (Index No. 20846/97)
| 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 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4274
Y/sl
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
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2003-02678 Nathaniel Thomas, et al., plaintiffs-appellants, v Lee Trucking Co., et al., defendants-respondents, Consolidated Bus Transit Inc., et al., defendants- appellants. (Index No. 24707/01)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 24, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the plaintiffs-appellants' time to perfect the appeal is enlarged until December 12, 2003, and the plaintiffs-appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time will be granted to the plaintiffs-appellants; and it is further,
ORDERED that the defendants-respondents shall serve and file their brief in opposition to the plaintiffs-appellants' brief on or before January 12, 2004; and it is further,
ORDERED that the plaintiffs-appellants shall serve and file a reply brief on or before January 22, 2004.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4291
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2003-00211
Utilisave, LLC, respondent, v Harry Silver Housing Co., Inc., appellant, et al., defendants. (Index No. 17741/01)
| 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 December 4, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4240
C/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
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2003-02086 Mildred Ventriglio, etc., respondent, v Staten Island University Hospital, appellant. (Index No. 12354/95)
| DECISION & ORDER ON MOTION |
Motion by Thomas J. DeVito, the attorney for the respondent, for leave to withdraw as counsel on an appeal from an order of the Supreme Court, Richmond County, dated December 18, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and Thomas J. DeVito is relieved from representing the respondent with respect to the instant appeal; and it is further,
ORDERED that on or before November 26, 2003, Thomas J. DeVito is directed to serve his client by one of the methods specified in CPLR 2103(c), with a copy of this decision and order and shall file proof of such service with the Clerk of this court; and it is further,
ORDERED that no further proceedings shall be taken against the respondent, without leave of the court, until the expiration of 30 days after service upon her of a copy of this decision and order; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged and the respondent shall serve and file her brief on or before December 26, 2003.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4256
Y/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-08512
Willoughby Associates, petitioner, v Keith E. Dance-Lonesome, respondent. (Index No. 1601/01)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Keith E. Dance-Lonesome for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated March 29, 2003, which modified an order of the Civil Court, City of New York, County of Kings dated March 18, 2002, and dismissed an appeal from an order of the same court dated November 2, 2001.
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.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4248
Y/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
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2002-09832 In the Matter of Annette V. Campo, respondent, v John P. Campo, appellant; Stephen Moser, nonparty-respondent. (Docket No. V-2252-01)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian to enlarge the time to file a brief on an appeal from an order of the Family Court, Nassau County, dated October 2, 2002.
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 brief deposited in the office of the Clerk of the Court is accepted for filing.
FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4279
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-06581 In the Matter of Hommy Colon, appellant, v County of Orange, et al., respondents.
(Index No. 2548/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Orange County, dated July 7, 2003.
Upon the stipulation of the attorneys for the respective parties, dated October 22, 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4305
E/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
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2003-04249, 2003-04955 In the Matter of Luisa Holden, appellant, v Clive Cardozo, respondent. (Docket No. V-3789-99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Family Court, Suffolk County, entered May 15, 2003, and June 7, 2002, respectively, in effect, for summary reversal.
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; and it is further,
ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeals is enlarged until December 26, 2003.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4250
Y/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
|
2003-03465
In the Matter of Juda Construction, Ltd., et al., respondents, v John Spencer, etc., appellant. (Index No. 3215/03)
| 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 April 11, 2003. Cross application by the respondents to impose costs and sanctions.
Upon the papers filed in support of the motion and cross application 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 January 16, 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 the cross application is denied without prejudice to seeking relief by way of motion (see CPLR 8022).
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4257
Y/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-09293
In the Matter of Sussex Apartments, LLC, petitioner, v Sei Young Choi, respondent. (Index No. 434/02)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Sei Young Choi for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 5, 2003, which affirmed a final judgment of the Civil Court, City of New York, Queens County, entered February 7, 2002 and two judgments of the same court, entered February 7, 2002, and March 8, 2002, respectively, and modified an order of the same court dated March 8, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4277
A/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
REINALDO E. RIVERA, JJ.
|
2002-03290, 2003-03291 In the Matter of Village of Westbury, appellant, v Rod Straehle, et al., respondents. (Index No. 10430/01) 2003-09563 Incorporated Village of Westbury, respondent, v Rod Straehle, et al., appellants, et al., defendants. (Index No. 13928/01)
| DECISION & ORDER ON MOTION |
Motion by (1) the respondents in the above-entitled proceeding for leave to reargue appeals from two orders of the Supreme Court, Nassau County, both entered February 5, 2002, which were determined by decision and order of this court dated August 4, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court, and (2) the appellants in the above-entitled action, on an appeal from a judgment of the Supreme Court, Nassau County, dated September 10, 2003, to stay all proceedings in that action, including enforcement of the judgment, pending hearing and determination of that appeal and reargument of the appeals from the orders entered February 5, 2003, or determination of any appeal to the Court of Appeals, if leave is granted.
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 reargue, or, in the alternative, for leave to appeal to the Court of Appeals is denied, with $100 costs; and it is further,
ORDERED that the motion is otherwise denied.
S. MILLER, J.P., GOLDSTEIN, ADAMS and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4265
Y/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2002-03208 The People, etc., respondent, v Kevin Brooks, appellant. (Ind. No. 519/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on an appeal from a judgment of the Supreme Court, Queens County, rendered March 18, 2002, to include transcripts of the trial of a codefendant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4249
E/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2001-07784
The People, etc., respondent, v Timothy Smith, appellant. (Ind. No. 11087/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Queens County, rendered July 26, 2001, to include the transcripts of the proceedings in the above-entitled matter which occurred on the following dates: May 24, 2000, August 9, 2000, September 14, 2000, November 6, 2000, January 8, 2001, January 22, 2001, February 27, 2001, March 16, 2001, April 3, 2001, April 26, 2001, and May 15, 2001.
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 judgment roll is enlarged to include proceedings which occurred on the following dates:
May 24, 2000
August 9, 2000
September 14, 2000
November 6, 2000
January 8, 2001
January 22, 2001
February 27, 2001
March 16, 2001
April 3, 2001
April 26, 2001
May 15, 2001
and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings which took place on the above dates (22 NYCRR 671.9); and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings for the dates set forth above to the appellant's counsel, without charge (CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that appellant's counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk