Appellate Division: Second Judicial Department
M18174
CF/
|
2004-05009 Abby Aiello, et al., appellants, v Fishkill Dental Group, respondent. (Index No. 3995/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated March 2, 2004.
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ORDERED that the application is granted and the appeal is marked withdrawn.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 of the Court
Appellate Division: Second Judicial Department
M18067
R/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
SONDRA MILLER
ROBERT A. SPOLZINO, JJ.
|
2003-11228 Diane Baumann, et al., appellants, v Peter Lemongello, et al., respondents. (Index No. 14831/90)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, entered October 22, 2003, for leave to reargue their prior motion to dismiss the appeal on the grounds, inter alia, that the appeal was not timely taken and the appeal had not been timely perfected, which was determined by decision and order of this court dated October 7, 2004, and cross motion by the appellants to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for reargument of that branch of the prior motion which was to dismiss the appeal for failure to timely perfect is granted; and it is further,
ORDERED that upon reargument, that branch of the prior motion which was to dismiss the appeal for failure to timely perfect is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
RITTER, J.P., H. MILLER, S. MILLER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18156
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2003-11353, 2004-01458 Diana Bell, respondent, v City of Newburgh, et al., appellants. (Index No. 3379/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two orders of the Supreme Court, Orange County, dated November 7, 2003, and January 15, 2004, respectively.
Upon the stipulation of the attorneys for the respective parties, dated October 25, 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18108
CF/
|
2004-05469 Levi Bennett, respondent, v Bobbie Lee Row, et al., appellants. (Index No. 11719/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Kings County, dated May 21, 2004.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18175
R/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-03993, 2004-04130 Mariann Berliner, appellant-respondent, v Ira Berliner, respondent-appellant. (Action No. 1) (Index No. 2357/02) Ira Berliner, respondent-appellant, v Mariann Berliner, appellant-respondent. (Action No. 2) (Index No. 6107/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the time to file his brief on an appeal from two orders of the Supreme Court, Westchester County, entered February 10, 2004, and April 19, 2004, respectively.
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 respondent-appellant's time to file a brief is enlarged until November 22, 2004, and the respondent-appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant-respondent's time to file a reply brief is enlarged until December 22, 2004, and the appellant-respondent's reply brief must be filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his reply brief on or before January 5, 2005.
RITTER, J.P., H. MILLER, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18141
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2004-01336 Black Knights Football Club, Inc., appellant, v Brian Frey, et al., respondents. (Index No. 16833/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated December 30, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 10, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., H. MILLER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18139
CF/
|
2004-03040
Teresa Burgin, plaintiff, v Golub Corporation, d/b/a Price Chopper Supermarkets, respondent- appellant, Mid-Hudson Associates, L.L.C., etc., appellant-respondent. (Index No. 1560/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal and cross appeal from an order of the Supreme Court, Dutchess County, dated March 12, 2004.
Upon the stipulation of the parties, dated October 21, 2004, it is
ORDERED that the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18132
C/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-00850 Colin Campbell, appellant, v City of Glen Cove, respondent. (Index No. 4223/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated November 3, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that appellant's time to perfect the appeal is enlarged until December 10, 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 the motion is otherwise denied; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18109
C/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-03063 Susan Dahlin, respondent, v Sarah Paladino, et al., appellants. (Index No. 1049/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated March 19, 2004, so that the appeal is determined before November 18, 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.
SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18161
CF/
|
2004-04505 Direct Response Corporation, appellant, v Tree Line Company, respondent. (Index No. 8456/03)
| 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 April 12, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18133
C/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-10003, 2003-10004, 2003-10005, 2003-10006, 2003-10007, 2003-10008
Joan E. Evans, respondent-appellant, v Bret A. Evans, appellant-respondent. (Index No. 28177/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent pro se on appeals and cross-appeal from an order of the Supreme Court, Suffolk County, dated October 8, 2003, and five orders of the same court, all dated November 3, 2003, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and application and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the application is granted, the respondent-appellant's time to serve and file a brief is enlarged until December 10, 2004, and the respondent-appellant's brief must be served and filed on or before that date.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18181
CF/
|
2004-06248 Sean Gallagher, plaintiff-respondent, v Adria Motors Auto Repairs, et al., appellants, John Balint, defendant-respondent. (Index No. 628/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 26, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18142
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-06073 Raymond Giovanniello, etc., appellant, v Hispanic Media Group USA, Inc., respondent. (Index No. 7704/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated May 27, 2004.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 12, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18179
PL/sl
|
2004-04375
Rebecca Glen, respondent, v Town of Greenburgh, defendant, Hartsdale Avenue Properties, appellant. (Index No. 3996/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 13, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 13, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18094
M/nal
|
2004-06757 John Gonzalez, appellant, v Phyllis Gonzalez, n/k/a Quinories, respondent. (Index No. 27091-00)
| SCHEDULING ORDER |
Appeal by John Gonzalez from an order of the Supreme Court, Suffolk County, dated June 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 5, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18143
S/sl
|
2004-04558
Chaudry Hussain, respondent, v Peter Wang, defendant, James Destefano, et al., appellants. (Index No. 10876/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 12, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 17, 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
M18153
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-05410 Noel Jimenez, et al., appellants, v Port Distributing Corp., respondent. (Index No. 11193/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 19, 2002.
Upon the stipulation of the attorneys for the respective parties, dated October 21, 2004, 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 of the Court
Appellate Division: Second Judicial Department
M18127
Y/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04731 Leo Kaplan, respondent, v Arthur Rosiello, appellant. (Index No. 27475/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated May 11, 2004, inter alia, to compel the appellant to replace certain pages in the record on 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 to the extent that on or before December 1, 2004, the appellant shall remove from all copies of the record on file with this court (1) pages 9 through 11 and replace those pages with a copy of the signed order to show cause dated April 12, 2004, attached as Exhibit B to the respondent's moving papers and (2) pages 199, 202, 394, 401, 525, 640 through 642, 645, 646, 780 through 782, 784 through 786, 801, 876 through 878, 880, 960, 961,963, 965, and 966, and replace those pages with pages which do not have any extraneous marks or written comments, and the motion is otherwise denied.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18187
S/sl
|
2004-01709
Raisa Katz, et al., plaintiffs-respondents, v City of New York, defendant-respondent, Yekel Shteynberg, et al., appellants. (Index No. 31629/98)
| ORDER ON APPLICATION |
Application by the defendant-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 October 31, 2003.
ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until November 22, 2004, and the defendant-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
M18167
CF/
|
2004-05343 Robert May, et al., respondents, v City of New Rochelle, appellant. (Index No. 21700/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 1, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18110
CF/
|
2004-05094 Adrienne Micalizio, respondent, v Hook-Suprex, Inc., et al., defendants, Phoenix Corporate Services, LLC, appellant. (Index No. 12847/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated May 4, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18158
L/
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2003-02924, 2003-09357 Richard Moghab, et al., respondents, v Metropolitan New York Coordinating Council on Jewish Poverty, et al., appellants, et al., defendant. (Index No. 24886/99)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw appeals from two judgments of the Supreme Court, Kings County, dated December 23, 2002, and October 16, 2003, respectively.
Upon the stipulation of the attorneys for the respective parties, dated November 5, 2004, it is
ORDERED that the application is granted and the appeals are deemed withdrawn, without costs or disbursements.
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18119
CF/
|
2004-06423 Urias A. Moreno, et al., appellants, v Larisa J. Pilosi, respondent. (Index No. 19223/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 15, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18185
PL/sl
|
2004-07268
Nadine Narine, et al., respondents, v Farook Hussain, et al., appellants. (Index No. 24734/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated July 1, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 17, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18112
CF/
|
2004-07450 Penelope W. Oakley, respondent, v Christopher Ricks Littell, appellant. (Index No. 1927/04)
| 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 July 14, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18144
S/sl
|
2004-04391
Celeste Pacifico, et al., respondents, v Jean M. Franck, et al., appellants. (Index No. 15415/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 31, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 10, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18135
CF/
|
2004-04922 Carole A. Papapietro, respondent, v Joseph Stefan, defendant, Pollack & Kotler, et al., appellants. (Index No. 11118/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 23, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18114
CF/
|
2004-05846 Corrado Pascuzzo, respondent, v Robert Kelly, et al., appellants. (Index No. 19944/02)
| 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 June 2, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18105
M/nal
|
2004-08289
Theresa Katherine Peluso, respondent, v Edward Daniel Peluso, appellant. (Index No. 28791/00)
| ORDER TO SHOW CAUSE |
Appeal by Edward Daniel Peluso from an order of the Supreme Court, Queens County, dated August 11, 2004. By scheduling order dated September 28, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Supreme Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 28, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 24, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18176
CF/
|
2004-05736 Gary Princz, et al., appellants, v Kenneth Rubinstein, et al., respondents. (Index No. 5998/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated June 4, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18182
S/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-04009 Radha Soami Society Beas-America, respondent, v Jack L. Most, et al., appellants. (Index No. 31098/01)
| DECISION & ORDER ON MOTION |
The defendants having appealed to this court from an order of the Supreme Court, Queens County, dated March 14, 2003, and having perfected the appeal on November 3, 2003, and no respondent's brief having been filed, the matter was placed on this court's calendar for September 24, 2004. By letter dated September 3, 2004, counsel for the appellants advised this court that the action had been settled and that the appellants wished to withdraw the appeal. The stipulation of discontinuance of the action appended to the letter is dated February 4, 2004, and was filed with the Queens County Clerk on June 14, 2004. By order to show cause dated September 24, 2004, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and the papers filed in response to the order to show cause, it is
ORDERED that within 20 days of service of a copy of this decision and order on motion, the law firm of McDonough Marcus Cohn Tretter Heller & Kanca, L.L.P., the attorney for the appellants is directed to pay a sanction in the sum of $500 to the Lawyers' Fund for Client Protection of the State of New York; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve the parties with a copy of this decision and order on motion; and it is further,
ORDERED that within 10 days after payment of the sanction, counsel for the appellants shall file proof of payment with the Clerk of this court.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]). Under the circumstances sanctions in the amount set forth above are warranted.
SANTUCCI, J.P., LUCIANO, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18131
C/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-03008 Helen Razenson, et al., respondents, v Joseph Champagne, et al., appellants. (Index No. 16386/01)
| DECISION & ORDER ON MOTION |
Joint motion by the appellants and the respondents on an appeal from an order of the Supreme Court, Nassau County, dated February 10, 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 no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18178
S/sl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-03094 Roberta Reitman, respondent, v Mid State Management Corporation, et al., appellants
(Index No. 6638/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Kings County, entered March 19, 2004, to enlarge the record to include the affidavit of Laurice Al-Kirsheh, dated March 9, 2004, attached as Exhibit 1 to her motion papers. By decision and order on motion dated October 20, 2004, the matter was remitted to the Supreme Court, Kings County, to report on whether the affidavit of Laurice Al-Kirsheh, dated March 9, 2004, was considered in determining the motions which resulted in the order entered March 19, 2004, and the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, it is
ORDERED that the motion is denied.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18138
CF/
|
2004-05572 Karen Rian, respondent, v Eric Rian, appellant. (Index No. 1020/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Westchester County, dated June 2, 2004.
Upon the stipulation of the parties, dated September 15, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18183
CF/
|
2004-05415 Jennifer Saavedra, respondent, v Planned Parenthood, etc., appellant. (Index No. 11792/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 27, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18163
CF/
|
2004-06654 Suhindra Singh, respondent, v Dennis Pillai, et al., appellants. (Index No. 21660/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 21, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18136
CF/
|
2004-05550 Dorothy Spearman, et al., appellants-respondents, v Staten Island Medical Group, et al., respondents, Sister of Charity Health Care Systems Corporation, s/h/a St. Vincent's Medical Center of Richmond, respondent-appellant. (Index No. 12608/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents to withdraw an appeal from an order of the Supreme Court, Richmond County, dated April 5, 2004.
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 by the appellants-respondents is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18164
Y/sl
SONDRA MILLER, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2003-02334 Shana Springer, etc., et al., respondents, v Yonkers Board of Education, appellant, et al., defendants. (Index No. 4957/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to renew and reargue an appeal from an order of the Supreme Court, Westchester County, entered March 6, 2004, which was determined by decision and order of this court dated June 7, 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 to the extent that the decision and order of this court dated June 7, 2004, is amended by adding, after the last paragraph, a new paragraph containing the sentence "The appellant's remaining contentions are without merit.", and the motion is otherwise denied.
S. MILLER, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18160
CF/
|
2004-04079 Herta Stevens, et al., respondents, v Mildred Engelhardt, appellant. (Index No. 23934/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Suffolk County, dated April 5, 2004.
Upon the stipulation of the parties, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18126
PL/sl
|
2004-04251
William C. Teleisha, respondent-appellant, v State Farm Mutual Automobile Insurance Company, appellant-respondent. (Index No. 37717/95)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated September 29, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until January 7, 2005, and the 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 brief 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
M18150
O/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-02300, 2004-09501 Kenneth Terrano, et al., appellants, v Phyllis A. Fine, et al., respondents. (Index No. 14850/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, dated February 24, 2004, and October 14, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18168
CF/
|
2004-06597, 2004-06598 345 Lexington Avenue Mt. Kisco Corp. v Rodrigo LaFuente, et al., appellants. (Index No. 15074/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from two orders of the Supreme Court, Westchester County, dated June 29, 2004 and May 22, 2004.
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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18116
CF/
|
2004-00103 Town of Pelham, et al., appellants-respondents, v City of New Rochelle, respondent-appellant. (Index No. 6303/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and the respondent-appellant to withdraw an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated December 3, 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 and the cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18188
S/sl
|
2004-03195
Luz Volpe, et al., appellants, v Joel Cortes, et al., respondents. (Index No. 11798/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated March 11, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 13, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18137
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09430 Harry Wechsler, et al., plaintiffs-respondents, v Diamond Sugar Co., Inc., appellant, Double L. Contracting Co., defendant-respondent. (Index No. 11455/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 6, 2001, and for a preference in the calendaring 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.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18118
CF/
|
2004-04102 West Branch Realty Corp., respondent, v County of Putnam, et al., appellants. (Index No. 1381/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Putnam County, dated March 30, 2004.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17824
M/nal
|
2004-08646 In the Matter of David A. B. (Anonymous), appellant. (Docket No. D-11652-03)
| SCHEDULING ORDER |
Appeal by David A. B. from an order of the Family Court, Nassau County, dated September 1, 2004. By decision and order on motion of this court dated October 28, 2004, the following attorney was assigned as counsel on the appeal:
Gail Jacobs, Esq.
47 Rose Avenue
Great Neck, New York 11021
(516) 773-3107
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated October 28, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M18154
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-04654
In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 3) In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-03477-02, N-03478-02, N-03479-02 N-03480-02, N-03481-02, N 03482-02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Queens County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Queens County, dated June 3, 2004, and to grant the appellant leave to prosecute the appeal 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 branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before November 29, 2004, by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before December 20, 2004, upon the submission of proper papers establishing that he is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
RITTER, J.P., S. MILLER, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18151
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-04654 In the Matter of Joshua B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Steven H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Shanice H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 3) In the Matter of James B. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 4) In the Matter of Scott H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 5) In the Matter of Malik H. (Anonymous). Administration for Children's Services, respondent; Steven H. (Anonymous), appellant. (Proceeding No. 6) (Docket Nos. N-03477-02, N-03478-02, N-03479-02 N-03480-02, N-03481-02, N-03482-02)
| DECISION & ORDER ON MOTION |
Appeal by Steven H. from an order of the Family Court, Queens County, dated April 21, 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 June 3, 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.
Upon the papers filed in support of the application and the papers filed in response to the order to show cause, it is
ORDERED that the order to show cause is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18140
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-08263 In the Matter of Rhodanna C. B. (Anonymous), appellant; Pamela B. (Anonymous), et al., respondents. (Index No. 2114/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Westchester County, entered July 6, 2004, on the ground that is was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18134
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08346 In the Matter of Annette Bassin, deceased. Madeline Bassin, appellant; Joseph Bassin, respondent.
(File No. 306341)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Surrogate's Court, Nassau County, dated August 10, 2004, 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.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18081
M/nal
|
2004-08155
In the Matter of Dave Britton, appellant, v Ann Barwell, respondent. (Docket No. V-14543/02)
| ORDER TO SHOW CAUSE |
Appeal by Dave Britton from an order of the Family Court, Queens County, dated August 12, 2004. By scheduling order dated September 30, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 30, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 24, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18177
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-09038, 2004-09039
In the Matter of Catskill Regional Off-Track Betting Corporation, respondent, v State of New York Racing and Wagering Board, appellant. (Proceeding No. 1) (Index No. 4885/03) In the Matter of Daily Racing Form, Inc., respondent, v State of New York Racing and Wagering Board, appellant. (Proceeding No. 2) (Index No. 108211/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 25, 2004, in the above-entitled proceedings is amended by deleting so much of the decretal paragraph as dismissed the appeal in Proceeding No. 1 (Appellate Division Docket No. 2004-09038), and that appeal is reinstated.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18180
M/nal
|
2003-10994, 2003-10995 In the Matter of Derick Shea D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Hana E'Latisha D. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-22579/00) In the Matter of Ashlen Shadoe D. (Anonymous). Jewish Child Care Association of New York, et al., respondents; D'Hana E'Latisha D. (Anonymous), appellant. (Proceeding No. 2)
(Docket No. B-22580/00)
| SCHEDULING ORDER |
Appeals by D'Hana E'Latisha D. from two orders of the Family Court, Kings County, both dated November 12, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 9, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18101
M/nal
|
2004-04507 In the Matter of Narda De La Cruz, respondent, v Achilles Colon, appellant. (Docket No. O-13442-04)
| SCHEDULING ORDER |
Appeal by Achilles Colon from an order of the Family Court, Kings County, dated May 7, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 1, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17976
M/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-01437
In the Matter of James Andrew Francischelli, appellant, v Delores A. Andino, respondent. (Docket No. V-15106/00)
| DECISION & ORDER ON MOTION |
Appeal by James Andrew Francischelli from an order of the Family Court, Queens County, dated December 12, 2003. By order to show cause dated September 28, 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 June 22, 2004, issued pursuant to 22 NYCRR 670.4(a). Application by the appellant, in effect, for leave to reargue those branches of his prior motion which were for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion and the appellant's application are denied; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 15, 2004.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18130
M/nal
|
2004-08088
In the Matter of Robert Goodley, respondent, v Anita Hudgins, appellant. (Docket Nos. V-16/00, V-109/00)
| ORDER TO SHOW CAUSE |
Appeal by Anita Hudgins from an order of the Family Court, Richmond County, dated August 18, 2004. By scheduling order dated September 23, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 23, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 24, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18107
M/nal
|
2004-09431, 2004-09432 In the Matter of Antonio I. (Anonymous). Suffolk County Department of Social Services, respondent; Tony I. (Anonymous), et al., appellants. (Docket Nos. B-20949-03, B-20950-03, B-20951-03)
| SCHEDULING ORDER |
ORDERED that the scheduling order in the above-entitled proceeding dated November 8, 2004, is recalled and vacated, and the following scheduling order is substituted therefor:
Appeals by Tony I. from two orders of the Family Court, Suffolk County, dated August 18, 2004, and October 19, 2004 respectively, and separate appeal by Kathleen I. From the order of the Family Court dated October 19, 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 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
M18099
M/nal
|
2004-07857 In the Matter of Susanna Kraus, respondent, v Sheldon Kraus, appellant. (Docket No. O-09900-04)
| SCHEDULING ORDER |
Appeal by Sheldon Kraus from an order of the Family Court, Suffolk County, dated August 23, 2004. By decision and order on motion of this court dated November 4, 2004, the following attorney was assigned as counsel on the appeal:
Janessa M. Trotto, Esq.
49 Main Street - Suite 2
Sayville, New York 11782
(631) 897-3410
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated November 4, 2004, has been served upon the clerk of the court from which the appeal is taken, 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
M18100
M/nal
|
2004-03893 In the Matter of Deionte L. (Anonymous). Administration for Children's Services, respondent; Lisa L. (Anonymous), appellant. (Docket No. N-16113-03)
| SCHEDULING ORDER |
Appeal by Lisa L. from an order of the Family Court, Queens County, dated April 14, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18098
M/nal
|
2004-04667, 2004-06626 In the Matter of Damon Licari, respondent, v Cheryl Mulderig, appellant. (Docket No. V-11186-03)
| SCHEDULING ORDER |
Appeals by Cheryl Mulderig from two orders of the Family Court, Suffolk County, dated April 23, 2004, and May 21, 2004, respectively. By decision and order on motion of this court dated November 4, 2004, the following attorney was assigned as counsel on the appeals:
Gina M. Scelta, Esq.
P.O. Box 407
Centerport, New York 11721
(631) 547-9311
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that the order of this court dated November 4, 2004, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18089
M/nal
|
2004-04756 In the Matter of Bertha Y. Marti, appellant, v Pedro M. Marti, respondent. (Docket No. F-5958/02)
| SCHEDULING ORDER |
Appeal by Bertha Y. Marti from an order of the Family Court, Queens County, dated April 23, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 8, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17995
M/nal
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-07824
In the Matter of Sheldon Martin, respondent, v Lois P. Martin, appellant. (Docket No. V-02621/01)
| SCHEDULING ORDER |
Appeal by Lois P. Martin from an order of the Family Court, Suffolk County, dated July 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on August 27, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the time of the law guardian and the respondent to serve and file a their briefs on the appeal is enlarged until November 29, 2004; and it is further,
ORDERED that no further enlargement of time shall be granted.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18080
M/nal
|
2004-02544 In the Matter of Lisette Medina, appellant, v Alexander Figueroa, respondent. (Docket Nos. G-04903/03, O-05114/03, V-05259/03)
| SCHEDULING ORDER |
Appeal by Lisette Medina from an order of the Family Court, Dutchess County, dated February 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 8, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 30 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18096
M/nal
|
2004-05356 In the Matter of Francine Mitchell, respondent v Lesly Remy, appellant. (Docket No. F-00825-92)
| SCHEDULING ORDER |
Appeal by Lesly Remy from an order of the Family Court, Queens County, dated May 7, 2004. By decision and order on motion of this court dated November 4, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18104
M/nal
|
2004-04633 In the Matter of Tammy Moloney, respondent, v James Moloney, appellant. (Docket Nos. V-13500-03, V-13501-03, V-13502-03, V-13503-03)
| SCHEDULING ORDER |
Appeal by James Moloney from an order of the Family Court, Nassau County, dated March 26, 2004. By decision and order on motion of this court dated November 4, 2004, the following attorney was assigned as counsel on the appeal:
John Zenir, Esq.
114 Old Country Road - Suite 216
Mineola, New York 11501
(516) 746-0180
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the 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 the order of this court dated November 4, 2004, has been served upon the clerk of the court from which the appeal is taken, 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 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M18092
M/nal
|
2004-05597
In the Matter of Brandon Alfred N. (Anonymous). Seaman's Society for Children and Families, respondent; Alfred N. (Anonymous), appellant. (Docket No. B-5150/03)
| ORDER TO SHOW CAUSE |
Appeal by Alfred N. from an order of the Family Court, Richmond County, dated May 12, 2004. By decision and order on motion of this court dated October 5, 2004, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 4, 2004. The appellant has failed to do so. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 24, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18170
Y/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-08260 In the Matter of Patricia Perez, respondent, v Mario Villamil, appellant. (Docket No. F-00968-96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Queens County, dated August 31, 2004, pending hearing and determination of an appeal therefrom, for leave to prosecute the appeal on the original record, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branches of the motion which are for a stay and a preference are denied; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original record is denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
RITTER, J.P., H. MILLER, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18087
M/nal
|
2004-00829 In the Matter of Lina Catalina R. (Anonymous). Suffolk County Department of Social Services, respondent; Leonaldo R. (Anonymous), appellant. (Docket Nos. B-2959/03, B-2960/03)
| SCHEDULING ORDER |
Appeal by Leonaldo R. from an order of the Family Court, Suffolk County, dated January 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 8, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M17994
M/nal
|
2003-10154, 2003-10157, 2003-10158, 2004-09635, 2004-09636
In the Matter of Heather S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Nicole S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Alyssa S. (Anonymous). Dutchess County Department of Social Services, respondent; Lori S. (Anonymous), et al., appellants. (Proceeding No. 3) (Docket Nos. N-2989/02, N-2990/02, N-2991/02)
| SCHEDULING ORDER |
Appeals by Thomas U. and Lori S. from an order of the Family Court, Dutchess County, dated July 23, 2003, and four orders of the same court all dated October 3, 2003. The brief of the appellant Thomas U. was served and filed on November 3, 2004, and the brief of the appellant Lori S. was served and filed on November 4, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18128
Y/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-01682 In the Matter of Joseph A. Sbuttoni, deceased. Georgine Sbuttoni, etc., petitioner-respondent; Michael C. Mullins, appellant; Linda Kotecha, additional respondent. (File No. 1599/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Surrogate's Court, Westchester County, dated January 13, 2004, inter alia, to strike the respondent's appendix and brief on the ground that they contain and refer to material dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the respondent's appendix and brief is granted, the petitioner-respondent's brief and appendix are stricken, and, on or before December 10, 2004, the petitioner-respondent shall serve and file a new appendix and brief which do not contain or refer to material dehors the record; and it is further,
ORDERED that the reply brief, if any, shall be served and filed in accordance with the rules of this court (see 22 NYCRR 670.8[b]); and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18062
C/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-07802
In the Matter of Ivan Skala, plaintiff, v Mark Aronson, et al., defendants. (Index No. 683/01)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the defendant Mark Aronson 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 26, 2002, which modified a judgment of the Civil Court of the City of New York, Richmond County, entered May 9, 2001.
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.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18103
M/nal
|
2004-05685
In the Matter of Mary Angee Sosa, respondent, v Reinaldo Aybar, appellant. (Docket No. V-20654-02)
| ORDER TO SHOW CAUSE |
Appeal by Reinaldo Aybar from an order of the Family Court, Kings County, dated March 23, 2004. By scheduling order dated September 9, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 9, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before November 24, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17999
M/nal
|
2004-01877, 2004-03015, 2004-03016, 2004-03017 In the Matter of Rakim W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Khalil W. (Anonymous). Dutchess County Department of Social Services, respondent; Suwauney W.-W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. NN-2601/03, NN-2602/03, NN-2603/03, NN-04342/03, NN-04343/03)
| SCHEDULING ORDER |
Appeals by Suwauney W.-W. from two orders of the Family Court, Dutchess County, dated January 30, 2004, and March 8, 2004, respectively, and two orders of the same court both dated January 27, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 4, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18117
CF/
|
2004-04703 In the Matter of Stephanie Nicole West, petitioner-respondent, v City of Newburgh respondent, Newburgh Enlarged City School District, et al., appellants. (Index No. 8209/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Orange County, dated April 6, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18113
CF/
|
2004-09042 In the Matter of Kyle Winter, appellant, v Pacifica Building, LLC, respondent. (Index No. 8712/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated September 13, 2004.
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 of the Court
Appellate Division: Second Judicial Department
M18115
M/nal
|
2004-09777 In the Matter of Yi Ting Shiau, respondent, v Hoi Pang Chan, appellant. (Docket No. F-835-04)
| SCHEDULING ORDER |
Appeal by Hoi Pang Chan from an order of the Family Court, Queens County, dated July 9, 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
M17658
K/sl
STEVEN W. FISHER, J.
|
2004-03326 The People, etc., respondent, v Jessica Allen, appellant. (Ind. No. 576/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of a judgment of the County Court, Suffolk County, rendered October 28, 2003, and to release the appellant on her own recognizance, or in the alternative, to fix reasonable bail.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
STEVEN W. FISHER
Associate Justice
Appellate Division: Second Judicial Department
M18155
R/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2001-10009 The People, etc., respondent, v Anthony M. Correnti, appellant. (Ind. No. 211/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered September 21, 2001.
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 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 December 30, 2004.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17340
F/
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03436 The People, etc., respondent, v Joseph P. Fermin, appellant. (Ind. No. 720/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 25, 2004, as a poor person, and to assign Verna W. Cobb as counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion to assign Verna W. Cobb as counsel is denied; and it is further,
ORDERED the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SMITH, J.P., KRAUSMAN, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M17224
F/
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03433 The People, etc., respondent, v Urban Fermin, appellant.
(Ind. No. 720/03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 18, 2004, as a poor person, and to assign Verna W. Cobb as counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion to assign Verna W. Cobb as counsel is denied; and it is further,
ORDERED that the motion is otherwise granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); 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 in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order and upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SMITH, J.P., KRAUSMAN, CRANE, and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
Please make inquiry to the State Inmate Locator
New York State Department of Correctional Services
Telephone: (518) 457-0043
Appellate Division: Second Judicial Department
M18066
R/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2002-10568 The People, etc., respondent, v David Martin, appellant. (Ind. No. 1563/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to be furnished with certain additional transcripts on an appeal from a judgment of the County Court, Westchester County, rendered October 15, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a supplemental brief is enlarged, and the appellant's supplemental brief shall be served and filed on or before January 18, 2005.
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18125
PL/sl
|
2002-00315
The People, etc., respondent, v Charles Miloro, appellant. (Ind. No. 1614/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Queens County, rendered December 20, 2001.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 22, 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
M18189
S/sl
|
2003-01907
The People, etc., respondent, v George E. Tissiera, appellant. (Index No. 41/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Dutchess County, rendered February 26, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 3, 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
M18129
PL/sl
|
2000-10257, 2001-02096 The People, etc., respondent, v Boris Walker, appellant. (Ind. Nos. 1276/99, 885/00)
| 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 judgments of the County Court, Suffolk County, both rendered October 16, 2000.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 17, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court