Appellate Division: Second Judicial Department
M32285
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A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
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2002-10044 Robert Augustine, plaintiff-respondent, v John N. Sugrue, appellant, George Eytzinger, et al., defendants-respondents. (Index No. 13376/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered August 29, 2002, which was determined by decision and order of this court dated May 12, 2003, inter alia, to stay the trial in the above-entitled action pending hearing and determination by the Supreme Court, Queens County, of his renewed motion for summary judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32262
M/nal
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
GABRIEL M. KRAUSMAN
JOSEPH COVELLO , JJ.
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2005-03550 Carol Carpenter-Siracusa, respondent, v Jack Siracusa, appellant. (Index No. 4284-98)
| SCHEDULING ORDER |
Appeal by Jack Siracusa from an order of the Supreme Court, Suffolk County, dated February 24, 2005. On the court's own motion, it is
ORDERED that its scheduling order dated October 14, 2005, in the above-entitled appeal is amended by deleting therefrom the words "November 7, 2005," and substituting therefor the words "November 18, 2005."
PRUDENTI, P.J., H. MILLER, KRAUSMAN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32283
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2005-05672
Alberta Colbert, et al., appellants, v Rank America, Inc., et al., respondents. (Index No. 11140/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 14, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 6, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32276
S/sl
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2005-04642
Carlos J. Colon, plaintiff, v Manhattan and Bronx Surface Transit Operating Authority et al., appellants, City of New York defendant third-party plaintiff-respondent, et al., defendant; Welsbach Electric Corp., third-party defendant- respondent. (Action No. 1) (Index No. 25062/02) Newton O. Branch, plaintiff, v New York City Transit Authority, defendant third-party plaintiff- appellant, Welsbach Electric Corp., defendant second-third party defendant-respondent, Ernesto Burgos, defendant-appellant; City of New York, third-party defendant/second-third party-plaintiff respondent. (Action No. 2)
(Index No. 13312/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered January 10, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 21, 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
M32275
S/sl
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2005-03985
Thomas M. Connors, appellant, v Maritza Flaherty, et al., respondents. (Index No. 18411/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 23, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 21, 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
M32312
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2004-08888 Joseph DePascale, et al., appellants, v Sulzer US Industries Holding, Inc., et al., respondents. (Index No. 48094/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated August 15, 2004.
Upon the stipulation of the parties, dated September 26, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32281
O/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-09786, 2005-09787 Michael Stewart Frankel, respondent, v Samuel Hirsch, appellant. (Index No. 27608/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from a judgment of the Supreme Court, Queens County, dated September 23, 2005, and a bill of costs of the same court dated October 11, 2005, to stay enforcement of the judgment pending hearing and determination of the appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the bill of costs is dismissed, without costs or disbursements, as no appeal lies from a bill of costs (see CPLR 5701); and it is further,
ORDERED that the motion is denied.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32219
M/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2005-02431
Lisa Freihofner, appellant, v Gregory Freihofner, respondent. (Index No. 5173/01)
| DECISION & ORDER ON MOTION |
Appeal by Lisa Freihofner from an order of the Supreme Court, Westchester County, dated February 9, 2005. By order to show cause dated October 11, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to comply with the scheduling order dated March 25, 2005, is enlarged until December 9, 2005.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32291
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ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-03159 Leonard Hatfield, et al., appellants, v Bridgedale, LLC, et al., respondents, et al., defendants. (Appeal No. 1) 2004-10706 Leonard Hatfield, et al., appellants, v Bridgedale, LLC, et al., defendants, Tower Building Restoration, Inc., respondent. (Appeal No. 2) (Index No. 22502/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from two orders of the Supreme Court, Queens County, dated February 16, 2004, and July 6, 2004, respectively, for leave to reargue a prior motion by the respondent Tower Building Restoration, Inc., to dismiss the appeal from the order dated July 6, 2004, which was granted by decision and order on motion of this court dated March 15, 2005, and, upon reargument, to deny the prior motion or direct a hearing on the issue of if or when the order dated July 6, 2004, with notice of entry, was served on the appellants' attorney. By decision and order on motion dated May 26, 2005, the branch of the motion which was for leave to reargue was granted, and, upon reargument, the matter was remitted to the Supreme Court, Queens County, to hear and report on the issue of if or when the order dated July 6, 2004, with notice of entry, was served on the appellants' attorney, and the motion was otherwise held in abeyance in the interim. The Supreme Court, Queens County, has filed its report.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Queens County, it is
ORDERED that so much of the decision and order on motion of this court dated March 15, 2005, as dismissed the appeal from the order dated July 6, 2004 (Appellate Division Docket No. 2004-10706), and struck material from the appendix and the appellant's brief is recalled and vacated; and it is further,
ORDERED that the branch of the prior motion of the respondent Tower Building Restoration, Inc., which was to dismiss the appeal from the order dated July 6, 2004, is denied; and it is further,
ORDERED that the time of Tower Building Restoration, Inc., to serve and file a brief on the appeal from the order dated July 6, 2004, is enlarged until December 12, 2005; the appellants shall serve and file a reply brief on that appeal on or before December 27, 2005.
FLORIO, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32301
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BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
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2005-09729, 2005-09730 Hyde Park Fine Art of Moldings, Inc., plaintiff-respondent, v Vivian Castro, et al., defendants, Citibank, N.A., defendant third-party plaintiff-appellant; Eisenberg Accounting Services, CPA, PC, third-party defendant-respondent.
(Index No. 12510/98)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from of two orders of the Supreme Court, Queens County, both dated September 14, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32280
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-03688 Internet Server Connections, Inc., appellant- respondent, v Rockstar Games, NYC, et al., respondents-appellants. (Index No. 1774/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to dismiss the cross appeal from an order of the Supreme Court, Westchester County, dated March 21, 2005, on the ground that the respondents-appellants did not pay their share of the joint record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic, as the respondents-appellants have paid their share of the joint record.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32348
S/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-10274 Lirije Juseinoski, et al., plaintiffs, v New York Hospital Medical Center of Queens, etc., et al., defendants third-party plaintiffs-appellants; Office of Chief Medical Examiner of City of New York, et al., third-party defendants- respondents.
(Index No. 028516/98)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 27, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 12, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 12, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32319
S/sl
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2005-03588
Susan Katz, appellant, v Paul Katz, respondent. (Index No. 202154/04)
| 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, Nassau County, dated March 17, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 1, 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
M32294
O/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
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2005-00271, 2005-00273 Edward Kelley, a/k/a Adarsi Das, et al., appellants, v Aruna Garuda, a/k/a Aruna Devi Das, et al., respondents. (Index No. 7016/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Nassau County, both entered October 28, 2004, inter alia, to direct the appellants to serve and file a supplemental appendix containing the testimony of certain parties, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until December 12, 2005, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32279
S/sl
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2005-04483
Fred Loayza, etc., respondent, v New York City Health & Hospitals Corp., appellant. (Index No. 17897/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2006, 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
M32314
L/
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2005-04491
William Lucadamo, respondent, v Bridge to Life, Inc., appellant. (Index No. 21750/02)
| 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 March 23, 2005.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32286
S/sl
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2005-03016
Carmel Murphy, etc., appellant, v Stevee Carnesi, et al., respondents. (Index No. 12914/01)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Richmond County, dated February 14, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 28, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32358
E/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-03986 Iris Pinnock, respondent, v Chester Sackett, etc., et al., appellants. (Index No. 27845/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 29, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32324
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BARRY A. COZIER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
MARK C. DILLON, JJ.
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2005-00709 Clareena Ramdin-Macchia, appellant, v Progressive Insurance Company, respondent. (Index No. 28946/03)
| DECISION & ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant for leave to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 8, 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 deemed withdrawn, without costs or disbursements.
COZIER, J.P., GOLDSTEIN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32284
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2005-04630
Irma Roman, respondent-appellant, v I. Gold Corp., d/b/a I. Gold & Sons, et al., appellants- respondents, Brooklyn Navy Yard Development Corporation, et al., defendants-respondents. (Index No. 30531/00)
| ORDER ON APPLICATION |
Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 4, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until January 9, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32274
S/sl
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2005-03601
Michael Santo, appellant, v City of New York, defendant, New York City Transit Authority, respondent. (Index No. 26397/02)
| 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 an order of the Supreme Court, Kings County, dated February 10, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 21, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32293
S/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2004-08580 Salim Sheikh, appellant, v Amina Mariam Basheer, respondent. (Index No. 25884/04)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 3, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 28, 2004, on the ground that it is not appealable as of right and leave to appeal has not been granted (see CPLR 5701), or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is remitted to the Supreme Court, Queens County, to report on the issue of whether the order dated September 28, 2004, was issued sua sponte, or whether the court reviewed the defendant's order to show cause and the plaintiff's opposition thereto in rendering its decision, and the motion is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32297
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BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2005-09925 Richard Sinrod, plaintiff, v Judith Ellen Stone, defendant. (Index No. 15854/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff to enlarge his time to take an appeal from an order of the Supreme Court, Nassau County, entered April 18, 2005
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary, as the notice of appeal was timely filed.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32317
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2005-02161 Gitel Storch, et al., appellants, v Rita Avenue Corp., et al., defendants, Adar Improvements Co., Inc., respondent. (Index No. 24009/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 7, 2005.
Upon the stipulation of the parties, dated June 28, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32304
S/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-05047, 2005-05048, 2005-05049 Marc Waldman, etc., respondent, v Shereen Bobrowsky, etc., appellant. (Index No. 26503/94)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from three orders of the Supreme Court, Kings County, two dated February 24, 2005, and one dated April 14, 2005, respectively, to stay enforcement of a judgment of the same court entered June 18, 2004, pending hearing and determination of the appeals, and for leave to prosecute the appeals as a poor person.
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 perfect the appeals is enlarged until January 10, 2006, and the record or appendix on the appeals and the appellant's brief shall be served and filed on or before that date.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32311
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STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2004-07940 Stephanie Warren, appellant, v Valerie Barney, et al., respondents. (Index No. 16976/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 12, 2004.
Upon the stipulation of the attorneys for the respective parties, dated November 7, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32337
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THOMAS A. ADAMS, J.P.
SONDRA MILLER
DAVID S. RITTER
REINALDO E. RIVERA, JJ.
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2004-08917
In the Matter of Andmil Properties, Inc. Frank A. Bradick, appellant; Andrew A. Bradick, et al., respondents.
(Index No. 20741/01)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 15, 2004.
Upon the stipulation of the attorneys for the respective parties, dated November 9, 2005, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ADAMS, J.P., S. MILLER, RITTER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32305
O/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2005-03543 In the Matter of Sophia B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Joanne B. (Anonymous), appellant; et al., respondent. (Docket No. N-3344-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated September 1, 2005, which dismissed an appeal from an order of the Family Court, Orange County, dated March 23, 2005, to reinstate the appeal, for assignment of new counsel to represent the appellant on the appeal, and for leave to prosecute the appeal as a poor person.
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 recall and vacate the decision and order on motion of this court dated September 1, 2005, is granted, the decision and order on motion of this court is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that 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 November 28, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief including an explanation as to the amount and disposition of the retroactive Supplemental Security Income check she received.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32320
S/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2005-09806, 2005-09807, 2005-09808 In the Matter of John Ralph C. (Anonymous). Lakeside Family & Children's Services, petitioner- respondent; Jean Nora C. (Anonymous), appellant. (Proceeding No. 1) (Docket No. B-6950-04) In the Matter of Nicholas Joseph Connor C. (Anonymous). Lakeside Family & Children's Services, petitioner- respondent; Jean Nora C. (Anonymous), appellant. (Proceeding No. 2) (Docket No. B6951/04) In the Matter of Kirsten Alexis C. (Anonymous). Lakeside Family & Children's Services, petitioner- respondent; Jean Nora C. (Anonymous), appellant. (Proceeding No. 3) (Docket No. B-6952-04)
| DECISION & ORDER ON MOTION |
Appeals by Jean Nora C. from three orders of the Family Court, Queens County, all dated August 8, 2005.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as no appeal lies from orders entered upon the default of the appealing party (see CPLR 5511).
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M31407
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In the Matter of the Dismissal of Causes for Failure to Perfect - Di October 2005 Calendar
| DECISION & ORDER ON MOTION smissal for Failure to timely Perfect |
The appellants or petitioners in the following named causes have failed to perfect their respective appeals or proceedings within the time limitations specified in subdivision (e) of section 670.8 of the rules of this court (22 NYCRR 670.8[e]). The titles of the matters appeared on a dismissal calendar published in the New York Law Journal, and the appellants or petitioners failed to make applications to enlarge the time to perfect within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h) it is,
ORDERED that the following named causes are dismissed:
Docket No. Title
2004-01390 Lodes v Mendez-Lodes
2004-06911Palanca v Elder
2004-07344Agins v Galindo General Construction Corp.
2004-07658 Marshel v Farley
2004-08010Mertens v Long Island Jewish Hospital
2004-08836Mountains Realty Corporation v Gelbelman
2004-09143New York Medical College v Our Lady of Mercy Medical Center
2004-09289Garcia v Matheis
2004-09352Matter of Tax Foreclosure of 2000 and Prior Liens by Proceeding in Rem
2004-09423Wells Fargo Bank Minnesota v House
2004-09441Eliopoulos v CNA
2004-09668Matter of Beautiful Acres, Inc. v Planning Board of Village of Hillbur
2004-09694Sikorski v Electric Battery Corp.
2004-09781Semkus v Village of North Haven
2004-09990Baumoel v Baumoel
2004-10119Compass v County of Nassau
2004-10358Coyle v Coyle
2004-10457Harmonay v Harmonay
2004-10581Sylvester v New Water Street Corp.
2004-10610Koestereich v Turner-Banks
2004-10755Castrillon v Akhtar
2004-10916Fatone v Toys "R" Us - Value Inc., s/h/a Toys "R" Us, Inc., d/b/a Ba
2004-10942Matter of Smith v Goord
2004-10945Jean v Jean
2004-11094Commissioners of the State Insurance Fund v Restoration Management Se
2004-11096Commissioners of the State Insurance Fund v Restoration Management Se
2004-11125Gutierrez v 770 Broadway Company LLC
2005-00017Taylor v Incorporated Village of Hempstead
2005-00042Ciminello v Ciminello
2005-00062Wells Fargo Bank, Minnesota NA v Donnelly
2005-00066Sanders v Sanders
2005-00135Fasanella v Levy
2005-00178Utica First Insurance Company v CDA Group, Ltd.
2005-00297Nayyar v Collins Brothers Industries, Inc.
2005-00329District Attorney of Richmond County v Fileccia
2005-00335Alvarado v Bogie Realty Ltd.
2005-00341Mose v Snow Top Construction, Inc.
2005-00349Matter of Stoudemire v Dennison
2005-00365Levine v Levine
2005-00406Burke v Novack
2005-00455Tarleton v Houlihan/Lawrence, Inc.
2005-00492Guaman v Industry City Management
2005-00493Matter of Woods v Phillips
2005-00568Matter of Parenzen v Parenzen
2005-00753Douglas v Douglas
2005-00796Eladawy v W.F. Associates, Inc.
2005-00819Cardinal v Cardinal
2005-00870Picasso v Picasso
2005-00872Matter of L., Angela (Anonymous); Mental Hygiene Legal Service
2005-00874Matter of K., Joshua; Dutchess County
2005-00912Touray v Wing
2005-00963Gill v Wing
2005-00966Metz v Wing
2005-00978DeNardis v Walsh
2005-01004Lowe v Carlington Corp.
2005-01017Abbas v New York City Health & Hospitals Corp.
2005-01018Abbas v New York City Health & Hospitals Corp.
2005-01042Montalvo v Stonewall Contracting Corporation
2005-01046Baron v Kings Plaza Shopping Center
2005-01058Sisu v Metroploitan Dental Associates
2005-01110Matter of Glinka v Town of Poughkeepsie
2005-01189Spatola v 415 Greenwich GC, LLC
2005-01203Lombardi v Klein
2005-01204Friends of Avalon Preparatory School, Inc. v Ehrenfeld
2005-01205Matter of Talt v Murphy
2005-01209Bosco v Putre
2005-01232Sepulveda v Alan S. Ripka, P.C.
2005-01236Mitchko v Mitchko
2005-01238Stein v Aliperti Brothers Painting Contractors Corp.
2005-01242Mason v Mason
2005-01318Matter of Republic Western Insurance Company v State Farm Insurance Co
2005-01326Cohen v City of New York
2005-01333Mann v New York City Housing Authority
2005-01340Santiago v LSS Leasing Limited Liability Company
2005-01359Mahodil v Pyramid Management Group, Inc.
2005-01382Kensington Capital Corp. v Gibson, Dunn & Crutcher LLP
2005-01385Goris v City of New York
2005-01390Carulli v Chen Ling Yau
2005-01392Viera v Mora
2005-01395Aguilar v Henry Marine Service, Inc.
2005-01400Taylor v Zeni
2005-01403Goldstein v City of New York
2005-01407Matter of Levine v Shriber
2005-01416Matter of Atlantic Indemnity Insurance Company v Robles-Lewis
2005-01419Matter of Hunt v New York State Department of Correctional Services
2005-01470Makris v Westchester County
2005-01482Matter of LaManna v DeVito
2005-01489Matter of Estate of Fotiades, Deceased; Moskoff
2005-01495Island Radiology Management, Inc. v Desena
2005-01501Matter of Eagle Insurance Company, a/s/o Abdelatif v Country Wide Insu
2005-01515Chiara v Waldbaum, Inc.
2005-01516Plitt Ford-Mercury, Inc. v Schwenk
2005-01521Fields v King Kullen Grocery Co., Inc.
2005-01533Woods v Woods
2005-01554Matter of Von Bassion; Allan D. Selvy
2005-01557Matter of Gaspare Faraci; Raft, Maryann; Faraci, Francesca
2005-01559Rubino v Rubino
2005-01561December v December
2005-01565Gonzalez v Banzer
2005-01572Shickler v Cary
2005-01574Gruber v Nassau Health Care Corporation
2005-01577Cajetan Uchendu v Newsday
2005-01578Cajetan Uchendu v Newsday
2005-01581Stridiron v FC Foley Square Associates, LLC
2005-01582Matter of Rozen, Marek; Joseph Kronik
2005-01585Goldfarb v Goldfarb
2005-01588Singleton v Marksfield
2005-01589Matyas v Shaklee Corporation
2005-01591Colon v City of New York
2005-01592Rallye Motors, LLC v Recovery Racing, LLC, d/b/a Mercedes-Benz of Mas
2005-01593Cinqumani v County of Nassau
2005-01596Arrow Transport Systems, Inc. v FleetBoston Financial Corporation
2005-01613Ferraro v Phillips
2005-01619Ratner v Robinson
2005-01620Weksler Glass Thermometer Corp. v Roseman & Roseman a/k/a Roseman & Ro
2005-01624Kalda v Kalda
2005-01625Kalda v Kalda
2005-01629Valentino v Infinity Bathware, Inc.
2005-01646Klein v Klein
2005-01651Lodovico v Lodovico
2005-01663Begum v New York City Health & Hospitals Corp.
2005-01666Mohamed v Woo
2005-01687Saretta v New York City Housing Authority
2005-01689Billitteri v Parlato
2005-01694Torres v Wing
2005-01695Maldonado v Lucia
2005-01757Salmaggi, f/k/a Evans v Evans
2005-01760Agostinacchio v DeStefano
2005-01761Lambaise v Cahill
2005-01762Gralto v Friendly Ice Cream Corporation
2005-01775Sarva v Chakravorty
2005-01777Dorico Properties, LLC v Mazzuckis
2005-01780Villavivencio-Perez v Happy Pawz, Inc.
2005-01781Killian v Goodrich
2005-01785Reyes v Forest Hills Community House, Inc.
2005-01791Amato v Port Authority of New York & New Jersey
2005-01793Bowen v Yakubov
2005-01794Bechor v Arrow Auto School, Inc.
2005-01798D'Amore v Amaya
2005-01802McNally v Catholic Medical Center of Brooklyn & Queens, Inc. d/b/a St.
2005-01803Moorer v Ervin
2005-01805Bliziotis v Graziano
2005-01812Sicurelli v Sicurelli
2005-01814Spivack v Spivack
2005-01815Baumoel v Baumoel
2005-01817"Doe" v Karpf
2005-01818Glick, n/k/a Sheft v Glick
2005-01819Matter of Travelers Insurance Company v Singh
2005-01822Barney v Barney
2005-01837Matter of Chamberlain v Board of Zoning Appeals of the Incorporated Vi
2005-01838Matter of Chamberlain v Planning Board of Incorporated Village of Nort
2005-01839Somma v Middle Island Associates 98, L.L.C.
2005-01840Erect A Tube v Tyree Organization, Ltd.
2005-01841Mohring v Kimco Realty Corp.
2005-01857Matter of Aveonis Management, Inc. v Kranker
2005-01863McFarlane v J.S. Property Management
2005-01868Matter of Manzi Homes, Inc v Town of Riverhead
2005-01870Matter of Manzi Homes, Inc. v Town of Riverhead
2005-01874Grant v 222 Realty LLC
2005-01890Hernandez v St. Mary's Hospital
2005-01891Nesse v Nesse
2005-01898Hopwood v Allstate Insurance Company
2005-01902Huntingdon Life Sciences, Inc. v Stop Huntingdon Animal Cruelty
2005-01903McClinton Construction Corp. v Stephens
2005-01906D'Ambrogio v Alliance Designer Tree Service
2005-01907Matter of B.J. Organization of New York, Inc. v Division of Housing &
2005-01909Quinones v Caccamo
2005-01910Federated Department Stores, Inc. v Continential Casualty Company
2005-01916Matter of Ali v Scheyer
2005-01918McGuire v McGuire
2005-01923Donaghy v Rodriguez-Donaghy
2005-01925Matter of Estate of Fotiades, Deceased; Fotiades
2005-01926Welp v Costello
2005-01928Wolf v Wolf
2005-01929Mennella v State of New York
2005-01931Mennella v State of New York
2005-01934Cherkassky v State of New York
2005-01935Cherkassky v State of New York
2005-01938Cham v St. Mary's Hospital of Brooklyn
2005-01949Matter of S.P. Lenox Realty LLC/Shelddrake Management v City of New Yo
2005-01955Bunyan v County of Rockland
2005-01957Matter of Corriolan v Phillips
2005-01963People of State of New York, by Eliot Spitzer v Suter
2005-01999Shadoian v Catholic Medical Center of Brooklyn & Queens, Inc.
2005-02003Matter of Country Wide Insurance Company v Sehgal
2005-02006Perry v Feinrose Associates
2005-02011Wells Fargo Bank Minnesota v House
2005-02027Matter of Barbara Ann Miller Mack, Deceased; Childs, Charles; Theodore
2005-02028Rosenberg v Putney Student Travel, Inc.
2005-02029Delgado v Delgado
2005-02030Wells Fargo Bank, Minnesota NA v Donnelly
2005-02032Town Board Town of Riverhead v Swezey-Riverhead Holdings, LLC
2005-02035Cajowski v Bromberg
2005-02050Matter of Calabritto v Dillon
2005-02052Mallow v Carole
2005-02066Merchantini v Estate of Louis F. Mascaro
2005-02068Quincy Mutual Fire Insurance Company v Dryoff
2005-02076Hudson Valley Oil Heat Council, Inc. v Town of Warwick
2005-02087US Trust Company of New York Corp. v Powell
2005-02095Iderman v Nadraus
2005-02105Riley v McGilvary
2005-02120Reliance Insurance Company of New York v Information Display Technolog
2005-02131Garcia v Piazza
2005-02143Dixon v Morris
2005-02144Aurigemma v Gluck
2005-02150Salmeri v Beth Israel Medical Center-Kings Highway Division
2005-02152Callegari v Haque
2005-02156Wlodarczyk v City of New York
2005-02157Matter of GMAC Insurance Company v Forte
2005-02176Donaldson v New York City Housing Authority
2005-02181A.F.C. Enterprises, Inc. v New York City School Construction Authority
2005-02183Campanella v Mattone Group Jamaica Co., L.L.C.
2005-02186McKend v McKend
2005-02194Stephens v City of New York
2005-02195Jin De Li New York, Inc. v Chen
2005-02209Dumas v Fiorito
2005-02213Matter of Stackhouse v Planning Board of the Town of Cortlandt
2005-02215Caprioni v YWCA of White Plains
2005-02216DePalma v Xhumallari
2005-02220Matter of United Towing & Recovery, Inc. v City of Rye
2005-02221Anglin v YWCA of White Plains & Central Westchester
2005-02223Matter of Krupp v Town of North Salem Board of Appeals
2005-02228Evangelos Car Wash Inc. v Utica First Insurance Company
2005-02229Smith v MJG Deli Corp.
2005-02244Morillo v State of New York
2005-02250Fields v King Kullen Grocery Co., Inc.
2005-02260Sargent v Klein & Eversoll, Inc.
2005-02279Benitez v R&C Builders Corp.
2005-02282Newsam v Novitt & Sahr, Esqs.
2005-02285Landau v HSBC Mortgage Corporation, f/k/a Marine Midland Mortgage Corp
2005-02287anwar v 302 1st Street Corp.
2005-02290Rivera v Yeshiva & Kollel Harbotzas Torah
2005-02294Joseph v City of New York
2005-02295Lunetta v Cordova
2005-02299Yesipovich v Manhattan Beach Jewish Center
2005-02301Krmoyan v Orenstein
2005-02302Holland v City of New York
2005-02305Isquierdo v City of New York
2005-02306An v Brown
2005-02316Shamayeva v G. Fazio Construction Co., Inc.
2005-02318Biegel v Gangemi
2005-02319Sloan v European Granite & Marble Corp.
2005-02320Donovan v West Indian American Day Carnival Association, Inc.
2005-02324Colon v City of New York
2005-02329Rivera v YMCA of Greater New York
2005-02335Downey v Downey
2005-02349Rooftree Management Corp. v Chelsea 23rd Street Realty, LLC
2005-02358Gratton v Safedecisions, LLC, d/b/a Dormsafe
2005-02397Speranzo v Kandel Associates
2005-02398Santerre v Wal-Mart Stores, Inc.
2005-02401Matter of Grossi v Dicola; Advanced Transit Bus Company; 745 Whittier
2005-02402Matter of Gilman; Estate of Felicia Cooper
2005-02414Matter of Reese v New York State Department of Correctional Services
2005-02422Nolan v Nolan
2005-02424Fileccia v Church of the Sacred Heart
2005-02429Wolf v Wolf
2005-02430Matter of Surace v County of Westchester
2005-02439Lavarello v Virgintino
2005-02440Lavarello v Virgintino
2005-02446Matter of Mazur v Drobenko
2005-02447Gi Yong Lee v Shu Tai Tan
2005-02450Orbe v Rock - McGraw, Inc.
2005-02451Singh v Downs
2005-02463Nextel of New York, Inc. v 87-10 51st Avenue Owners Corp.
2005-02486Somwaru v Singh
2005-02487Babadzhanova v Allstate Insurance Company d/b/a Allstate Indemnity Com
2005-02493Lee v State Farm Fire & Casualty Co.
2005-02496Pasahow v Jaffee
2005-02497Pasahow v Jaffee
2005-02503Williams v City of New York
2005-02506Fielitz v Caldor, Inc.
2005-02510D'Agostaro v Harrington
2005-02515RB Hempstead LLC v Incorporated Village of Hempstead
2005-02522Matter of Rozen, Marek; Joseph Kronik
2005-02531Matter of OHR Menachem of Great Neck, Inc. v Board of Assessors of Nas
2005-02533Matter of Engel v Panzarella
2005-02534Martinez v Incorporated Village of Floral Park
2005-02541Domino v Diplomat Owners Corp.
2005-02553Radzimowski v Espinal
2005-02555Matter of Macchiarolo v Wakefern Food Corp., d/b/a Shop Rite Supermark
2005-02556Matter of Pirog v Cockburn
2005-02561Mullen v Zweig
2005-02572Agostinaccio v DeStefano
2005-02587People ex rel. Delloiacono v Reilly
2005-02637United Factoring, LLC v JP Morgan Chase Bank
2005-02638Villada v Best Choice Trading Corp.
2005-02639Atkinson v Knight
2005-02641Capizzo v St. James Cathedral
2005-02645Ferdinand v Diobenton
2005-02651Mitchell v Wing
2005-02653Murphy v Wing
2005-02656Johnson v Wing
2005-02659Matter of Marfra Management Corporation v City of New York
2005-02664Raus v Wing
2005-02669Connelly v Connelly
2005-02671Bashford v Berkshire Life Insurance Company of America
2005-02672Makris v Westchester County
2005-02673Matta v Matta
2005-02675Skolnik v Metro-North Commuter Railroad
2005-02676Rivera v City of New York
2005-02678Nath v Olympia Trails Bus Company
2005-02682Michaelson v Julia B. Fee, Inc.
2005-02689Karlya v Patchogue-Medford Union Free School District #24
2005-02697Nisbeth v Supermarkets General Corp.
2005-02702Musachio v Musachio
2005-02703Dom Kulturi, Inc. v Skya
2005-02712Matter of International Transport Solutions, Inc. v Coleman
2005-02713JCM Capital Corp. v Steriltx (U.S.A.), Inc.
2005-02723LaScala v New York City Transit Authority
2005-02725Ortiz v Wing
2005-02727Lovell v Wing
2005-02768Davis v Wing
2005-02771Hodges v Pathmark Stores, Inc.
2005-02772Bailey v CNY Ltd.
2005-02798Matter of Robinson v Allen
2005-02811Chapman/Leonard Studio Equipment, Inc. v Eyes of Mohr, Ltd.
2005-02819Matter of Will of Schelberg, Edwin J., a/k/a Schelberg, John
2005-02820Matter of Adbur-Raheem v Goord
2005-02822D'Aniello v T.E.H. Slopes, Inc. d/b/a Outback Saloon
2005-02826Wynter v Blanc
2005-02836Abbas v New York City Health & Hospitals Corp.
2005-02839Herman v Haro
2005-02840Murray v Torczyner
2005-02842Kearney v Noy
2005-02843Lichtenstein v Congregation Bais Yisroel
2005-02844Lichtenstein v Congregation Bais Yisroel
2005-02845Matter of Bruno Frustaci Contracting, Inc. v Georgie Enterprises LLC
2005-02849Yates v Roco Co., Inc.
2005-02850Iannucci v Rose
2005-02852Simpson v Simpson
2005-02856Napolitano v Agnello
2005-02858Wilhem v Palmeri
2005-02862Jardetskaya v Millbrook Apartments Company
2005-02866Hall v Manger
2005-02867Matter of Government Employees Insurance Company v McGee
2005-02874Wilson v Incorporated Village of Hempstead
2005-02875Cohen v Alberti
2005-02880State Farm Fire & Casualty Co. v Herrick
2005-02881State Farm Mutual Automobile Insurance Company v Miranda
2005-02882Caf Realty, LLC v Strategics Advertising Inc.
2005-02885Wagner v Town of Hempstead
2005-02886Williams v A-Z Security Co.
2005-02887Martino v Maximin
2005-02891Bell v City of New York
2005-02897Port Authority of New York & New Jersey
2005-02900Diorio v Port Authority of New York & New Jersey
2005-02926Luke v Carboni
2005-02941Tomitz v Carillo
2005-02942Rankin v Levine
2005-02954Gangi v Gangi
2005-02959Matter of Ferraro v Gordon
2005-02960Basile v Basile, a/k/a Wiggs
2005-02962Johnnies Pelham Road Service, Inc. v Thomas
2005-02964Matter of Edwards v Goord
2005-02970Augustin v Porter
2005-02977Pagello v Pagello
2005-02980Donaghy v Rodriguez-Donaghy
2005-03012Antonucci v Karlin
2005-03017Mazzone v Brothers
2005-03025Ramos v Motor Vehicle Accident Indemnification Corporation
2005-03027Matter of Corbett, Dean; Pete Korelich, Deceased
2005-03032Mara v Stillman
2005-03035Nick-Levi v Smith
2005-03036Sarro v City of New York
2005-03041McLean v Koppelman
2005-03042Gun Se Lee v Domino's Pizza, LLC
2005-03064DeGliuomini v DeGliuomini
2005-03067Washington Mutual Bank v Kaplan
2005-03068Hodge v Trataros Construction, Inc.
2005-03076Polanco v DiBenedetto
2005-03077Matter of City of New York; West Bushwick Urban Renewal Area Phase 2
2005-03080Matter of Eagle Insurance Company v Azer
2005-03083Calderon v Doucet
2005-03086Asinobe v Strang
2005-03089Asinobe v Strang
2005-03091Rossignolo v Rogovaya
2005-03095Abdul-Malik v New York City Transit Authority
2005-03096Brancale v Hammond
2005-03098Carroll v International Semantics, Inc.
2005-03099Carter v Hopfel
2005-03102Garabedian v Merhi
2005-03106Mahmood v 450 Westside Partners, LLC
2005-03108Gardocki v 300 Owners Corp.
2005-03110Matter of Buck v Johnson
2005-03112Matter of Ahmad v New York State Department of Health
2005-03113Auguste v Big Iron Transport, Inc.
2005-03115Matter of Graf v Town Board of the Town of Islip
2005-03117Kent v Velocity Tan, Inc.
2005-03119Griffiths v Scheerer
2005-03120Okin v Sears
2005-03123Neuman v Neuman
2005-03126Malone v New York State Public High School Athletic Association, Inc.
2005-03130DiBenedetto v Directv, Inc.
2005-03134Nationwide Insurance Co., a/s/o Levy v Rocklyn Fuel Oil Corp.
2005-03139Matter of Toporovsky v Zoning Board of Appeals of the City of Long Bea
2005-03143New York & Presbyterian Hospital, a/a/o Irizarry v Nationwide Mutual I
2005-03149Stern v Cardinal Health, Inc.
2005-03150Sydney v State of New York
2005-03152Williams v State of New York
2005-03153Green v City of New York
2005-03155Goldinger v Goldinger
2005-03167Gendy v Lima
2005-03169Matter of 60 Hamilton Avenue LLC/Metropolitan Properties Services v Ci
2005-03173Garston v Gambles
2005-03176State Bank of Long Island v Carlough Road Properties, Inc.
2005-03179Allstate Insurance Company v DeFellipis
2005-03187Matter of Holmes v Town Board of the Town of Islip
2005-03194Roberts v Roberts
2005-03197Rasanen v Mill Rental Corp.
2005-03212Napolitani v Sohmer
2005-03230Fagan v Benson
2005-03232Samide v Roman Catholic Diocese of Brooklyn
2005-03234Cusumano v Campolo
2005-03241Kandel v Alpha Beta Delta Associates, LP
2005-03243Ya Dong Zhu v DL&C Development Co, Inc.
2005-03249Miller v Waldbaum's, Inc.
2005-03303Mora v City of New York
2005-03341Berger v Osazuwa
2005-03348Olszewski v Zamparelli
2005-03361Agosta v Zimmer Transport, Inc.
2005-03457DaSilva v Citnalta Construction Corp.
2005-03461Akler v Chisena
2005-03511Staehs v Aaron Diamond Aids Research Center
2005-03525Caputo v Caputo
2005-03527Serafino v SPS Associates
2005-03555Sweeney v Heathcote Medical Associates, P.C.
2005-03676Welp v Costello
2005-03769Matter of Hodor o/b/o William E. Foley
2005-04138Matter of Guerrieri, Michael; Suffolk County District Attorney
2005-04410Matter of Rhine v Lapides; Estate of Rachel Tarlow
2005-04443Matter of Soto v New York State Department of Correctional Services
2005-04951Connors v United State Life Insurance Company
2005-05026Stewart Title Insurance Company v Trilliam Corp.
2005-05030Stewart Title Insurance Company v Trilliam Corp.
2005-07617Turturro v Squatrito
2005-07985DePalma v Xhumallari
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32309
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-08935 In the Matter of Alexander Jennings, respondent, v Jean Leon, etc., appellant. (Index No. 21323/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - June 2005 Calendar", dated July 5, 2005, as dismissed an appeal from an order of the Supreme Court, Kings County, dated August 5, 2004, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that so much of the decision and order on motion of this court dated July 5, 2005, as dismissed the instant appeal, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 13, 2006, and the record on 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.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32217
M/nal
|
2005-00199 In the Matter of Jearmy Kennedy, appellant, v Jessica Kraft Kennedy, respondent. (Docket No. V-11041-03)
| SCHEDULING ORDER |
Appeal by Jearmy Kennedy from an order of the Family Court, Suffolk County, dated November 4, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 3, 2005. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32224
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-08749
In the Matter of Gabrielle M. (Anonymous), appellant. (Docket No. E-32325-04)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated August 1, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the Law Guardian, Michael S. Somma, Jr., Esq., 32 Court Street, Suite 507, Brooklyn, New York 11201, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the appellant:
Richard Herzfeld, Esq.
555 Fifth Avenue - 14th Floor
New York, New York 10017
(212) 986-5316
and it is further,
ORDERED that pursuant to Family Court Act § 1120 the appellant's status as a poor person is continued.
COZIER, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32290
E/sl
ROBERT W. SCHMIDT, J.P.
STEPHEN G. CRANE
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2003-11316 In the Matter of Howard Norton, respondent, v Town of Islip, et al., appellants. (Index No. 19018/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Suffolk County, dated December 15, 2003, which was determined by decision and order of this court dated April 11, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SCHMIDT, J.P., CRANE, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32282
R/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-03057, 2005-03058 In the Matter of Robert Ollivierra, appellant, v Susan Fateh, respondent. (Docket No. V-16147/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to defend appeals from two orders of the Family Court, Kings County, dated March 3, 2005, inter alia, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32296
S/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-09805 In the Matter of Daisy Rodriguez, appellant, v Mark Guerra, respondent. (Docket No. V-10165-01)
| DECISION & ORDER ON MOTION |
Appeal by Daisy Rodriguez from an order of the Family Court, Queens County, dated September 13, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32313
E/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2004-04757 In the Matter of Timothy Shockome, respondent, v Yevgenia Shockome, appellant. (Proceeding No. 1) In the Matter of Yevgenia Shockome, appellant, v Timothy Shockome, respondent. (Proceeding No. 2) (Docket Nos. V-05156-02, V-5157-02, V-5620-02, V-5621-02, O-5362-02)
| DECISION & ORDER ON MOTION |
Appeal by Yevgenia Shockome from an order of the Family Court, Dutchess County, dated May 10, 2004. By order to show cause dated October 11, 2005, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the above-captioned appeal on the ground that it has been rendered academic by an order of the same court dated August 24, 2005.
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32295
S/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2005-10029, 2005-10030 In the Matter of Nalini Singh, respondent, v Keith Hughes, appellant. (Docket Nos. F-510-03, F-511-03)
| DECISION & ORDER ON MOTION |
Appeals by Keith Hughes from two orders of the Family Court, Rockland County, dated July 8, 2003, and July 9, 2003, respectively.
Now, upon the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as no appeal lies from orders entered upon the default of the appealing party (see CPLR 5511).
COZIER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32216
M/nal
|
2005-04697 In the Matter of Loretta M. Slaughter, respondent, v Curtis McCoy, appellant. (Docket No. F-15674-04)
| SCHEDULING ORDER |
Appeal by Curtis McCoy from an order of the Family Court, Suffolk County, dated April 21, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32287
O/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2005-08740 In the Matter of Franklin Solis, respondent, v Department of Education of the City of New York, et al., appellants. (Index No. 3249/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 15, 2005, on the ground that the appeal was not timely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32289
S/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2005-09689 In the Matter of T. (Anonymous), Children. St. Vincent Services, Inc., petitioner-respondent; Telemaque T. (Anonymous), et al., appellants. (Docket Nos. B-26285-02, B-26286-02, B-26287-02, B-26288-02, B-26289-02, B-11037-03)
| DECISION & ORDER ON MOTION |
Appeal by Evelyne Avril T. R. from a decision of the Family Court, Kings County, dated May 12, 2005.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the decision is not appealable as of right (see Family Ct Act § 1112), and we decline to grant leave to appeal.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32222
M/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2005-08185
In the Matter of Douglas A. Thomas, appellant, v Joanne M. Lombardo, respondent. (Docket No. F-6866-04)
| DECISION & ORDER ON MOTION |
Appeal by Douglas A. Thomas from an order of the Family Court, Nassau County, dated August 3, 2005. By order to show cause dated October 18, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated September 14, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 30, 2005.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32277
R/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-09970 In the Matter of Corey U. (Anonymous). Randi U. (Anonymous), appellant; Robert U. (Anonymous), et al., respondents. (Index No. 16499/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Westchester County, entered October 19, 2005, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32221
S/sl
|
2005-07632
In the Matter of Maggy Villard, respondent, v Marcel Maruis Benoit, appellant. (Docket No. F-01661-03)
| ORDER ON APPLICATION withdraw appeal on stipulation |
Appeal from an order of the Family Court, Kings County, dated June 27, 2005.
Upon the stipulation of the attorneys for the respective parties, dated on or about November 4, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32223
M/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2005-07553
In the Matter of Corey W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kaila W. (Anonymous). Suffolk County Department of Social Services, respondent; John S. W. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-22042-04, N-22043-04)
| DECISION & ORDER ON MOTION |
Appeal by John S. W. from an order of the Family Court, Suffolk County, dated June 24, 2005. By order to show cause dated October 3, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated August 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to comply with the scheduling order dated August 15, 2005, is enlarged until November 30, 2005.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32240
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-07587 The People, etc., respondent, v Kwame Bates, appellant. (Ind. No. 5942/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered July 21, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32242
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-07866 The People, etc., respondent, v Larry Cheshire, appellant. (Ind. No. 3839/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered August 9, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32288
S/sl
REINALDO E. RIVERA, J.
|
2005-10423 The People, etc., plaintiff, v Gregory Clarke, defendant. (Ind. No. 993/03)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 530.45 to be released on his own recognizance, or in the alternative, to fix bail after his conviction in the Supreme Court, Queens County, on October 3, 2005, of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (three counts), criminal possession of a forged instrument in the second degree, and unlawful wearing of a body vest. The trial court remanded the defendant pending the imposition of sentence.
Upon the papers filed in support of the motion and upon hearing oral argument in support of and in opposition thereto, it is
ORDERED that the motion is denied.
REINALDO E. RIVERA
Associate Justice
Appellate Division: Second Judicial Department
M32237
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-09408
The People, etc., respondent, v Ronald Hancock, appellant. (Ind. No. 33/05)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered September 27, 2005, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is 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:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
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.
COZIER, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
05 R 4230
Downstate Corr. Fac.
P.O. Box 445
Fishkill, New York 12524-0445
Appellate Division: Second Judicial Department
M32316
E/sl
HOWARD MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-08419 The People, etc., respondent, v Pedro Heureaux, appellant.
(Ind. No. 2900/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered July 24, 2003, and for leave to file less than nine copies of the supplemental brief.
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 which is to enlarge time is granted, and the appellant's supplemental pro se brief shall be served and filed on or before December 29, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the motion is otherwise denied.
H. MILLER, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32246
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-08643 The People, etc., respondent, v Terrance Monk, appelant. (Ind. No. 04-00590)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered August 17, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32245
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2004-04517 The People, etc., respondent, v Christopher Prince, appellant. (Ind. No. 944/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered April 20, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32322
O/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09009 The People, etc., respondent, v Victor Rivera, appellant. (Ind. No. 6129/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 2, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied as academic as the supplemental brief was timely filed.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32244
F/
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-03162 The People, etc., respondent, v Christopher Sacco, appellant. (Ind. No. 02-00753)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Orange County, rendered March 17, 2005, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
COZIER, J.P., RITTER, GOLDSTEIN, and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32251
S/sl
STEPHEN G. CRANE, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-07420, 2005-01076 The People, etc., respondent, v Christopher Silent, appellant. (Ind. No. 1035-03)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal From Order Denying Motion to Vacate Judgment |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated November 2, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by the defendant for leave to prosecute an appeal from an order of the County Court, Nassau County, dated January 6, 2005, which denied his motion to vacate a judgment of conviction against him, as a poor person, and for the assignment of counsel, and to consolidate the appeal with an appeal from a judgment of the same court, dated August 18, 2003.
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 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 hearing on the motion, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of the proceeding 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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Matthew Muraskin, Esq.
201 N. Service Road - Suite 100
Melville, New York 11747
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.
CRANE, J.P., RITTER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 R 4761
Wyoming Corr. Fac.
P.O. Box 501
Attica, New York 14011-0501