APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4442
T/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-01514 Accessory World of Brooklyn, Inc., respondent, v Saul Kabasso, a/k/a Shaul Kabasso, et al., appellants. (Index No. 18612/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated December 24, 2002, for leave to serve and file a supplemental record containing the affidavit of Fred Swetsky, dated December 15, 2002, and accompanying exhibit, attached to the instant motion papers as Exhibit 3, 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 matter is remitted to the Supreme Court, Kings County, to hear and report on the issue of whether it considered affidavit of Fred Swetsky, dated December 15, 2002, and accompanying exhibit, attached to the instant motion papers as Exhibit 3, in rendering the order dated December 24, 2002, and the motion is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4357
E/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
SANDRA L. TOWNES
REINALDO E. RIVERA, JJ.
|
2003-06081, 2003-09250
Rosemary Almeda, appellant, v Michael C. Hopper, respondent. (Index No. 3743/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered June 5, 2003, and October 3, 2003, respectively, (1) for leave to reargue that branch of her motion which was to stay enforcement of the order entered June 5, 2003, pending hearing and determination of the appeals, which was determined by decision and order on motion of this court dated August 25, 2003, and (2) to stay enforcement of the order entered October 3, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
KRAUSMAN, J.P., LUCIANO, TOWNES and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4367
CF/
|
2003-07179 Martha Amores, respondent, v Rimland & Associates, et al., appellants. (Index No. 32959/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 13, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4390
CF/
|
2003-06698 Arbor Commercial Mortgage, LLC, respondent, v Leland Apartments, LLC, et al., appellants. (Index No. 6882/01)
| 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 May 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4368
CF/
|
2003-04904 Atlantic Mutual Insurance Company, appellant, v Flash Fuel Oil, Inc., respondent. (Index No. 18743/00)
| 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 November 21, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4378
CF/
|
2003-03798 Birchwood Health Care Center, appellant, v Doris Van Velsor, respondent. (Index No. 6211/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4387
O/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2002-08970, 2003-01256 Arthur T. Botsas, etc., appellant, v Abraham C. Grossman, etc., et al., respondents. (Action No. 1) (Index No. 15645/97) 2002-09884 Arthur T. Botsas, etc., appellant, v Western Queens Community Hospital, et al., respondents. (Action No. 2) (Index No. 6556/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Queens County, dated August 14, 2002, and two orders of the same court, both dated September 6, 2002, for leave to reargue those branches of the respondents prior cross motions which were to strike material from the appellant's appendix and brief and to direct the appellant to serve and file a proper appendix which were determined by decision and order on motion of this court dated September 25, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for reargument of those branches of the cross motions which were to direct the appellant to serve and file a proper appendix is denied as academic as the supplemental appendix which the appellant was directed to serve and file by the decision and order on motion dated September 25, 2003, was filed on November 10, 2003; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on or before December 18, 2003, the appellant shall comply with so much of the decision and order on motion dated September 25, 2003, as directed him to strike matter from his brief and appendix.
PRUDENTI, P.J., FLORIO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4366
CF/
|
2003-08460 Paulette Butler, et al., respondents, v New York City Housing Authority, appellant. (Index No. 43452/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 22, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4365
CF/
|
2003-05784 Casa de Cambio Delgado, Inc., respondent, v Casa de Cambio Puebla, S.A., de C.V., appellant. (Index No. 25236/02)
| 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 May 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4429
T/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
|
2003-07531 John Chando, respondent, v Brigitte Chando, appellant. (Index No. 6113/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 9, 2003, on the ground that it has been rendered academic.
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., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4480
A/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-08772
Antonia Cruz, plaintiff, v Alhambra Day Treatment Center, defendant. (Index No. 6365/97)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the plaintiff for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 17, 2003, which reversed a judgment of the Civil Court, City of New York, Kings County, entered September 7, 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.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4363
CF/
|
2003-05475 Jellisa Dally, et al., respondents, v Joseph Arrito, et al., defendants, Caravan Transportation, Inc., appellant. (Index No. 14216/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 22, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4388
T/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-02130 Hannah Daniels, appellant, v Dahlia Howell, respondent. (Index No. 22999/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 20, 2002.
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 December 12, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4407
CF/
|
2003-08952 Davis & Warshow, Inc., respondent, v Atria Builders, LLC, et al., appellants. (Index No. 13736/03)
| 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 September 19, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4478
A/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-05629 Eileen DeGregorio, respondent, v Joel C. Bender, etc., et al., appellants, et al., defendants. (Index No. 993/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, on an appeal from an order of the Supreme Court, Westchester County, entered June 3, 2003, in effect, to enlarge the record on appeal to include a response to a notice to admit.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4389
CF/
|
2003-04272
Frank Dillon, respondent, v Sisters of Charity Medical Center, d/b/a St. Vincent's Medical Center of Richmond, et al., appellants. (Index No. 11091/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Samala R. Swamy to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 28, 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 by Samala R. Swamy is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4355
S/sl
A. GAIL PRUDENTI, P.J.
NANCY E. SMITH
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
|
2003-04743 Joseph Doria, respondent, v Lisa Marie Doria, appellant. (Index No. 204377/01)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from an order of the Supreme Court, Nassau County, dated April 30, 2003. By decision and order on motion of this court dated September 24, 2003, the appellant was directed to serve and file a supplemental appendix containing certain material. The appellant has failed to comply with that decision and order on motion.
Now, upon the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this court dated September 24, 2003.
PRUDENTI, P.J., SMITH, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4411
CF/
|
2003-05968 Executive Aviation Services, Inc., et al., appellants, v Flightways of Long Island, Inc., respondent. (Index No. 11554/01)
| 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 April 29, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4448
CF/
|
2002-11452 Daniel Fernandez, respondent, v Jacob Yarmish, et al., appellants. (Index No. 31727/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated October 31, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4445
CF/
|
2003-04142 Daniel Fernandez, respondent, v Jacob Yarmish, et al., appellants. (Index No. 31727/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4380
CF/
|
2003-03507 Anthony Gagliardi, et al., respondents, v Staten Island Urological Associates, P.C., et al., appellants. (Index No. 13615/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4362
CF/
|
2003-04610 Emily Garcia, respondent, v Atlantic Paratrans, Inc., et al., defendants, Guy Marcel Dor, appellant. (Index No. 14828/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 15, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4394
CF/
|
2003-06993 Ynelda Gomez, etc., respondent, v Alia A. Alomisi, d/b/a Saba Deli, etc., et al., appellants. (Index No. 1392/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4076
CF/
|
2003-00058 Debra A. Halleran, et al., respondents, v Getta Narula, etc., et al., appellants. (Index No. 5148/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Winthrop University Hospital to withdraw an appeal from an order of the Supreme Court, Nassau County, dated November 21, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Winthrop University Hospital is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4421
CF/
|
2003-03280 Terri Hodgson, respondent, v Andrew Hodgson, appellant. (Index No. 18322/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated March 7, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4342
M/sl
|
2003-04069
Robert Hothan, respondent, v Metropolitan Suburban Bus Authority, et al., appellants. (Index No. 352/95)
| 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, Nassau County, entered April 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 3, 2003, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4440
A/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2003-02188 International Consulting Services, Ltd., appellant, v Flo Kiss, et al., respondents. (Index No. 29529/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated January 8, 2003, inter alia, to strike the respondents' brief on the ground that it was untimely filed.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4364
CF/
|
2003-05887 Arlene Jacoby, appellant, v County of Nassau, et al., respondents. (Index No. 18299/01)
| 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 June 10, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4428
CF/
|
2003-04222 Thomas P. Jedlicka, respondent, v Gary Field, appellant. (Index No. 11484/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 23, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4468
A/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2001-09370 Daniel Kime, appellant-respondent, v Lisamarie Kime, respondent-appellant. (Index No. 107/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, and cross motion by the respondent-appellant, for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Rockland County, dated September 28, 2001, which were determined by decision and order of this court dated February 24, 2003.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
SMITH, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4383
CF/
|
2003-04999 Hudson King, et al., respondents, v Darcy Smith, appellant. (Index No. 17891/02)
| 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 May 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4492
L/
|
2003-02499
Scott Link, et al., appellants, v Roseann S. Roux, et al., respondents. (Index No. 4616/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Dutchess County, dated December 13, 2002.
Upon the stipulation of the parties, dated September 15, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4417
CF/
|
2003-02318 Anna Makris, appellant, v Westchester County, et al., respondents. (Index No. 13775/02)
| 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 January 15, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4493
Y/sl
MYRIAM J. ALTMAN, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEPHEN G. CRANE, JJ.
|
2003-09715 Michael G. Manzella, respondent, v Melissa M. Manzella, appellant. (Index No. 3884/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., S. MILLER, GOLDSTEIN and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4434
CF/
|
2003-06512 Paul Mastronardi, plaintiff-respondent, v Anna Marie Mastronardi, defendant- respondent, Countrywide Construction Corp., appellant. (Index No. 15250/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated June 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4370
CF/
|
2003-07114 Lisa Maurello, respondent, v County of Nassau, Town of Hempstead, et al., defendants, GGG Construction Corp., appellant. (Index No. 7735/99)
| 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 July 17, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4376
CF/
|
2003-04543 James McCall, respondent, v New York City Housing Authority, appellant. (Index No. 3025/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4375
CF/
|
2003-06560 Kyle McMorrow, et al., respondents, v Leon Melohn, appellant. (Index No. 30220/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4403
CF/
|
2003-02242 Nadia T. Moorgan, respondent, v Salem Truck Leasing, Inc., et al., appellants. (Index No. 18294/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated January 31, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4443
CF/
|
2003-03535 Domenica Morello, respondent, v Deepak Sachdev, et al., appellants. (Index No. 8549/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated February 21, 2003.
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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4439
CF/
|
2003-06911 Domenica Morello, respondent, v Deepak Sachdev, appellant. (Index No. 8549/00)
| 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 June 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4347
T/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-02949 NYCTL 1997-1 Trust, et al., respondents, v Oneg Shabbos, Inc., et al., defendants, Square Funding Corp., appellant. (Index No. 15019/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 11, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4393
T/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
|
2002-09552 Northpark Associates, L.L.L.P., f/k/a Northpark Associates, L.P., respondent-appellant, v S.H.C. Mergers, Inc., f/k/a Westcon Services Corporation, et al., appellants-respondents. (Index No. 18653/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered August 22, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent-appellant's time to serve and file a brief, including its points of argument on its cross appeal, is enlarged until December 26, 2003 (see 22 NYCRR 670.8[c][3]), and the respondent-appellant's brief must be served and filed on or before that date.
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4395
T/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
|
2002-09595 Northpark Associates, L.L.L.P., f/k/a Northpark Associates, L.P., respondent-appellant, v Westcon, Inc., et al., appellants-respondents, et al., defendants. (Index No. 18844/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the time to serve and file a brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered August 22, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent-appellant's time to serve and file a brief, including its points of argument on its cross appeal (see 22 NYCRR 670.8[c][3]), is enlarged until December 26, 2003, and the respondent-appellant's brief must be served and filed on or before that date.
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4408
CF/
|
2003-06742 Maria Nowak, respondent-appellant, v City of New York, appellant-respondent. (Index No. 29939/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellant-respondent and the respondent-appellant to withdraw an appeal and cross appeal from a judgment of the Supreme Court, Kings County, dated July 8, 2003.
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 appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4371
CF/
|
2003-03669 Aimee L. O'Dell, plaintiff-respondent- appellant, Linda O'Dell, et al., plaintiffs- respondents, v Courtney P. Caswell, defendant- respondent, Christopher G. Murphy, defendant- respondent-appellant, Charles S. Kelly III, et al., defendants-appellants-respondents. (Index No. 5114/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the respondent-appellant Christopher G. Murphy to withdraw his cross appeal from an order of the Supreme Court, Dutchess County, dated March 31, 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 cross appeal by Christopher G. Murphy is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4350
M/sl
|
2003-04685
Charleen Anne Palumbo, respondent, v Robert Palumbo, appellant. (Index No. 24096/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 1, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 22, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4385
CF/
|
2003-07337 Frank Pizzimenti, et al., respondents, v Michael Damsky, appellant. (Index No. 10359/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated July 21, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4356
M/sl
|
2003-06779
Jennifer Purcell, appellant, v Vincent Purcell, respondent. (Index No. 8117/96)
| 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, Westchester County, dated July 31, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 24, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4423
T/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
GLORIA GOLDSTEIN
HOWARD MILLER, JJ.
|
2003-08703 Ana Maria Ritziu, respondent, v William Flavy Ritziu, appellant. (Index No. 29548/01)
| DECISION & ORDER ON MOTION |
Appeal by the defendant William Flavy Ritziu from a judgment of the Supreme Court, Queens County, dated July 8, 2003.
Now, on the court's own motion, it is
ORDERED that the appeal from so much of the judgment as was entered upon the stipulation of the parties dated April 3, 2003, is dismissed, as the appellant is not aggrieved thereby (see CPLR 5511).
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4436
CF/
|
2003-03699 Leon S. Rutkowski, respondent, v William Baldwin, etc., defendant, Richard L. Faherty, appellant. (Index No. 8637/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated February 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4426
CF/
|
2003-04613 Richard A. Schulman, et al., respondents, v Frederick E. Lyon, appellant. (Index No. 22704/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 14, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4424
CF/
|
2003-08646 Jessica Sealey, et al., respondents, v 280 Realty, Co., et al., appellants. (Index No. 6724/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated August 25, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4374
CF/
|
2003-01846 Rimma Shetman, et al., respondents, v Gary Feldman, et al., appellants. (Index No. 18765/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants to withdraw their respective appeals from an order of the Supreme Court, Kings County, dated December 12, 2002.
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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4432
A/sl
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-01498 Margarita Shifrina, etc., appellant, v New York City, et al., respondents. (Index No. 36153/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated October 18, 2002, as amended by an order of the same court dated December 13, 2002, 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 denied.
PRUDENTI, P.J., SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4415
CF/
|
2003-01132 Shiuk Kwong Leung, appellant, v Benjamin H. Monczyk, et al., respondents. (Index No. 7642/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 17, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4340
M/sl
|
2003-01976
Therese St. Dic, respondent-appellant, v Brooklyn Hospital Center, appellant- respondent. (Index No. 5632/98)
| 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 a judgment of the Supreme Court, Kings County, dated January 31, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until December 3, 2003, and the joint record or joint appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, on or before January 5, 2004 (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4450
CF/
|
2003-02226 State Farm Mutual Automobile Insurance Company, appellant, v Jean Raymond, et al., respondents. (Index No. 2504/02)
| 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 January 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4399
T/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2002-08716, 2003-01777 Lyle Steinberg, respondent, v Donna Steinberg, appellant. (Index No. 1300/88)
| 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 - May 2003 Calendar", dated June 2, 2003, as dismissed an appeal from an order of the Supreme Court, Westchester County, entered August 20, 2002 (Appellate Division Docket No. 2002-08716), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, for leave to consolidate that appeal with an appeal from an order of the same court entered January 17, 2003 (Appellate Division Docket No. 2003-01777), and to enlarge the time to perfect both appeals.
Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is
ORDERED that the branch of the motion which was to recall and vacate so much of a decision and order on motion of this court dated June 2, 2003, as dismissed the appeal under Appellate Division Docket No. 2002-08716, and to reinstate the appeal, is granted; and it is further,
ORDERED that the appellant's time to perfect both appeals is enlarged until December 12, 2003, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is for leave to consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4369
CF/
|
2003-01841 Ilka Testman, et al., respondents, v Sea Park East Houses, Inc., et al., defendants, Security Plus Service, Inc., appellant. (Index No. 11585/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 26, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4382
CF/
|
2003-03130 Renee J. Visconti, appellant, v Don V. Soranno, et al., respondents. (Index No. 4460/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated March 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4384
T/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
DANIEL F. LUCIANO
REINALDO E. RIVERA, JJ.
|
2002-08829 Wallack Freight Lines, Inc., respondent, v Next Day Express, Inc., et al., defendants, John Waters, appellant. (Index No. 29295/95)
| 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 - July 2003 Calendar", dated September 4, 2003, as dismissed an appeal from an order of the Supreme Court, Suffolk County, entered September 5, 2002, 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 the papers filed in relation or opposition thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4353
S/sl
|
2003-02012
Wendell Watford, respondent, v Patricia Boolukos, appellant. (Index No. 5111/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Rockland County, dated January 22, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until November 25, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4414
T/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-02992 In the Matter of Francisco Alvarado, respondent, v Nydia Alvarado, appellant. (Proceeding No. 1) (Docket Nos. V-546-01, V-547-01) In the Matter of Nydia Alvarado, appellant, v Francisco Alvarado, respondent. (Proceeding No. 2) (Docket Nos. V-1993-01, V-1994-01)
| DECISION & ORDER ON MOTION |
Appeal by Nydia Alvarado from an order of the Family Court, Nassau County, dated January 9, 2003. By order to show cause dated September 29, 2003, 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 the scheduling order dated August 7, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 7, 2003 (see 22 NYCRR 670.4[a][5]).
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4373
CF/
|
2003-05981 In the Matter of Latifah C. (Anonymous). Administration for Children's Services, appellant; Yolando C. (Anonymous), et al., respondent. In the Matter of Latisha L. (Anonymous). Administration for Children's Services, appellant; Yolando C. (Anonymous), et al., respondent. In the Matter of Lyasia C. (Anonymous). Administration for Children's Services, appellant; Yolando C. (Anonymous), et al., respondent. (Docket No. N-15550-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated July 8, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4431
CF/
|
2003-05906 In the Matter of Charter Oak Fire Insurance Company, respondent, v Gerald Haskins, appellant. (Index No. 20703/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated May 13, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4326
A/sl
A. GAIL PRUDENTI, P.J.
MYRIAM J. ALTMAN
NANCY E. SMITH
STEPHEN G. CRANE, JJ.
|
2003-03682
In the Matter of William Copeland, petitioner, v Cynthia Kean, et al., respondents.
| DECISION & ORDER ON MOTION |
Motion by the petitioner for leave to reargue a motion pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, and a separate motion for leave to amend his petition, which were determined by decision and order on motion of this court dated June 13, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, and upon the petitioner's failure to comply with the decision and order on motion of this court dated June 13, 2003, the proceeding is dismissed, without costs or disbursements.
PRUDENTI, P.J., ALTMAN, SMITH and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4495
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2001-07977 In the Matter of Frontier Insurance Company, appellant, v People of the State of New York, respondent; Jose Diaz, defendant. (Ind. No. 97-00690)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the County Court, Westchester County, dated August 8, 2001.
Upon the stipulation of the attorneys for the respective parties, dated April 9, 2003, is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4386
CF/
|
2002-09536 In the Matter of Antoine David G. (Anonymous). Westchester County Department of Social Services, respondent; Tonia Saunders, appellant. (Docket No. B-31-00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated April 1, 2002.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4419
T/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-06295 In the Matter of Anthony Graci, respondent, v Ginel Graci, appellant. (Docket Nos. V-1760-03, V-1761-03)
| DECISION & ORDER ON MOTION |
Appeal by Ginel Graci from an order of the Family Court, Orange County, dated June 13, 2003. By order to show cause dated September 29, 2003, 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 the scheduling order dated August 8, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 8, 2003 (see 22 NYCRR 670.4[a][5]).
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4349
M/sl
|
2003-04722
In the Matter of Vincent Greco, appellant, v William Curran, etc., et al., respondents. (Proceeding No. 1) (Index No. 14218/01) In the Matter of Vincent Greco, appellant, v Richard Dillworth, respondent. (Proceeding No. 2) (Index No. 15127/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, dated April 16 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4473
T/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-08125 In the Matter of Leo Marino, petitioner, v William Erlbaum, etc., respondent. (Index No. 2469/01)
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person, and cross motion by the respondent to dismiss the proceeding.
Upon the papers filed in support of the motion and the cross motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]); and it is further,
ORDERED that the cross motion is held in abeyance pending receipt of the filing fee.
The allegations of merit contained in the petitioner's affidavit in support of the motion for permission to proceed as a poor person fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4416
T/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-10748 In the Matter of Lydia McAndrew, appellant, v James McAndrew, respondent. (Docket No. O-00038-02)
| DECISION & ORDER ON MOTION |
Appeal by Lydia McAndrew from an order of the Family Court, Westchester County, dated October 28, 2002. By order to show cause dated October 6, 2003, 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 the scheduling order dated July 21, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 21, 2003 (see 22 NYCRR 670.4[a][5]).
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4496
L
|
2002-10636
In the Matter of New York & Atlantic Railway, et al., petitioners, v Metropolitan Transportation Authority, et al., respondents.
| ORDER ON APPLICATION Stipulation to Withdraw Proceeding |
Application by the petitioner for leave to withdraw a proceeding pursuant to EDPL § 207.
Upon the stipulation of the parties, dated April 1, 2003, it is
ORDERED that the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4479
T/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-01402
In the Matter of Angel Luis Pesante, respondent, v Nancy Marcelin, appellant. (Docket No. V-07133-02)
| DECISION & ORDER ON MOTION |
Appeal by Nancy Marcelin from an order of the Family Court, Kings County, dated January 15, 2003. By decision and order on motion of this court dated June 27, 2003, the appellant's time to perfect the appeal in the above-entitled proceeding was enlarged until August 15, 2003. The appeal has not been perfected. By order to show cause dated October 1, 2003, 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 perfect the appeal in accordance with the decision and order on motion of this court dated June 27, 2003.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the decision and order on motion of this court dated June 27, 2003 (see 22 NYCRR 670.4[a][5]).
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4377
CF/
|
2003-05076 In the Matter of Debora Preudhomme, a/k/a Debbie Daniel, respondent, v Destiny Alford, appellant. (Docket No. O-1148-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Queens County, dated May 13, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4460
A/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
SANDRA L. TOWNES, JJ.
|
2003-00809
In the Matter of Michael Sass, respondent, v Barbara Sass, appellant. (Docket No. F-3249/91)
| DECISION & ORDER ON MOTION |
Motion by the appellant to waive the filing fee and to enlarge the time to perfect an appeal from an order of the Family Court, Suffolk County, dated December 16, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to waive the filing fee is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is referred to the Clerk of this court pursuant to 22 NYCRR 670.4(a).
SMITH, J.P., KRAUSMAN, GOLDSTEIN and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4391
CF/
|
2003-08856 In the Matter of Khierk T. (Anonymous). Administration for Children's Services, et al., respondents; Nabila T. (Anonymous), appellant. (Docket No. B-3548-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a ruling of the Family Court, Queens County, dated May 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4379
CF/
|
2003-04396 In the Matter of Deborah Torba, appellant, v Steven Torba, respondent. (Docket No. O-677/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Nassau County, dated April 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4494
L
|
2003-01573
In the Matter of Town of Riverhead, et al., petitioners, v New York State Board of Real Property Services, etc., et al., respondents. (Index No. 7665/02)
| ORDER ON APPLICATION Application to Withdraw Proceeding |
Application by the petitioners for leave to withdraw a proceeding pursuant to Real Property Tax Law § 1218.
Upon the papers filed in support of the application, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
November 13, 2003
MATTER OF TOWN OF RIVERHEAD v NEW YORK STATE
BOARD OF REAL PROPERTY SERVICES
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4352
O/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
|
2003-03429 In the Matter of Luis Vasquez, appellant, v Glenn Goord, etc., et al., respondents. (Index No. 4169/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated March 24, 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 granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until December 12, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4454
CF/
|
2003-09233 The People, etc., respondent, v Fidencio Abreu, appellant. (Ind. No. 03-00578)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the County Court, Westchester County, rendered September 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4397
CF/
|
1999-11521 The People, etc., respondent, v Carlos Fernandez, appellant. (Index No. 98-00788)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, rendered April 26, 1999.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4166
F/
MYRIAM J. ALTMAN, J.
|
2003-06937
The People, etc., plaintiff, v Vincent Maroldo, defendant. (Ind. No. 2552-92)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Suffolk County, dated June 23, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
MYRIAM J. ALTMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4381
T/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2001-09999 The People, etc., respondent, v Warren A. Ovalle, appellant. (Ind. No. 2083/99)
| ORDER TO SHOW CAUSE |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from an amended judgment of the County Court, Suffolk County, rendered September 19, 2001, and to withdraw the appeal.
On the court's own motion, it is
ORDERED that the appellant show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on December 19, 2003, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion to be relieved of the assignment to prosecute the appeal and to withdraw the appeal is held in abeyance in the interim.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk