Appellate Division: Second Judicial Department
M32345
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2005-04192
Ardshiel, Inc., appellant, v Curtis Instruments, Inc., et al., respondents, Bank of New York Company, Inc., defendant. (Index No. 11372/04)
| 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, Westchester County, dated March 17, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 27, 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
M32379
S/sl
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2005-00104
Atlas Refrigeration-Air Conditioning, Inc., respondent, v Salvatore Lo Pinto, appellant.
(Index No. 46535/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Kings County, dated November 4, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before November 18, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32347
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2005-03447
Helen Axelrod, appellant-respondent, v Howard Axelrod, respondent-appellant. (Index No. 17886/00)
| 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, Westchester County, dated February 28, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until February 1, 2006, and the joint record or 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 his answering brief, including his points of argument on the cross appeal in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32307
C/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
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2005-05652, 2005-08656
Ben Krupinski Builder and Associates, Inc., appellant, v Theodore Baum, et al., respondents. (Index No. 27146/04)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 29, 2005, on the ground that no appeal lies from an order denying a motion for reargument. Cross motion by the appellant to consolidate the appeals.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied without prejudice to the respondents raising the issue in their brief; and it is further,
ORDERED that the cross motion is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32176
C/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
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2005-01675, 2005-01913 Kisnet Brooks, respondent-appellant, v Maintenance Service Resources, Inc., defendant third-party plaintiff-respondent- appellant; Allied Exterminating, third-party defendant-appellant-respondent. (Index No. 49128/97)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff respondent-appellant on appeals from an order of the Supreme Court, Kings County, dated December 23, 2004, and an amended order of the same court January 24, 2005, to direct the third-party defendant appellant-respondent to supplement the record on appeal or for leave to supplement the record on appeal to include the plaintiff's pay stubs, admitted in evidence at the trial as the plaintiff's Exhibit 4, and the plaintiff's stipulation indicating a willingness to accept the reduction to the damage awards. Cross motion by the third-party defendant appellant-respondent, inter alia, in effect, for summary dismissal of the complaint, for this court to take judicial notice of certain certified public documents submitted as exhibits to the motion papers, and to enlarge the time to serve and file a reply brief. Separate cross motion by the defendant third-party plaintiff respondent-appellant for the same relief.
ORDERED that the motion is granted to the extent that on or before December 1, 2005, the plaintiff respondent-appellant shall serve and file a supplemental record containing the plaintiff's pay stubs, admitted in evidence at the trial as the plaintiff's Exhibit 4, which are appended to the motion papers of the plaintiff respondent-appellant as Exhibit 4, and the plaintiff's stipulation indicating a willingness to accept the reduction to the damage awards appended to the motion papers of the plaintiff respondent-appellant as Exhibit 3, and the motion is otherwise denied; and it is further,
ORDERED that the branches of the respective cross motions which are to enlarge the time to serve and file reply briefs are granted; the time of the third-party defendant appellant-respondent to serve and file its reply brief is enlarged until December 30, 2005; the time of the plaintiff respondent-appellant to serve and file its reply brief and the time of the defendant third-party plaintiff respondent-appellant to serve and file their respective reply briefs is enlarged until January 17, 2006; and it is further,
ORDERED that the cross motions are otherwise denied, without prejudice to seeking relief in the Supreme Court, Kings County.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32298
C/nal
BARRY A. COZIER, J.P.
SONDRA MILLER
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
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2004-00255
Joseph Clark, etc., appellant, v David Trios, etc., et al., respondent, et al., defendant. (Index No. 8845/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Rockland County, dated December 1, 2003, which was determined by decision and order of this court dated August 15, 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.
COZIER, J.P., S. MILLER, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32349
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2005-03200
Commissioners of State Insurance Fund, respondent, v Nobre, Inc., appellant. (Index No. 14687/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 4, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 30, 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
M31897
A/sl
ROBERT W. SCHMIDT, J.P.
BARRY A. COZIER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
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2005-03789, 2005-03797, 2005-04343 James G. Courtney, Jr., et al., plaintiffs-appellants, v Port Authority of New York and New Jersey, defendant-appellant, John T. Mather Memorial Hospital, et al., defendants-respondents, et al., defendants. (Index No. 15328/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant-appellant on appeals from (1) an order of the Supreme Court, Nassau County, entered April 4, 2005, and (2) two judgments of the same court entered April 8, 2005, and April 20, 2005, respectively, to enlarge the record to include certain material appended as Exhibits A and B to the instant motion papers, and to enlarge its time to perfect the appeal.
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 record on appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted; and it is further,
ORDERED that the time of the appellants to perfect their respective appeals is enlarged until December 12, 2005, and the joint record or appendix on the appeals and the briefs of the appellants must be served and filed on or before that date.
SCHMIDT, J.P., COZIER, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32339
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2005-04492
Katie Daniels, appellant, v City of New York, respondent. (Index No. 14679/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 23, 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
M32341
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2005-04937
DeCostole Carting, Inc., appellant, v Jose Maldonado, et al., respondents. (Index No. 29281/04)
| 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, Kings County, dated March 31, 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
M32368
O/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
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2005-10266 Baltazar Duarte, et al., respondents, v City of New York, appellant. (Index No. 24928/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 September 28, 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
M32357
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2005-01157 Susan B. Ellman, appellant, v Village of Rhinebeck, et al., respondents. (Index No. 5443/02)
| ORDER ON APPLICATION |
Application by the respondent Village of Rhinebeck 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, Dutchess County, dated December 23, 2004.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until December 5, 2005, and the movant'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
M32321
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2005-02460 F & V Mechanical Plumbing & Heating Corp., etc., plaintiff-respondent, v LaQuila Construction, Inc., defendant third-party plaintiff-appellant, et al., defendants; Federal Insurance Company, third-party defendant-respondent (and a second third party action). (Index No. 3579/99)
| 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 January 28, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 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
M32352
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2005-04014
Darlene Feger, appellant, v Warwick Animal Shelter, et al., respondents. (Index No. 3730/03)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Orange County, dated
March 2, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 7, 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
M31872
Y/sl
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
JOSEPH COVELLO, JJ.
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2005-09788 Ford Motor Credit Company, et al., appellants, v Berta Shayovitz, et al., respondents. (Index No. 2942/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Kings County, dated October 6, 2005, as directed the cancellation of the notices of pendency filed against the subject properties pending hearing and determination of an appeal from the order, and to reinstate the notices of pendency if they have already been cancelled.
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 stay the cancellation of the notices of pendency is denied as academic, as the notices of pendency have been cancelled; and it is further,
ORDERED that the branch of the motion which is to reinstate the notices of pendency is denied.
ADAMS, J.P., GOLDSTEIN, RIVERA and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32327
O/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2004-09793
George Garrison, et al., appellants, v All Phase Structure Corp., respondent. (Index No. 0758/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Orange County, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged until November 16, 2005.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32343
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2005-04608
Robert Gaska, appellant, v Keith Heller, et al., respondents. (Index No. 9878/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated March 24, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 5, 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
M32344
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2005-04495 Jorge Gonzalez, appellant, Xiomara Gonzalez, plaintiff, v Pon Lin Realty Corp., defendant third-party plaintiff-respondent, MDM Design Group, Inc., et al., defendants- respondents; Circle Plumbing Corp., third-party defendant-respondent. (Index No. 31472/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated April 7, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 28, 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
M32360
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2005-03566 Melody Gross, appellant, v Jeffrey Gross, defendant; Kim Brennan Joyce, nonparty- respondent. (Index No. 204394/00)
| ORDER ON APPLICATION |
Application by the nonparty-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, Nassau County, dated March 16, 2005.
ORDERED that the application is granted and the nonparty-respondent's time to serve and file a brief is enlarged until December 9, 2005, and the nonparty-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
M32333
S/sl
HOWARD MILLER, J.P.
BARRY A. COZIER
DAVID S. RITTER
MARK C. DILLON, JJ.
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2005-00756
Jeffrey Hale, respondent, v S.F. Hotel Company, L.P., d/b/a Summerfield Suites, et al., appellants. (Index No. 5308/01)
| DECISION & ORDER ON MOTION |
The defendants having appealed to this court from an interlocutory judgment of the Supreme Court, Dutchess County, dated January 4, 2005, and having perfected the appeal on May 24, 2005, the respondent having filed a brief on June 27, 2005, and the appellants having filed a reply brief on July 5, 2005, the matter was placed on this court's calendar for October 11, 2005. By letter dated September 27, 2005, counsel for the appellants advised this court that the underlying action had settled on or about August 1, 2005, and that the instant appeal was being withdrawn. By order to show cause dated October 11, 2005, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and the papers filed in opposition thereto, it is
ORDERED that within 20 days after service upon them of a copy of this decision and order on motion, Ryan & Smallcombe, PLLC, counsel for the appellants, and Vergilis, Stenger, Roberts & Partners, LLP, counsel for the respondent, are each directed to pay a sanction in the sum of $750 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
Under the circumstances, the failure of counsel for the parties to promptly advise this court that the appeal should not be calendared warrants imposition of sanctions in the amount indicated.
H. MILLER, J.P., COZIER, RITTER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32342
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2005-04594
Robert L. Hickey, appellant, v Hempstead Union Free School District, respondent. (Index No. 12254/04)
| 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 April 5, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 5, 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
M32340
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2005-04797
Homeq Servicing Corporation, appellant, v Janie L. Connor, et al., defendants, Joanne McClinton Nichols, respondent. (Index No. 2779/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 29, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 9, 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
M32364
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2005-04970 Annette Hyland, appellant, v City of New York, et al., respondents. (Index No. 12424/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated April 21, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 6, 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
M32353
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2005-03647
Domenica Ilardo, appellant, Antonio Ilardo, et al., plaintiffs, v New York City Transit Authority, et al., respondents. (Index No. 26507/02)
| 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, Kings County, dated
March 18, 2005.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 19, 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
M32351
O/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2004-10519
Jeffrey L. Rosenberg & Associates, LLC, appellant, v Charlotte Isaacs, respondent. (Index No. 017152/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se 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, Nassau County, dated May 20, 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 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
M32356
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2005-05841 Llywelyn LaRose, respondent, v Resnick Eighth Avenue Associates, LLC, appellant, Command Security Corporation, defendant. (Index No. 33489/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated May 27, 2005.
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged, and the brief which was submitted to the Clerk of this court on November 10, 2005, is accepted for filing; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before November 25, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32137
A/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
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2005-03863 Jan Matejkowski, respondent, v Hilton Hotels Corporation, appellant, et al., defendant. (Index No. 16881/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 February 4, 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
M32354
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2005-08606
Modern Continental Construction Co., Inc., plaintiff-respondent, v Miguel A. Giarola, et al., defendants third-party plaintiffs-respondents; Eveready Insurance Company, third-party defendant-appellant. (Index No. 25924/04)
| ORDER ON APPLICATION |
Application by the defendants third-party plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated August 15, 2005.
ORDERED that the application is granted and the defendants third-party plaintiffs-respondents' time to serve and file a brief is enlarged until December 16, 2005, and the defendants third-party plaintiffs-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
M32382
S/sl
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2005-05111
William Moore, respondent, v R.R.L.L. Leasing Corp., et al., defendants, Transportation Planning Corp., d/b/a All Island Transportation, d/b/a McBrides, All Island Taxi of Hempstead, et al., appellants. (Index No. 30739/99)
| ORDER ON APPLICATION |
Application by the appellants Transportation Planning Corp., d/b/a All Island Transportation, d/b/a McBrides, All Island Taxi of Hempstead and Taxi Latino of Long Island, Inc., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated May 3, 2005.
ORDERED that the application is granted and the time of the appellants to perfect their respective appeals is enlarged until December 2, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32300
C/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
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2005-08047
Edward Poirier, et al., plaintiffs, v Peter P. Rocca, defendant third-party plaintiff- appellant, et al., defendant; James F. Sutton Agency, Ltd., et al., third-party defendants-respondents. (Index No. 30612/02)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendants-respondents to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 26, 2005, on the ground that the notice of appeal was not timely served.
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
M32383
S/sl
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2005-04890
Pooltastic Pool Works, Inc., respondent, v James Dean, appellant. (Index No. 6719/00)
| 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, Suffolk County, dated April 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 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
M32318
E/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
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2003-09891, 2003-09893
Naila Qureshi, appellant, v New York City Department of Education, respondent. (Index No. 5199/03)
| 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 - May 2004 Calendar", dated May 24, 2004, as dismissed appeals from two orders of the Supreme Court, Westchester County, entered August 28, 2003, and September 4, 2003, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, to enlarge the time to perfect the appeals, and for leave to reargue her motion for leave to prosecute the appeals as a poor person, to waive the filing fee, 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 branches of the motion which are to recall and vacate so much of the decision and order on motion of this court dated May 24, 2004, as dismissed the appeals, to reinstate the appeals, and to enlarge the time to perfect the appeals are denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32361
S/sl
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2005-04329
Zahoor Raja, respondent, v H.W. Wilson Company, Inc., et al., defendants, Five Boro Roofing & Sheet Metal Works, Inc., appellant (and a third-party action). (Index No. 13142/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 15, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 28, 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
M32338
S/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
ROBERT A. SPOLZINO
ROBERT J. LUNN, JJ.
|
2004-08048
Taylor Ross, etc., et al., respondents, v Edward Mandeville, etc., defendant, New York Hospital Medical Center of Queens, appellant. (Index No. 29077/02)
| DECISION & ORDER ON MOTION |
The defendant New York Hospital Medical Center of Queens having appealed to this court from an order of the Supreme Court, Queens County, dated August 13, 2004, and having perfected the appeal on January 4, 2005, the respondents having filed a brief on January 27, 2005, and the appellant having filed a reply brief on February 14, 2005, the matter was placed on this court's calendar for October 3, 2005. By letter dated September 20, 2005, counsel for the appellant advised this court that the instant appeal was being withdrawn because the action had been discontinued against the appellant on May 20, 2005. A stipulation withdrawing the appeal was appended to the letter. By order to show cause dated October 11, 2005, the parties or their counsel were directed to show cause before this court why an order should or should not be made and entered imposing such sanctions and/or costs, if any, against the parties to the appeal or their respective counsel pursuant to 22 NYCRR 670.2(g) as this court may deem appropriate.
Now, on the court's own motion and the papers filed in opposition thereto, it is
ORDERED that within 20 days after service upon it of a copy of this decision and order on motion, Farley & Glockner, LLP, counsel for the appellant, is directed to pay a sanction in the sum of $750 to the Lawyers' Fund for Client Protection of the State of New York (see 22 NYCRR 130-1.1[b]); and it is further,
ORDERED that the Clerk of the Supreme Court, Kings County, shall enter judgment accordingly (see 22 NYCRR 130-1.2); and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion upon counsel for the parties by regular mail.
Section 670.2(g) of the rules of this court provides, in relevant part, that "[i]f a cause or the underlying action or proceeding is wholly or partially settled * * * or if any cause should not be calendared * * * for some other reason, the parties or their counsel shall immediately notify the court," and "[a]ny attorney or party who, without good cause shown, fails to comply with the requirements of this subdivision shall be subject to the imposition of such costs and/or sanctions as the court may direct" (22 NYCRR 670.2[g]).
Under the circumstances the failure of counsel for the appellant to promptly advise this court that the appeal should not be calendared warrants imposition of sanctions in the amount indicated.
COZIER, J.P., RITTER, SPOLZINO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32370
R/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-08545 Sidney Sanders, et al., plaintiffs-respondents, v Tribeca Realty, LLC, et al., defendants third-party plaintiffs-appellants, Nathanson Consulting Corp., defendant second third-party plaintiff-appellant; Keystone Mechanical, Inc., third-party defendant-respondent; Liquid Sky Co., Inc., second third-party defendant-respondent. (Index No. 29908/02)
| 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 July 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
M32384
S/sl
|
2005-02706, 2005-02707
Dorothy Sarantopoulos, et al., appellants, v E-Z Cash ATM, Inc., et al., respondents. (Matter No. 1) (Index No. 3557/04) In the Matter of George Lendrihas, etc., respondent, v Dorothy Sarantopoulos, etc., et al., appellants. (Matter No. 2) (Index No. 9419/04)
| ORDER ON APPLICATION |
Application by the appellants in Matters Nos. 1 and 2 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated June 24, 2004, and January 19, 2005, respectively.
ORDERED that the application is granted and the appellants' time to perfect the appeals is enlarged until December 15, 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
M32369
D/sl
|
2005-04661
Cottie Selby, et al., plaintiffs-respondents, v City of New York, defendant-respondent, Keyspan Energy Delivery, NYC, appellant. (Index No. 28054/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 5, 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
M32376
D/sl
|
2005-02777
Rita Stark, et al., appellants, v City of New York, respondent. (Index No. 17951/02)
| 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, Queens County, dated January 21, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 12, 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
M32350
D/sl
|
2005-02322
Sheyna Streletskaya, appellant, v New York City Transit Authority, respondent. (Index No. 36764/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated January 14, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 12, 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
M32299
C/nal
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-11038, 2004-01523
Surgical Design Corporation, appellant, v Jamir Correa, et al., respondents. (Index No. 3479/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, for leave to reargue appeals from two orders of the Supreme Court, Queens County, dated November 6, 2003, and January 8, 2004, respectively, which were determined by decision and order of this court dated August 8, 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, with $100 costs.
PRUDENTI, P.J., SCHMIDT, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32367
D/sl
|
2005-04836
David Torelli, appellant, v Joseph F. Connors, respondent. (Index No. 15751/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 7, 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
M32381
S/sl
|
2005-03557
Town of Orangetown, et al., respondents, v National Union Fire Insurance Company, appellant. (Index No. 2804/04)
| 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, Rockland County, dated March 30, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 14, 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
M32355
D/sl
|
2005-01198, 2005-01200, 2005-01201
Salvatore Vaglica, plaintiff, v Glenn M. Homeyer, defendant. (Action No. 1) (Index No. 32362/98) Glenn M. Homeyer, et al., appellants, v Salvatore Vaglica, et al., respondents. (Action No. 2) (Index No. 1282/00) Troy Ferdinand, appellant, v Salvatore Vaglica, et al., respondent, Glenn M. Homeyer, defendant. (Action No. 3) (Index No. 26546/99) Glenn M. Homeyer, et al., appellants, v Gunning Business Machines, Inc., respondent. (Action No. 4) (Index No. 18566/01)
| ORDER ON APPLICATION |
Application by Gunning Business Machines, Inc., the respondent in Action No. 4., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on appeals from two orders of the Supreme Court, Nassau County, dated April 8, 2004, and December 6, 2004, respectively, and a judgment of the same court, dated January 11, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 5, 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
M32363
S/sl
|
2005-05232 Michelle Vanhelmond, respondent, v William Vanhelmond, appellant. (Index No. 5166/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 7, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 9, 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
M32378
R/nal
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-08773
Jeffrey Weisman, appellant, v Rosemarie Weisman, respondent.
(Index No. 17795/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated September 8, 2004, to authorize and direct the Clerk of Suffolk County to release to him funds in the sum of $4,000, that were posted as an undertaking pursuant to CPLR 5519 and CPLR 2502.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and the Clerk of Suffolk County is directed to release to the appellant or his agent funds in the sum of $4,000, which were posted as an undertaking pursuant to CPLR 5519 and CPLR 2502 in the above-entitled action.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32365
D/sl
|
2005-04505
Bijan Yazaemidi, appellant, v Jooel K. Kim, respondent. (Index No. 23624/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated February 18, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 13, 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
M32330
D/sl
|
2005-04727
Carol W. Zorn, appellant, v Rita K. Gilbert, etc., et al., respondents. (Index No. 08768/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated March 16, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until November 28, 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
M32359
S/sl
|
2005-06075
In the Matter of Luna Allen Denton, appellant, v City of Mount Vernon, et al., respondents. (Index No. 16274/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated May 2, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 23, 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
M32225
M/nal
|
2005-10115, 2005-10420 In the Matter of Quadell Donnile G. (Anonymous), a/k/a Quadell G. (Anonymous). Child Development Support Corporation, respondent; Latascha G. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Fantashia Eileen Doretha G. (Anonymous), a/k/a Fantashia G. (Anonymous), a/k/a Fantasia G. (Anonymous). Child Development Support Corporation, respondent; Latascha G. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-19675/04, B-19676/04)
| SCHEDULING ORDER |
Appeals by Latascha G. from two orders of the Family Court, Kings County, both dated September 8, 2005 (one as to each child). Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32366
D/sl
|
2005-04841
In the Matter of David Hill, et al., appellants, v Helen Rahmani, et al., respondents. (Index No. 16734/04)
| 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, Nassau County, dated April 26, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 10, 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
M32308
R/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2005-00494
In the Matter of Syed N. Hussaini, respondent, v Paul F. Romain, etc., et al., appellants.
(Index No. 29014/03)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 9, 2004, on the ground, inter alia, that the appellants are not aggrieved thereby (see CPLR 5511).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, on the grounds that the appellants are not aggrieved by the order dated December 9, 2004 (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
M32331
O/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2005-01616
In the Matter of Motor Network, Ltd., appellant, v Raymond P. Martinez, etc., respondent. (Index No. 015781/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated December 6, 2004, for leave to remove from the copies of the record on file with this court pages 209-248 constituting Exhibit N to the petition and for leave to file those pages as a separate exhibit under seal.
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 on or before November 25, 2005, the appellant shall remove pages 209-248 of the copies of the record on appeal on file with the office of the clerk of this court, and shall file 9 copies of those pages under seal.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32375
O/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-04275, 2005-05075, 2005-05080 In the Matter of Ashley P. (Anonymous). Charlotte W. (Anonymous), respondent; Kenneth P. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Charlotte W. (Anonymous), respondent, v Kenneth P. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Kenneth P. (Anonymous), petitioner, v Charlotte W. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. A-499-04, O-18778-04, V-23006-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate an appeal from an order of the Family Court, Suffolk County, dated April 8, 2005, with appeals from two orders of the same court dated April 20, 2005, and April 21, 2005, respectively, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until November 25, 2005, 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.
COZIER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32323
S/nal
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-10162, 2005-10163, 2005-10165, 2005-10166 In the Matter of Christopher P. (Anonymous). Westchester County Department of Social Services, respondent; Jessica P. (Anonymous), appellant. (Proceeding No. 1) (Docket No. A-9490-05) In the Matter of Alexander L. (Anonymous). Westchester County Department of Social Services, respondent; Jessica P. (Anonymous), appellant. (Proceeding No. 2) (Docket No. A-9473-05) In the Matter of Reyanldo Jose P. L. (Anonymous). Westchester County Department of Social Services, respondent; Jessica P. (Anonymous), appellant. (Proceeding No. 3) (Docket No. A-9494-05) In the Matter of Merrybeth P. L. (Anonymous). Westchester County Department of Social Services, respondent; Jessica P. (Anonymous), appellant. (Proceeding No. 4) (Docket No. A-9493-05)
| DECISION & ORDER ON MOTION |
Appeals by Jessica P. from four orders of Family Court, Westchester County, one entered September 13, 2005, and three entered September 15, 2005.
Now, on the court's own motion, it is
ORDERED that the appeals are dismissed, without costs or disbursements, as the appellant is not aggrieved by orders entered upon her consent (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
M32386
L/
|
2005-09581
In the Matter of Daniel S. (Anonymous), respondent; New York State Office of Mental Retardation and Developmental Disabilities, appellant. (Index No. 928/05)
| 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 September 15, 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
M32371
D/sl
|
2005-02562
In the Matter of Elizabeth P. Wang, deceased. Edward D. Wang, respondent; Lily Wang, et al., appellants. (Matter No. 1) (File No. 1496/99) Lily Wang, appellant, v Lisa Houck, et al., respondents. (Matter No. 2) (Index No. 2393/02)
| ORDER ON APPLICATION |
Separate applications by the appellants in Matter Nos. 1 and 2 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from a decree of the Surrogate's Court, Suffolk County, dated January 18, 2005.
ORDERED that the applications are granted and the appellants' time to perfect their respective appeals is enlarged until December 9, 2005, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32302
E/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2004-02147
The People, etc., respondent, v Hector Aguillar, appellant. (Ind. No. 4540/03)
| ORDER TO SHOW CAUSE |
Motion by the counsel assigned to represent the appellant on an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered March 5, 2004, to dismiss the appeal on the ground that the appellant has been deported.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the court's own motion the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit on that issue in the office of the Clerk of this court on or before December 9, 2005; and it is further,
ORDERED that the motion by the appellant's assigned counsel is held in abeyance in the interim; 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 by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32329
O/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-09031 The People, etc., respondent, v Gustavo Bedoya, appellant. (Ind. No. 3213/04)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Queens County, rendered June 29, 2005.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic, as the notice of appeal 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
M32303
E/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-00659, 2002-01425 The People, etc., respondent, v Rohan Bennett, appellant. (Ind. Nos. 01-00059, 01-01557)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two judgments of the County Court, Westchester County, both rendered December 17, 2001, in effect, to recall and vacate a decision and order on motion of this court dated September 21, 2005, which vacated a decision and order on motion of this court, dated April 13, 2005, granting the appellant's motion for leave to serve and file a supplemental pro se brief, and to enlarge the time to serve and file the supplemental brief.
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 decision and order on motion of this court dated September 21, 2005, is recalled and vacated, and the decision and order on motion of this court dated April 13, 2005, is reinstated; and it is further,
ORDERED that the appellant's supplemental brief submitted to the Clerk of this court is accepted for filing; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to the appellant's supplemental brief is enlarged until January 17, 20006, and the respondent's brief must 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
M32373
S/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-10488 The People, etc., respondent, v Anthony Daniels, appellant.
(Ind. No. 1007/04)
| DECISION & ORDER ON MOTION |
Application by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered October 25, 2004, to direct the court stenographer to transcribe the minutes of certain pretrial proceedings which occurred before the County Court, Suffolk County, on December 16, 2003, February 10, 2004, and February 27, 2004, under Indictment No. 1864/03, which was superseded by Indictment No. 1007/04.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the pretrial hearings which occurred in the above-entitled case on December 16, 2003, February 10, 2004, and February 27, 2004, under Indictment No. 1864/03, 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 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 assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
01 A 6141
354 Hunter Street
Ossining, New York 10562
Appellate Division: Second Judicial Department
M32334
O/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-07572 The People, etc., respondent, v Aly Dominique, appellant. (Ind. No. 2825N/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered July 23, 2002, and to substitute with assigned counsel of the appellant's choice.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
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
M32326
O/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2000-09533
The People, etc., respondent, v Jose Ferreiras, appellant. (Ind. No. 99-01562)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Westchester County, rendered August 24, 2000.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until December 16, 2005; 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
M32380
S/sl
|
2004-08322
The People, etc., respondent, v Donneil Hall, appellant. (Index No. 63/04)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered September 2, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 12, 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
M31672
F/
ROBERT J. LUNN, J.
|
2005-08264 The People, etc., plaintiff, v Maurice Hall, defendant. (Ind. No. 11336/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 25, 2005, 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.
ROBERT J. LUNN
Associate Justice
Appellate Division: Second Judicial Department
M32325
E/nal
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-01806
The People, etc., respondent, v William Nealy, appellant. (Ind. No. 973/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered July 22, 2003, for leave to file exhibits to the supplemental brief and to enlarge the time to serve and file 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 for leave to file exhibits to the supplemental brief is denied with leave to renew upon an affidavit specifying the exhibits to be added and the reasons why the exhibits are necessary; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file the supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before January 13, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32332
S/nal
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2005-08155
The People, etc., plaintiff, v Neville Whyte, defendant. (Ind. No. 761/96)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated July 11, 2005.
Now, on the court's own motion, it is
ORDERED that the motion is dismissed as the defendant died on September 20, 2005 (see People v Baker, 221 AD2d 551).
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32372
O/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2003-07095 The People, etc., respondent, v Dennis Williams, appellant. (Ind. No. 3825/02)
| DECISION & ORDER ON MOTION |
Appeal by Dennis Williams from a judgment of the Supreme Court, Queens County, rendered August 6, 2003. By order to show cause dated September 14, 2005, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the appellant has been deported and is no longer available to obey the mandate of the court.
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 on the ground that the appellant has been deported (see People v Wright 274 Ab2d 599).
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court