APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4667
S/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-08932 Akber Aziz, appellant, v Gulzar Aziz, respondent. (Index No. 202755/01)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated November 17, 2003, in the above-entitled case is amended by deleting from the decretal paragraph thereof the dates "January 6, 2004", "January 20, 2004", and "January 27, 2004", and substituting therefor the dates "January 16, 2004", "February 2, 2004", and "February 16, 2004", respectively.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4596
CF/
|
2003-06844 Binyon Realty, LLC, appellant, v Thomas Palmiotto, et al., respondents. (Index Nos. 17412/94, 14127/93)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated June 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M4588
CF/
|
2003-08394 Bridgeport Capital Services, Inc., et al., appellants, v New York University Medical Center, respondent. (Index No. 24314/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 11, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M4594
CF/
|
2003-05576 Elizabeth Cashman, respondent, v Hugh Cashman, appellant. (Index No. 15329/93)
| 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 May 27, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
M4592
CF/
|
2003-06236 Mark Cocozza, respondent, v Lorraine T. Cocozza, appellant. (Index No. 19706/02)
| 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 July 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
M4661
A/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-09442 Columbus Construction Company, Inc., appellant, v Crocco & DeMaio, P.C., et al., respondents.
(Index No. 11675/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered September 30, 2003, inter alia, to enjoin the respondents from representing Petrillo Builders Supply Co., Inc., in connection with a dispute between the appellant and Petrillo Builders Supply Co., Inc., pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4544
M/sl
|
2003-02682
Joanna D'Angelo, respondent, v Joseph C. Jarkovsky, et al., appellants. (Index No. 32555/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Kings County, dated February 24. 2003, and separate application by the appellants to enlarge the time to serve and file a reply brief.
ORDERED that the applications are granted; the respondent's time to file a brief is enlarged until November 21, 2003, and the appellants' time to serve and file a reply brief is enlarged until November 26, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4601
CF/
|
2003-05250 Richard D'Angelo, Jr., appellant, v Lexington Estates, Inc., et al., respondents. (Index No. 17525/02)
| 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 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
M4591
T/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-09717 Christine Degliuomini, respondent, v Beatrice Degliuomini, appellant. (Index No. 7230/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 16, 2003, to stay enforcement of the order, and, in effect, to stay any proceedings to hold the appellant in contempt for failing to comply with the order, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated July 16, 2003, and any proceedings to hold the appellant in contempt for failing to comply with the order, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 17, 2003; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 17, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4682
L/
SONDRA MILLER, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-02097 Essex Insurance Company, respondent, v Joseph Johnson, Jr., appellant, et al., defendants.
(Index No.1777/02)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated February 24, 2003.
Upon the stipulation of the attorneys for the respective parties, dated on or about October 2003, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
S. MILLER, J.P., FRIEDMANN, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4585
CF/
|
2003-04695 Catherine Fezza, appellant, v Town of Hempstead, et al., respondents. (Index No. 14957/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Nassau County, dated April 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
M4600
CF/
|
2003-05473 Zahari Sabah Fluxman, et al., respondents, v Iris Soloff, et al., appellants. (Index No. 42818/01)
| 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 May 27, 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
M4603
CF/
|
2003-05231
Peter Galasso, appellant, v Thomas Galasso, et al., respondents. (Index No. 2234/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated April 9, 2003.
Upon the stipulation of the parties, dated September 25, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4604
CF/
|
2003-05232
Peter Galasso, appellant, v Thomas Galasso, et al., respondents. (Index No. 10421/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated April 15, 2003.
Upon the stipulation of the parties, dated September 25, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4586
CF/
|
2002-10530 Geo-Tech Construction Corporation, appellant, v Carle Place Union Free School District, respondent. (Index No. 8449/01)
| 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 October 11, 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
M4590
E/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-09382
Jamroc Café, Inc., appellant, v Incorporated Village of Hempstead, respondent.
(Index No. 13305/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for a preliminary injunction to enjoin the respondent from suspending its business license, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 17, 2003, and cross motion by respondent to dismiss the appeal on the ground that it has been rendered academic.
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 is denied; and it is further,
ORDERED that the cross motion is denied without prejudice to raising the issue in the respondent's brief.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4625
O/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-06022 Key Bank National Association, respondent, v Harry L. Stern, appellant, et al., defendants. (Index No. 6374/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Rockland County, dated May 27, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4535
M/mv
|
2003-03863, 2003-04602 Lucille Lerner, appellant, v Arlene Kahn, etc., et al., respondents. (and another title) (Index No. 7523/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Rockland County, dated April 9, 2003, and May 3, 2003, respectively.
ORDERED that the application is granted and the appellant's time to perfect the appeals is enlarged until December 19, 2003, and the record or appendix on the appeals 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
M4580
A/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2001-05485 Diane Maggiore, et al., respondents, v 269 North Broadway Associates, appellant, Warburton Hudson Realty Corp., et al., respondents (and a third-party action). (Action No. 1) (Index No. 19273/98) Allendale Mutual Insurance Company, etc., plaintiff-respondent, v Incorporated Village of Dobbs Ferry, et al., defendants-respondents, 269 North Broadway Associates, appellant. (Action No. 2) (Index No. 3601/99) Patricia Cullinane, plaintiff-respondent, v 269 Broadway Associates, appellant, Village of Dobbs Ferry, et al., defendants- respondents. (Action No. 3) (Index No. 3860/99) Kenneth Abato, plaintiff-respondent, v Molly Rosenkampff, et al., defendants- respondents, 269 North Broadway Associates, appellant. (Action No. 4) (Index No. 2570/99) (and related actions)
| DECISION & ORDER ON MOTION |
Motion by the appellant, 269 North Broadway Associates, to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered May 18, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4587
CF/
|
2003-07847 Louis Mari, appellant, v Mary Mari, respondent. (Index No. 1560/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a decision of the Supreme Court, Orange County, dated July 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
M4511
T/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-05928 NYCTL 1997-1 Trust, et al., respondents, v Moises Vila, appellant, et al., defendants. (Index No. 45357/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, March 27, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4609
CF/
|
2003-06300 Christopher J. Pittsley, plaintiff, John A. Ferrante, plaintiff-appellant, v Joyce Jessup, et al., defendants-respondents. (Index No. 14548/00)
| 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 June 27, 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
M4608
CF/
|
2003-06601 Lynn M. Reed, appellant, v Alexander L. Anderson III, et al., respondents. (Index No. 575/03)
| 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 July 1, 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
M4595
C/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-01853 Carmen Rodriguez, etc., respondent, v Sixth President, Inc., appellant. (Index No. 45539/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 3, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending the hearing and determination of the appeal.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4597
CF/
|
2003-05161 Sang Soon Lee, respondent, v P.M. Strongylis, appellant. (Index No. 12200/02)
| 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 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
M4602
CF/
|
2003-06950 William Schlenker, et al., respondents, v Telemark Construction, Inc., appellant. (Index No. 9793/00)
| 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 June 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
M4611
CF/
|
2003-06034 Stephanie Steinhauser, etc., respondent, v Randy Steinhauser, appellant. (Index No. 1681/98)
| 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 July 11, 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
M4615
C/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-09749 Christopher Storms, et al., plaintiffs-respondents, v Dominican College of Blauvelt, defendant, Fred L. Holt, Inc., d/b/a Fred Holt Construction, defendant third-party plaintiff-respondent; Schaeffer Construction Co., third-party defendant; Selective Insurance Company of America, proposed intervenor-appellant. (Index No. 187/97)
| DECISION & ORDER ON MOTION |
Motion by the proposed intervenor-appellant, inter alia, to stay all proceedings in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated September 23, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4598
CF/
|
2003-09552 Ellen Teller, et al., respondents, v David M. Wolf, defendant, Mid-Valley Oil Company, d/b/a Xtra Mart, appellant. (Index No. 8365/01)
| 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 September 11, 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
M4607
O/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-01359, 2003-03098, 2003-06406 Rosemary Toriola, appellant, v Joseph Kahen, et al., respondents. (Index No. 18568/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated August 19, 2003, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant, inter alia, for leave to prosecute appeals from three orders of the Supreme Court, Queens County, dated January 2, 2003, February 20, 2003, and April 29, 2003, respectively, as a poor person, to waive the filing fee, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal from the order dated April 29, 2003, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeals from the orders dated January 2, 2003, and February 20, 2003, on the original papers is granted; and it is further,
ORDERED that those appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the 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 for an enlargement of time is granted and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the briefs on the appeals is enlarged until December 1, 2003; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., H. MILLER, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4605
CF/
|
2003-01760 David Wolf, respondent, v National Council of Young Israel, et al., appellants. (Index No. 10670/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated January 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
M4593
CF/
|
2003-03957 Christopher Yackel, respondent, v William Konczynin, etc., appellant. (Index No. 28649/98)
| 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 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
M4589
CF/
|
2003-05732, 2003-05734 Signy Zetterstrom, appellant, v Beth Israel Medical Center, et al., respondents. (Index No. 5430/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw two appeals from an order of the Supreme Court, Kings County, dated April 11, 2003, and a judgment of the same court entered May 20, 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 appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4652
A/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-05650 In the Matter of Juan Manuel Ortiz Alvear, appellant, v Brian D. Travis, etc., respondent. (Index No. 1100/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated April 30, 2003, as a poor person, and for the assignment of counsel.
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 for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge, for the assignment of counsel, and to waive the filing fee are denied; and it is further,
ORDERED that on the court's own motion 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 January 12, 2004.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4658
A/sl
SONDRA MILLER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
1999-11412 In the Matter of Shawn B. (Anonymous), appellant. (Docket No. D-14711/99)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to dismiss an appeal from an order of disposition of the Family Court, Kings County, dated November 30, 1999, upon the death of appellant on October 10, 2001.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is granted, the appeal is dismissed, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent with People v Mintz (20 NY2d 770).
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3937
A/mv
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-05963 In the Matter of Baby Boy C. (Anonymous). Administration for Children's Services, respondent; Douglas B. (Anonymous), appellant. (Docket No. B-16071/01)
| DECISION & ORDER ON MOTION |
Appeal by Douglas B. from an order of the Family Court, Kings County, dated April 25, 2003. By order to show cause dated September 24, 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 a scheduling order dated August 12, 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 motion is denied; and it is further,
ORDERED that the appellant's time to comply with the scheduling order dated August 12, 2003, is enlarged until December 19, 2003.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4606
CF/
|
2003-04980 In the Matter of CTJ Realty Corp., appellant, v Robert Cardinale, et al., respondents. (Index No. 16558/02)
| 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 April 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
M4481
M/mv
|
2002-02413
In the Matter of Linda Cook, respondent, v Scott Rabinowitz, appellant. (Docket Nos. V-955-01, V-956-01, V-3359-01)
| SCHEDULING ORDER |
Appeal by Scott Rabinowitz from an order of the Family Court, Suffolk County, entered February 4, 2002. The appellant's brief was filed in the office of the Clerk of this court on September 5, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 22, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent and the law guardian, if any, to serve and file a brief in the above-entitled appeal is enlarged until December 19, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4433
M/mv
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2003-00108
In the Matter of Ch'Tara D. (Anonymous), appellant. (Docket No. D-07704/02)
| ORDER TO SHOW CAUSE |
Appeal by the juvenile from an order of the Family Court, Queens County, dated December 12, 2002. No steps have been taken to perfect the appeal. On the court's own motion, it is
ORDERED that the appellant and the other parties to this appeal or their counsel show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York 11201, on December 5, 2003, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the appellant and the other parties, including the Law Guardian, if any, to this appeal, or their counsel, by regular mail.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4643
S/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-08771 In the Matter of Nyomi D. (Anonymous), et al. Suffolk County Department of Social Services, a/k/a Suffolk County Department of Child Protective Service, petitioner-respondent; Edward D. (Anonymous), appellant; et al., respondent. (Docket Nos. NN-1639/03, NN-1640/03, NN-1641/03, NN-1642/03, NN-1643/03, NN-1644/03, NN-1722/03, NN-1723/03, NN-6600/03, NN-6603/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated October 24, 2003, in the above-entitled proceeding is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant on an appeal from an order of the Family Court, Suffolk County, entered September 30, 2003, to vacate the order on the ground that the order was issued without a hearing, and to remit the matter to the Family Court, Suffolk County, for a hearing.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4409
M/mv
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
SANDRA L. TOWNES
WILLIAM F. MASTRO, JJ.
|
2001-02376
In the Matter of Dylan H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Patrick H. (Anonymous), appellant, et al., respondent. (Docket No. N-1707/99)
| ORDER TO SHOW CAUSE |
Appeal by Patrick H. from an order of the Family Court, Suffolk County, dated February 6, 2001. No steps have been taken to perfect the appeal. On the court's own motion, it is
ORDERED that the appellant and the other parties to this appeal or their counsel show cause before this court, at the courthouse thereof, located at 45 Monroe Place, Brooklyn, New York 11201, on December 5, 2003, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the appellant and the other parties, including the Law Guardian, if any, to this appeal, or their counsel, by regular mail.
GOLDSTEIN, J.P., ADAMS, TOWNES and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4360
M/mv
|
2002-06537 In the Matter of Jahmir Domevlo J. (Anonymous). Department of Social Services, respondent; Kimberly B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jaiyeola Akintunde DaMilare J. (Anonymous). Department of Social Services, respondent; Kimberly B. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-854-02, B-855-02)
| SCHEDULING ORDER |
Appeal by Kimberly B. from order of the Family Court, Nassau County, dated June 20, 2002. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 25, 2003, in the above-entitled proceeding is amended to provide 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 the brief on the appeal is enlarged until December 5, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4670
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2002-10957
In the Matter of Elizabeth James, appellant, v Dan Hickey, respondent. (Docket No. V-8139/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings to adopt the subject child, pending hearing and determination of an appeal from an order of the Family Court, Suffolk County, entered November 14, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4599
CF/
|
2003-08122 In the Matter of Jacob Josefs, respondent, v Alexander Josefs, appellant. (Docket No. V-15090-01)
| 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 August 5, 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
M4396
M/mv
|
2003-02724 In the Matter of Don Lane, appellant, v Margaret Lane, respondent. (Docket No. F-01804-98)
| SCHEDULING ORDER |
Appeal by Don Lane from an order of the Family Court, Westchester County, dated February 20, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated April 9, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to serve and file the brief on the appeal is enlarged until December 5, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4612
S/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2003-03992, 2003-06223 In the Matter of Robert F. Meehan, et al., respondents, v County of Westchester, et al., appellants, et al., defendant. (Index No. 18893/20) | DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated September 25, 2003, in the above-entitled matter is amended by deleting from the preamble thereof the words "entered June 16, 2003", and substituting therefor the words "dated March 28, 2003".
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4485
M/mv
|
2002-03657 In the Matter of Jeremiah Millan, appellant, v Beatriz Vargas, respondent. (Docket Nos. V-10203-98, V-10204-98)
| SCHEDULING ORDER |
Appeal by Jeremiah Millan from an order of the Family Court, Kings County, dated March 14, 2002. The appellant's brief was filed in the office of the Clerk of this court on April 9, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 20, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until December 19, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4613
C/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-05279 In the Matter of Michael Murphy, appellant, v New York State Board of Parole, respondent. (Index No. 4924/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated April 24, 2003, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that those branches of the motion which are for a copy of the transcript without charge and to waive payment of the filing fee, and for the assignment of counsel are denied; and it is further,
ORDERED that on the court's own motion, 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 January 8, 2004.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4610
CF/
|
2003-05093 In the Matter of Donald E. Olish, et al., appellants, v Patrick A. Heaney, et al., respondents. (Index No. 25505/02)
| 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 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
M4483
M/mv
|
2001-05906 In the Matter of Lucrecia Ortiz, appellant, v Gina Ortiz, respondent. (Docket No. V-21433-96)
| SCHEDULING ORDER |
Appeal by Lucrecia Ortiz from an order of the Family Court, Kings County, dated May 25, 2001. The appellant's brief was served and filed on April 24, 2003, and the original papers were filed in the office of the Clerk of this court on May 29, 2003, and July 18, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 20, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until December 12, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4482
M/mv
|
2002-11383 In the Matter of Andrew Skratt, et al., respondents, v Felicia Henry, appellant. (Docket No. V-20129-01)
| SCHEDULING ORDER |
Appeal by Felicia Henry from an order of the Family Court, Kings County, dated December 2, 2002. The appellant's brief was filed in the office of the Clerk of this court on September 3, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 5, 2003, in the above-entitled proceeding is amended to provide that the law guardian's time to serve and file a brief in the above-entitled appeal is enlarged until December 26, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4639
Y/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-04868 In the Matter of Susan Wahlberg, petitioner, v Edward Rudden, respondent; Laura G. Shulman, nonparty-appellant. (Docket No. V-2907/02)
| DECISION & ORDER ON MOTION |
Motion by Susan Wahlberg to have Laura G. Schulman, Esq., assigned as counsel to represent her on an appeal from an order of the Family Court, Dutchess County, entered April 29, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that nonparty, Laura G. Shulman, named as the appellant in the notice of appeal, is not aggrieved by the order appealed from (see Scopelliti v Town of New Castle, 92 NY2d 944); and it is further,
ORDERED that the motion is denied as academic.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4614
E/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
1998-09383 The People, etc., respondent, v John C. Bailey, Jr., appellant. (Ind. No. 137-98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered September 29, 1998, to recall and vacate a decision and order on motion of this court dated July 29, 2003, which recalled and vacated a decision and order on motion dated April 29, 2002, 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 a supplemental brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the decision and order on motion dated July 29, 2003 is recalled and vacated, and the appellant's supplemental pro se brief shall be served and filed on or before January 5, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that no further enlargements of time shall be granted.
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4641
S/sl
MYRIAM J. ALTMAN, J.P.
ANITA R. FLORIO
WILLIAM D. FRIEDMANN
HOWARD MILLER, JJ.
|
2003-08826 The People, etc., respondent, v Paul Bell, appellant. (Ind. No. 00-0867)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order dated November 3, 2003, in the above-entitled case is amended by deleting from the preamble thereof the words "Supreme Court, Richmond County", and substituting therefor the words "County Court, Westchester County".
ALTMAN, J.P., FLORIO, FRIEDMANN and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4680
E/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
1998-02722
The People, etc., respondent, v Jose Ramon, appellant. (Ind. No. 11576/97)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel, in effect, to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 23, 1998, and to withdraw the appeal. By order to show cause dated August 20, 2003, the appellant was directed to show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on September 26, 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 the motion was held in abeyance in the interim.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto or in response to the order to show cause, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appeal is dismissed as abandoned (see 22 NYCRR 670.8[f]).
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk