SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4843
Y/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
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2003-02216 Frank Annunziata, appellant, v Jeanne Mahoney, etc., et al., respondents. (Index No. 14903/99)
| DECISION & ORDER ON MOTION |
Motion by the respondents to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated February 14, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until December 22, 2003, and the respondents' 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.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4791
A/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-11518
Albert G. Berkowitz, et al., appellants, v Richard Capuano, etc., et al., respondents. (Index No. 26211/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants pro se to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 15, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until December 30, 2003, and the record or appendix on the appeal and the appellants' 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.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4831
M/sl
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2003-04086
Anthony Campagna, et al., respondents, v Julie Arleo, et al., appellants, et al., defendants. (Index No. 4106/01)
| 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 March 21, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 5, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4819
M/sl
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2003-04254
Elinor Ann DiGiorgio, respondent-appellant, v City of New York, et al., defendants, Fred Passarella, appellant-respondent. (Index No. 20595/99)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated January 27, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until December 17, 2003, and the joint record 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.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4826
S/sl
|
2003-03101
Arlene Fernandes, appellant, v Ronald Jamron, et al., respondents.
(Index No. 3394/98)
| 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 an order of the Supreme Court, Suffolk County, dated February 24, 2003.
ORDERED that the application is granted and the reply brief submitted to the Clerk of this court is accepted for filing.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4792
A/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
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2003-01883
Hannah Fine, respondent, v Lawrence Fine, appellant. (Index Nos. 42/91, 7598/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se for leave to defend an appeal from an order of the Supreme Court, Queens County, dated November 25, 2002, as a poor person, for the assignment of counsel, to waive the filing fee for this motion, and to enlarge her time to serve and file her brief.
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 enlarge the respondent's time to serve and file a brief is deemed an application pursuant to 22 NYCRR 670.8(d)(2), the application is granted, and the respondent's time to serve and file her brief on the appeal is enlarged until January 8, 2004; and it is further,
ORDERED that the branch of the motion which is to waive the filing fee for this motion is denied as unnecessary (see CPLR 8022, as amended by Section 27 of Bill A-2106B); and it is further,
ORDERED that the branch of the motion which is for leave to defend the appeal as a poor person and for the assignment of counsel is denied.
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4786
S/sl
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2003-04344
405 44th Street Realty Co., respondent, v 168 Fortune Realty, Inc., et al., defendants; Naftoli Weber, nonparty-appellant. (Index No. 23960/01)
| 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, Kings County, dated April 1, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4790
A/sl
FRED T. SANTUCCI, J.P.
NANCY E. SMITH
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
WILLIAM F. MASTRO, JJ.
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2002-07715 Marie Guastella, appellant, v Charles L. Emma, et al., respondents. (Index No. 201918/00)
| DECISION & ORDER ON MOTION |
Separate motions by the respondent Charles L. Emma and the respondent Bernard Guastella, in effect, for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated July 17, 2002, which was determined by decision and order of this court dated June 2, 2003, and upon reargument, to recall and vacate the provision of the decision and order dated June 2, 2003, which awarded the appellant costs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied, with two bills of $100 costs.
SANTUCCI, J.P., SMITH, LUCIANO, SCHMIDT and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4842
Y/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-03104
Seleh Haggagi, respondent, v Ali Hassan, appellant. (Index No. 25975/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated November 7, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 22, 2003, and the respondent'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.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4788
S/sl
|
2003-06679
Jules Hoffman, respondent-appellant, v Cheryl Unterberg, et al., appellants-respondents. (Index No. 47408/99)
| ORDER ON APPLICATION |
Application by the appellants-respondents and the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 17, 2003.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before December 1, 2003 (see 22 NYCRR 670.8[c][3]), the appellants-respondents shall serve and file their reply brief on or before December 22, 2003, and the respondent-appellant shall serve and file its reply brief on or before January 5, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4825
S/sl
|
2003-02383
HomeFirst, Inc., f/k/a Transamerica HomeFirst, Inc., appellant, v Peter Antonaros, et al., respondents. (Index No. 385/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated October 28, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 5, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4787
S/sl
|
2003-01682
Internet Homes, Inc., appellant, v Joseph Vitulli, et al., respondents. (Index No. 25939/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 27, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 1, 2003, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4829
M/sl
|
2003-02257
Katina, Inc., et al., appellants, v Nicholas C. Famiglietti, et al., respondents. (Index No. 31967/98)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered January 27, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 5, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4844
Y/sl
GLORIA GOLDSTEIN, J.P.
STEPHEN G. CRANE
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-08516 Gloria Kingston, respondent, v Brookdale Hospital Medical Center, defendant, Unni Moopan, appellant. (Index No. 35971/90)
| DECISION & ORDER ON MOTION |
Motion by the respondent to take judicial notice of certain material on an appeal from an order of the Supreme Court, Kings County, dated May 31, 2002. Cross motion by the appellant to strike the respondent's brief on the ground that it refers to material dehors the record.
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 granted, and the respondent's brief is deemed stricken.
GOLDSTEIN, J.P., CRANE, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4785
M/sl
|
2003-07183
Alisa Lifshitz, etc., et al., plaintiffs appellants- respondents, v Beth Israel Medical Center-Kings Highway Division, defendant, August A. Ferola, defendant appellant-respondent, Angelo R. Rubano, et al., defendants-respondents. (Index No. 23221/01)
| ORDER ON APPLICATION |
Separate appeals by the plaintiffs and the defendant August A. Ferola from an order of the Supreme Court, Kings County, dated July 23, 2003.
ORDERED that on or before December 31, 2003, the defendants-respondents Angelo R. Rubano and Martin Rosen shall serve and file their respective respondents' briefs on the plaintiffs' appeal, and the plaintiffs shall serve and file their respondents' brief on the appeal of the defendant August A. Ferola; and it is further,
ORDERED that the reply briefs, if any, shall be served and filed in accordance with the rules of the court.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4794
E/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-08837 David Mahler, respondent, v Black Box Corporation, appellant. (Index No. 6336/03)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered September 19, 2003, on the ground that the appellant waived its right to appellate review of the issues raised on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied without prejudice to the respondent raising the issue in his brief.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4832
M/sl
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2003-05087
Ralph Neama, et al., respondents, v Town of Babylon, et al., appellants, (Index No. 07393/96)
| 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, Suffolk County, dated May 14, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 20, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4821
S/sl
|
2003-00682
Ellen Oquendo, respondent, v Wilfredo Oquendo, appellant. (Index No. 202812/02)
| 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, Nassau County, dated December 18, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 6, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4827
S/sl
|
2003-02871
Plumbers & Pipefitters Local 112 Pension Fund, etc., appellant, v David Brooks, et al., respondents. (Index No. 16012/02)
| 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, Nassau County, dated March 6, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4833
M/sl
|
2003-04160
Terry Santiago, et al., respondents, v John J. Lease, et al., appellants. (Index No. 3179/99)
| 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 April 1 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 5, 2003, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4830
M/sl
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2003-02532
Transfer Online, Inc., appellant, v Sickbay Health Media, Inc., respondent. (Index No.07398/02)
| 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 February 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 17, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4789
S/sl
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2003-04900
Irene Williams, respondent, v City of White Plains, appellant, et al., defendants. (Index No. 15924/00)
| 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, Westchester County, dated April 15, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 10, 2003, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4799
S/sl
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2003-02835
Luis Zhuzhingo, plaintiff respondent-appellant, v State Bank and Trust Company, et al., defendants third-party-plaintiffs appellants-respondents, 38-50 Realty Corp., defendant third-party-defendant appellant-respondent, AG&G Construction Corp., defendant appellant-respondent, Anthony I. Pilavas, defendant third-party defendant appellant-respondent, Waves Car Wash, et al., defendants-respondents (and a related action). (Index No. 200/00)
| ORDER ON APPLICATION |
ORDERED that the order on application of this court dated September 22, 2003, in the above-entitled case is amended by deleting from the last decretal paragraph thereof the date "April 26, 2003", and substituting therefor the date "April 26, 2004".
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4795
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-01607
In the Matter of Anthony Winston Agard, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Anthony Winston Agard, respondent.
| DECISION & ORDER ON MOTION |
By decision and order on motion of this court dated July 29, 2002, the respondent was suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(I), upon a finding that he was guilty of professional misconduct immediately threatening the public interest in that he failed to comply with the lawful demands of the Grievance Committee. In that decision and order on motion, the Grievance Committee was authorized to institute and prosecute a disciplinary proceeding against the respondent based on the petition annexed to its order to show cause, the issues raised were referred to the Honorable Moses M. Weinstein, as Special Referee to hear and report, and the respondent was specifically directed to submit an answer within 10 days.
By decision and order on motion of this court dated January 13, 2003, the Grievance Committee's motion for a default judgment was denied and, on the court's own motion, the respondent was directed to be examined expeditiously by a qualified medical expert to determine whether he is incapacitated from continuing to practice law, pursuant to 22 NYCRR 691.13(b)(1), and the disciplinary proceeding was held in abeyance pending receipt of the medical expert's report. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 13, 1978.
Upon the report of the designated medical expert, it is
ORDERED that on the court's own motion, the respondent is also suspended pursuant to 22 NYCRR 691.13, for an indefinite period and until further order of the court, on the ground that he is incapacitated from continuing to practice law; and it is further
ORDERED that the previously authorized disciplinary proceeding continue to be held in abeyance pending termination of the respondent's disability.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4556
M/mv
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2003-06384
In the Matter of Carlos Campuzano, appellant, v Maria Del Pilar Chaves Munoz, respondent. (Docket No. V-12046/03,V-13035/01)
| SCHEDULING ORDER |
Appeal by Carlos Campuzano from an order of the Family Court, Kings County, dated July 8, 2003. By decision and order of this court dated September 11, 2003, as amended by decision and order dated September 30 2003, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied, with leave to renew on or before October 20, 2003. The motion has not been renewed. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (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 appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M4558
M/mv
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2003-01635 In the Matter of Liliana Christian, respondent, v Gary M. Christian, appellant. (Docket No. F-05543-02)
| SCHEDULING ORDER |
Appeal by Gary M. Christian from an order of the Family Court, Westchester County, dated January 23, 2003. The appellant's brief was filed in the office of the Clerk of this court on July 7, 2003. By decision and order of this court dated October 30, 2003, the following attorney was assigned to represent the respondent on the appeal:
Joan A. Moo Young, Esq.
180 South Broadway - Suite 203
White Plains, New York 10605
(914) 761-0241
Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the respondent's brief in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4497
M/mv
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2002-11028
In the Matter of Carmen Dotson, respondent, v James Dotson, appellant. (Docket No. F-7472/99C)
| ORDER TO SHOW CAUSE |
Appeal by James Dotson from an order of the Family Court, Kings County, dated September 30, 2002. By scheduling order dated June 27, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated June 27, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 12, 2003; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4828
S/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-03946 In the Matter of Irene Fatigati, respondent, v Gregory Fatigati, appellant. (Docket No. F-1242-89)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ODERED that its decision and order dated November 3, 2003, in the above-entitled proceeding is recalled and vacated, and the following decision and order is substituted therefor:
Appeal by Gregory Fatigati from an order of the Family Court, Suffolk County, dated March 28, 2003. In response to a scheduling order of this court dated May 28, 2003, counsel for the appellant informed this court, by affirmation filed June 30, 2003, that there were no minutes to be transcribed to perfect the appeal in the above-entitled proceeding. By scheduling order dated August 18, 2003, the appellant was directed 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 on or before September 30, 2003.
The appellant failed to perfect the appeal.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the scheduling order dated August 18, 2003.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4557
M/mv
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2000-11572 In the Matter of Lynn E. Fegadel-Anderson, appellant, v James B. Anderson, respondent. (Docket No. V-1576-99)
| SCHEDULING ORDER |
Appeal by Lynn E. Fegadel-Anderson from an order of the Family Court, Orange County, dated October 19, 2000. The appellant's brief was filed in the office of the Clerk of this court on June 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 June 25, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent 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
M4568
M/mv
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2002-05205 In the Matter of David Foster, petitioner- respondent, v Nassau County Department of Social Services, et al., respondents-respondents, Arkadius Henry, appellant. (Docket Nos. V-2472-01, V-2473-01, V-2474-01)
| SCHEDULING ORDER |
Appeal by Arkadius Henry from an order of the Family Court, Nassau County, dated May 3, 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 June 26, 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 19, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4559
M/mv
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2002-09887 In the Matter of Sofia G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-2370-02) In the Matter of Estaban G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-2371-02) In the Matter of Christian G. (Anonymous). Administration for Children's Services, respondent; Sofia G. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-2372-02)
| SCHEDULING ORDER |
Appeal by Sofia G. from an order of the Family Court, Richmond County, dated September 25, 2003. By decision and order on motion of this court dated October 30, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 30, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4560
M/mv
|
2002-09760 In the Matter of Emmanuel Gonzalez, respondent, v Sofia Gonzalez, appellant. (Docket No. V-02331-3/02)
| SCHEDULING ORDER |
Appeal by Sofia Gonzalez from an order of the Family Court, Richmond County, dated September 25, 2002. By decision and order on motion of this court dated October 30, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Carol Kahn, Esq.
225 Broadway - Suite 1515
New York, New York 10007
(212) 227-0206
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 30, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4567
M/mv
|
2003-06668, 2003-06669
In the Matter of Frank E. Hauser, respondent, v Maria Lopez, appellant. (Docket Nos. V-03886-94, V-03887-94, O-2847-03)
| SCHEDULING ORDER |
Appeals by Maria Lopez from two orders of the Family Court, Westchester County, dated June 26, 2003, and June 27, 2003, respectively. By decision and order on motion of this court dated October 30, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Charles K. McGoey, Esq.
271 North Avenue - Suite 102
New Rochelle, New York 10801
(914) 633-5593
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 30, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M4561
M/mv
|
2003-08074
In the Matter of Christian T. L. (Anonymous), appellant. (Docket No. D-1461/03)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Suffolk County, dated August 14, 2003. By decision and order on motion of this court dated October 30, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
Henry J. Neale, Jr., Esq.
222 Mamaroneck Avenue
White Plains, New York 10605
(914) 997-7575
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 30, 2003, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4555
M/mv
|
2003-08261, 2003-08262 In the Matter of Oscar L. (Anonymous). Sheltering Arms Children's Services, petitioner- respondent; Laurentino L. (Anonymous), appellant, et al., respondent. (Proceeding No. 1)
(Docket No. B-435/00) In the Matter of Odalis L.-C. (Anonymous). Sheltering Arms Children's Services, petitioner- respondent; Laurentino L. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket No. B-436/00)
| SCHEDULING ORDER |
Appeals by Laurentino L. from two orders of the Family Court, Queens County, both dated August 14, 2003. By decision and order on motion of this court dated October 30, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Larry S. Bachner, Esq.
125-10 Queens Blvd - Suite 2704
Kew Gardens, New York 11415
(718) 261-7600
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 either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 30, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4566
M/mv
|
2003-05074
In the Matter of Jenette Rey, appellant, v Sylvester Spinetta, Jr., respondent. (Docket No. V-1377-02)
| SCHEDULING ORDER |
Appeal by Jenette Rey from an order of the Family Court, Richmond County, dated May 2, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 27, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
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
M4562
M/mv
|
2003-05374, 2003-05384
In the Matter of Nathaniel S. (Anonymous), appellant. (Docket No. D-15946/01)
| SCHEDULING ORDER |
Appeals by the juvenile from two orders of the Family Court, Queens County, dated April 7, 2003, and May 29, 2003, respectively. By decision and order on motion of this court dated October 30, 2003, the appellant's motion to dispense with printing and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeals:
Richard Cardinale, Esq.
26 Court Street - #600
Brooklyn, New York 11242
(718) 624-9391
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated October 30, 2003, has been served upon the clerk of the court from which the appeals are taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should not be dismissed.
ENTER:
James Edward Pelzer
Clerk
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
M4823
S/sl
|
2003-03500
In the Matter of 294 Grand Avenue Grocery Corp., petitioner, v New York State Liquor Authority, respondent. (Index No. 49548/02)
| ORDER ON APPLICATION |
Application by the petitioner pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated April 1, 2003.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until January 15, 2004, and the record or appendix on the proceeding and the petitioner's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4818
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2000-05688 The People, etc., respondent, v Edwin Arroyo, appellant. (Ind. No. 99-01153)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered May 8, 2000.
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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4822
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1994-04194, 1994-04195, 1994-04196 The People, etc., respondent, v Ravon Beswick, appellant. (Ind. Nos. 10503/90, 11180/90, 12983/90)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned appeals from three judgments of the Supreme Court, Kings County, all rendered May 2, 1994.
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 appeals are dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4807
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1996-00826 The People, etc., respondent, v William Bradley, appellant. (Ind. No. 8614/95)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered January 5, 1996.
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 and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4838
F/
FRED T. SANTUCCI, J.
|
2003-07545
The People, etc., plaintiff, v Michael Brownlee, defendant. (Ind. No. 2234/91)
| 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 9, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4809
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1996-06476 The People, etc., respondent, v Kevin Francis, appellant. (Ind. No. 694/95)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered June 16, 1996.
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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4808
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
1995-10337 The People, etc., respondent, v Jerrold Hertz, appellant. (Ind. No. 1540/95)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered October 26, 1995.
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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4793
E/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-05248
The People, etc., respondent, v Edwin Larios, appellant. (Ind. No. 1447/01)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered May 17, 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 with leave to renew if the appellant does not move for leave to prosecute the appeal as a poor person and for the assignment of counsel on or before December 31, 2003.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4820
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2000-04552 The People, etc., respondent, v James Michaels, appellant. (Ind. No. 99-00199)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered April 11, 2000.
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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4806
M/sl
|
2002-08342
The People, etc., respondent, v James Moller, appellant. (Ind. No. 2650/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the County Court, Nassau County, rendered July 1, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 15, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4815
F/
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2002-03470 The People, etc., respondent, v Mark N. Petrisch, appellant. (Ind. No. 2390-00)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered March 18, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4841
Y/sl
A. GAIL PRUDENTI, P.J.
SONDRA MILLER
HOWARD MILLER
THOMAS A. ADAMS, JJ.
|
2000-11486
The People, etc., respondent, v Stevie P. Robinson, appellant. (Ind. No. 2/00)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered December 7, 2000.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., S. MILLER, H. MILLER and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
Appellant's address:
00-A-6830
Green Haven Correctional Facility
Box 4000
Stormville, N.Y. 12582
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4836
F/
FRED T. SANTUCCI, J.
|
2003-08344
The People, etc., plaintiff, v Milton Thompson, defendant. (Ind. No. 96-00059)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the County Court, Westchester County, dated July 10, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
FRED T. SANTUCCI
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4824
Y/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
STEPHEN G. CRANE, JJ.
|
2003-09607 The People, etc., ex rel. James V. Hill, o/b/o Hai Kim Nguyen, appellant, v Frank Tracy, Superintendent, etc., respondent. (Ind. No. 37/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the County Court, Dutchess County, dated October 28, 2003, pending the hearing and determination of an appeal therefrom, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that pursuant to statute (see CPLR 1102[b]), the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant's attorney and file the other with the Clerk of the trial court together with an affidavit of the fact and date of such delivery and filing; the appellant's counsel is directed to turn over said transcripts to the respondent when counsel serves the appellant's brief upon respondent, and it is further,
ORDERED that pursuant to statute (Judiciary Law § 35), the following named attorney is assigned as counsel to prosecute the appeal:
David S. Goodman, Esq.
22 Market St.
Poughkeepsie, New York 12601
and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that if a trial or hearing was held, the appellant's counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken; and it is further,
ORDERED that payment of the filing fee is waived; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., FRIEDMANN, TOWNES and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk