Appellate Division: Second Judicial Department
M32639
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2005-03078
Bank of New York, etc., appellant, v James Plantz, Sr., etc., et al., respondents, et al., defendants. (Index No. 14593/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated January 30, 2005.
Upon the stipulation of the attorneys for the respective parties, dated November 18, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32635
E/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
ROBERT J. LUNN
MARK C. DILLON, JJ.
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| 2004-10236, 2004-10237 DECISION & ORDER ON MOTION Doris L. Sassower, P.C., appellant, v Beverly Girardi, respondent. (Action No. 1) (Index No. 16335/90) Beverly Girardi, respondent, v Doris L. Sassower, et al., appellants. (Action No. 2) (Index No. 6303/00) |
Motion by the appellants to enlarge the time to perfect appeals from an order of the Supreme Court, Westchester County, entered July 2, 2004, and a judgment of the same court also entered July 2, 2004.
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 appeals is enlarged until January 20, 2006, and the record or appendix on the appeals 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.
ADAMS, J.P., RIVERA, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32602
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2005-03246 Muriel Feller, respondent, v Irene Davis, appellant, et al., defendants. (Appeal No. 1) (Index No. 28359/03) 2005-07424 Barbara Goldstein, respondent, v Irene Davis, appellant, et al., defendants. (Appeal No. 2) (Index No. 8323/04)
| DECISION & ORDER ON MOTION |
Appeals by Irene Davis from two orders of the Supreme Court, Queens County, dated February 17, 2005, and June 9, 2005, respectively. By order to show cause dated October 11, 2005, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the above-captioned appeals on the ground that the orders appealed from are not appealable as of right and the appellant has not sought leave to appeal.
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 on the court's own motion the appeals are dismissed, without costs or disbursements, as no appeal lies as of right from the orders and the appellant has not sought leave to appeal (see Garcia v Jomber Realty, 264 AD2d 809, 810; Sainz v New York City Health and Hosps. Corp.,106 AD2d 500).
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32629
O/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-10510 Good Samaritan Hospital Medical Center, petitioner, v Peter Periconi, respondent. (Index No. 01195/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Tenth Judicial Districts, dated May 23, 2005, which affirmed a judgment of the Fifth District Court, Suffolk County, entered June 25, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32660
D/nal
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2005-05176 Isaac Haviv, appellant, v Orna Haviv, respondent. (Index No. 28053/97)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated July 25, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 9, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32608
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2004-00364, 2005-10327 Michelle Henley, respondent, v Michael Henley, appellant. (Index No. 18567/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant, on appeals from a judgment of the Supreme Court, Queens County, entered May 21, 2001, and an order of the same court dated November 26, 2003, inter alia, to recall and vacate so much of a decision and order on motion of this court dated November 3, 2004, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - November 2004 Calendar" as dismissed the appeal from the order dated November 26, 2003, for failure to timely perfect, to reinstate the appeal from the order dated November 26, 2003, 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 the branch of the motion which is to recall and vacate so much of the decision and order on motion dated November 3, 2004, as dismissed the appeal from the order dated November 26, 2003, to reinstate that appeal, and to enlarge the time to perfect that appeal is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment entered May 21, 2001, is denied, and that appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance to the rules of this court.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32643
S/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-05170
Ella Jampolskaya, respondent, v Victor Gomelsky, P.C., et al., appellants. (Index No. 25527/02)
| DECISION & ORDER ON APPLICATION |
Application by the appellants on appeals from an order of the Supreme Court, Kings County, dated March 11, 2005, in effect, to amend so much of a decision and order on motion of this court dated October 19, 2005, as conditioned a stay upon perfection of the appeals on or before November 20, 2005, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted and the decision and order on motion of this court dated July 1, 2005, is amended by deleting from the decretal paragraphs thereof the date "November 20, 2005," and substituting therefor the date "December 20, 2005," the appellants' time to perfect the appeals is enlarged and the joint record or appendix on appeal and the appellants' briefs must be served and filed on or before December 20, 2005.
H. MILLER, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32636
Y/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2004-07378 Ronald Kruss, etc., respondent, v Waterview Nursing Care Center, Inc., etc., appellant. (Index No. 1124/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated June 25, 2004.
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 it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until February 21, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
COZIER, J.P., KRAUSMAN, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32648
S/sl
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2005-05841
Llywelyn LaRose, respondent, v Resnick Eighth Avenue Associates, LLC, appellant, Command Security Corporation, defendant. (Index No. 33489/01)
| ORDER ON APPLICATION |
Application by the 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, Kings County, dated May 27, 2005.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 5, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32645
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2005-04245
Ira Levine, appellant, v Bertrand Agus, et al., respondents. (Index No. 26185/97)
| ORDER ON APPLICATION |
Application by the respondent Bertrand Agus 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 April 11, 2005.
ORDERED that the application is granted and the movant's time to serve and file a brief is enlarged until December 30, 2005, and the movant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32641
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2005-03109
Virginia Morton, et al., respondents, v Brookhaven Memorial Hospital, et al., defendants, Robert N. Prichep, etc., appellant. (Index No. 16619/99)
| 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, Suffolk County, entered December 23, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until November 23, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32654
O/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2004-10652 Paul Palmieri, plaintiff, Coalition of Landlords, Homeowners & Merchants, Inc., appellant, v Dawn C. Thomas, et al., respondents. (Index No. 9105/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to amend the notice of appeal on an appeal from an order of the Supreme Court, Suffolk County, dated October 22, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32627
O/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-02674 Brenda Ramsey, et al., appellants, v Mt. Vernon Board of Education, et al., respondents. (Index No. 10475/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Westchester County, entered February 17, 2005, to enlarge the record to include correspondence regarding the respondents' request to extend their time to file a motion for summary judgment, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until January 3, 2006, 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; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32638
Y/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-07041 Seraphima Shagoury, respondent, v Stephen Shagoury, appellant. (Index No. 18409/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, dated May 24, 2005, as a poor person, to waive the filing fee, and for free transcripts.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted and the appeal 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 branches of the motion which are to waive the filing fee, and for free transcripts are denied; and it further,
ORDERED that the motion is otherwise denied.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32651
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2004-10598
Edward Trudel, appellant, v Eric P. Donnenfeld, etc., et al., respondents. (Index No. 4031/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from a judgment of the Supreme Court, Nassau County, dated October 6, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 15, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32652
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2005-05173
Michael Williams, appellant, v New York City Transit Authority, et al., respondents. (Index No. 20651/00)
| 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, Kings County, dated March 25, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 18, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32611
M/nal
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2005-10716 In the Matter of Cindy A. (Anonymous), appellant. (Docket No. D-15127/05)
| SCHEDULING ORDER |
Appeal by Cindy A. from an order of the Family Court, Queens County, dated October 25, 2005. 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 in 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, 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M32387
K/nal
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
DAVID S. RITTER, JJ.
|
1993-05155
In the Matter of Philip Irwin Aaron, a disbarred attorney. (Attorney Registration No. 1212687)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by Philip Irwin Aaron for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated September 8, 1997, he was disbarred on charges that he, inter alia, exaggerated his fees and expenses in connection with several mortgage foreclosure actions. Mr. Aaron was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1963.
Upon the papers before the court, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32614
O/sl
BARRY A. COZIER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
PETER B. SKELOS, JJ.
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2004-07414 In the Matter of Maritza Ayuso, appellant- respondent, v Mark Arduino, respondent-appellant. (Docket Nos. V-323-00, V-324-00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Family Court, Westchester County, dated July 27, 2004, for a reconstruction hearing with respect to proceedings which occurred before the Family Court, Westchester County, on April 19, 2004, May 31, 2004, July 6, 2004, and July 27, 2004, respectively.
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 matter is remitted to the Family Court, Queens County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled matter on the above-referenced dates; and it is further,
ORDERED that the stenographer/transcription services is/are directed promptly to make, certify, and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned appellant's counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, after counsel reviews said transcripts or, if he be so advised, when counsel serves a supplemental appellant's brief upon those parties.
COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32621
M/nal
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2005-10672 In the Matter of Robert B. (Anonymous), appellant. (Docket No. D-05646-04)
| SCHEDULING ORDER |
Appeal by Robert B. from an order of the Family Court, Kings County, dated October 21, 2005. 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 in 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, 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32640
O/sl
BARRY A. COZIER, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
ROBERT A. LIFSON, JJ.
|
2005-09101 In the Matter of Coordinated Title Insurance Cases; Blanca Ortiz, appellant; Joseph Piscioner, et al., respondents, v Commonwealth Land Title Insurance Company, defendant. (Action No. 1) (Index No. 9600/03, 10764/02) Michael J. Scuorzo, et al., respondents, v Lawyers Title Insurance Corporation, defendant. (Action No. 2) (Index No. 1815/03) Rosa Smajlaj, et al., respondents, v First American Title Insurance Company of New York, defendant. (Action No. 3) (Index No. 6313/03 Adam Good, etc., respondent, v American Pioneer Title Insurance Company, defendant. (Action No. 4) (Index No. 10335/02) Scott Williams, et al., respondents, v Fidelity National Title Insurance Company of New York, defendant. (Action No. 5) (Index No. 1421/03) John E. Lawlor, etc., respondent, v National Title Insurance Company of New York, Inc., defendant. (Action No. 6) (Index No. 10467/02) Elizabeth Werter, etc., respondent, v Chicago Title Insurance Company, defendant. (Action No. 7) (Index No. 14958/02) Jeffrey Schwartz, et al., respondents, v Stewart Title Insurance Company, defendant. (Action No. 8) (Index No. 18672/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to direct the appellant to perfect an appeal from an order of the Supreme Court, Nassau County, dated August 5, 2005, by a date certain 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; and it is further,
ORDERED that the appellant shall perfect the appeal on or before January 30, 2006; and it is further,
ORDERED that the appeal shall be calendared when it is fully perfected.
COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32609
M/nal
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2005-10751 In the Matter of Joseph Harris, respondent, v Tasya Lynch, appellant. (Docket No. V-03349-01)
| SCHEDULING ORDER |
Appeal by Tasya Lynch from an order of the Family Court, Suffolk County, dated October 21, 2005. 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 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M32646
S/sl
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2005-02859
In the Matter of Reginald O. Johnson, appellant, v State of New York, et al., respondents. (Index No. 21258/04)
| 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, Kings County, dated February 2, 2005.
ORDERED that the application is granted and the appellant's time to serve and file a reply brief is enlarged until December 2, 2005, and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32622
M/nal
|
2005-10700 In the Matter of Craig K. (Anonymous), appellant. (Docket No. S-12701-04)
| SCHEDULING ORDER |
Appeal by Craig K. from an order of the Family Court, Nassau County, dated October 24, 2005. 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 in 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, 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32612
M/nal
|
2005-10770 In the Matter of Thomas J. Kelly, appellant, v Eileen M. Kelly, respondent. (Docket Nos. V-07221-05, V-07222-05, V-07223-05)
| SCHEDULING ORDER |
Appeal by Thomas J. Kelly from an order of the Family Court, Nassau County, dated October 27, 2005. 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 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32624
M/nal
|
2005-10744 In the Matter of Emilia Kozlowski, respondent, v Thomas Mangialino, appellant. (Proceeding No. 1) In the Matter of Thomas Mangialino, appellant, v Emilia Kozlowski, respondent. (Proceeding No. 2) (Docket Nos. V-19022-03, V-19719-03)
| SCHEDULING ORDER |
Appeal by Thomas Mangialino from an order of the Family Court, Queens County, dated October 27, 2005. 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 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 in 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, 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32667
M/nal
|
2005-01268 In the Matter of Vito G. L. (Anonymous), appellant. (Docket No. D-049-04)
| SCHEDULING ORDER |
Appeal by Vito G. L. from an order of the Family Court, Nassau County, dated November 30, 2004. The appellant's brief was filed in the office of the Clerk of this court on October 11, 2005. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until December 2, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32393
M/nal
|
2005-10408 In the Matter of M. (Anonymous); Children's Law Center, nonparty-appellant. (Docket No. A-7167/04)
| SCHEDULING ORDER |
Appeal by Children's Law Center from an order of the Family Court, Kings County, dated October 5, 2005. 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 in 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, 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32647
S/sl
|
2005-09690
In the Matter of Mo's Carting Corp., petitioner, v Raymond Martinez, respondent. (Index No. 36597/04)
| 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 18, 2005.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until December 16, 2005, 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 of the Court
Appellate Division: Second Judicial Department
M32610
M/nal
|
2005-10686 In the Matter of Gabriella Patton, respondent, v Anibal Torres, Jr., appellant. (Docket No. O-02159-05)
| SCHEDULING ORDER |
Appeal by Anibal Torres, Jr., from an order of the Family Court, Orange County, dated October 26, 2005. 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 in 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, 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
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
M32618
M/nal
|
2005-10752 In the Matter of Jennifer Rafferty, appellant, v Thomas P. DeJesu, respondent. (Docket No. F-00760-05)
| SCHEDULING ORDER |
Appeal by Jennifer Rafferty from an order of the Family Court, Suffolk County, dated October 7, 2005. 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 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 it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot 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. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the 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 should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M32637
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2004-11055 In the Matter of Maria Sicurella, respondent, v Erwin Embro, appellant. (Docket No. F-16371-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated November 17, 2004, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32598
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-10108 The People, etc., respondent, v Taino Ayala, appellant. (Ind. No. 10/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Putnam County, rendered July 16, 2003, inter alia, to be provided with the minutes of the Grand Jury proceedings in the above-entitled action.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32653
O/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
ROBERT W. SCHMIDT
GABRIEL M. KRAUSMAN, JJ.
|
1999-01153 The People, etc., respondent, v Henry Thomas Fulmore, appellant. (Ind. No. 4066/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated November 27, 2000 (People v Fulmore, 277 AD2d 465), affirming a judgment of the Supreme Court, Kings County, rendered February 2, 1999, which was determined by decision and order of this court dated May 9, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., FLORIO, SCHMIDT and KRAUSMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32628
Y/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-06468 The People, etc., respondent, v Tyrone Howard, appellant. (Ind. No. 66/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, rendered June 27, 2003, to compel the appellant to serve and file a full transcript of the trial in the above-entitled action, or, in the alternative, to dismiss the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted to the extent that on or before January 19, 2006, the appellant shall serve and file a full transcript of the trial in the above-entitled action, and the motion is otherwise denied; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until March 22, 2006, and the respondent's brief must be served and filed on or before that date.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32642
O/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2003-02297 The People, etc., respondent, v Willie McClain, appellant. (Ind. No. 423/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered February 28, 2003.
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 appellant's supplemental brief shall be served and filed on or before January 4, 2006; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32650
O/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2004-00849 The People, etc., respondent, v Jamie Mereness, appellant. (Ind. No. 478/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the County Court, Orange County, rendered January 27, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 5, 2006; and it is further,
ORDERED that the motion is otherwise denied.
CRANE, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32601
A/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-09261 The People, etc., respondent, v Willie Sumpter, appellant. (Ind. No. 2818/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered October 2, 2003, in effect, to preclude the respondent from filing a brief in response to the appellant's supplemental brief.
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.
H. MILLER, J.P., CRANE, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court