Appellate Division: Second Judicial Department
M18612
S/sl
HOWARD MILLER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. SPOLZINO, JJ.
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2004-06048 Louis Aquilino, et al., plaintiffs, v E.W. Howell Co., Inc., defendant third-party plaintiff-appellant, et al., defendants second third-party plaintiffs- respondents; Island Acoustics, LLC, third-party defendant-respondent; ADT Security Systems, Inc., second third-party defendant-respondent (and a fourth-party action). (Index No. 16381/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent ADT Security Systems, Inc., on an appeal from an order of the Supreme Court, Nassau County, entered May 21, 2004, for leave to reargue its prior motion to dismiss the appeal insofar as asserted against it on the ground that the appeal was not timely taken, which was determined by decision and order on motion of this court dated October 15, 2004.
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 upon reargument, it is
ORDERED that the decision and order on motion of this court dated October 15, 2004, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Separate motions by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 21, 2004, on the ground that the appeal was untimely taken.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent ADT Security Systems, Inc., is granted and the appeal insofar as asserted against ADT Security Systems, Inc., is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the motions of the remaining respondents are denied (see Deygoo v Eastern Abstract Corp., 204 AD2d 596; Maddox v City of New York, 104 AD2d 430).
H. MILLER, J.P., KRAUSMAN, COZIER and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18559
CF/
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2004-01911 Assembly of God of Wading River, respondent, v Louis Bates, et al., appellants. (Index No. 25397/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated February 3, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18581
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FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
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2004-06156 Sharon Assraf, appellant, v Sidney Aurbach, etc., et al., respondents. (Index No. 27341/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent Sidney Aurbach to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 10, 2004, on the ground that so much of the order as granted the respondents' cross motion to dismiss the complaint was entered upon the appellant's default in opposing the cross motion, and cross motions by the appellant to enlarge the time to perfect the appeal and to impose a sanction.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent Sidney Aurbach to dismiss the appeal is denied without prejudice to his raising that issue in his brief; and it is further,
ORDERED that the cross motion to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until January 7, 2005, and the record on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the cross motion to impose a sanction is denied.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18568
CF/
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2004-06730 Yvonne Bartone, appellant, v County of Nassau, respondent. (Index No. 12247/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 11, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18553
CF/
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2004-04879 Business Card Express, Inc., appellant, v Finest Impressions, Inc., et al., respondents. (Index No. 29444/003)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated April 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18572
CF/
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2004-08787 Michael Carlin, et al., respondents, v John Celauro, et al., defendants, Xtraire Inc., appellant. (Index No. 22501/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated August 31, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18569
CF/
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2004-08719 David A. Cohen, et al., appellants, v FL-DV Construction, Inc., respondent. (Index No. 5633/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated September 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18575
R/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
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2004-09746 Tsvi Dallal, appellant, v Kantrowitz, Goldhamer & Graifman, P.C., respondent.
(Index No. 99/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated November 4, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18577
PL/sl
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2004-04813
Ignaz Gohrig, et al., appellants, v Eugene Porcelli, respondent (and a third-party action). (Index No. 7952/02)
| 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, Queens County, entered April 29, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until November 29, 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 of the Court
Appellate Division: Second Judicial Department
M18566
CF/
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2004-05004 Harry Harris, appellant, v City of New York, et al., respondents (and a third-party action). (Index No. 26689/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated May 3, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18573
R/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
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2004-09558 Yvonne Hayes, appellant, v Nachelle Wilson, et al., respondents.
(Index No. 12825/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the respondent Nachelle Wilson from transferring or otherwise encumbering the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 15, 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.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18555
CF/
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2004-06046 Noreen Hoffmeyer, appellant, v Safeguard Construction Company, et al., respondents. (Index No. 4528/03)
| ORDER ON APPLICATION Withdraw Appeal on Sitpulation |
Appeal from an order of the Supreme Court, Nassau County, dated June 10, 2004.
Upon the stipulation of the parties, dated November 16, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18579
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FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-08869
Eudora Hull, appellant, v Ingrid Thomas, respondent. (Index No. 15532/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated September 16, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18610
CF/
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2004-06355 Matthew G. Kiernan, appellant, v Brett A. Punzi Contracting Corporation, et al., respondents. (Index No. 17083/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18591
CF/
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2004-07238 Yevgeniya Livshits, respondent, v Brooklyn Union Gas, et al., defendants, Mikhail Levkovich, et al., appellants. (Index No. 36960/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18561
CF/
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2004-02916 Robert Long, appellant, v Salvatore Agosta, et al., respondents. (Index No. 44258/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated February 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18600
CF/
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2004-07346 Victor Lopez, et al., plaintiffs-respondents, v Cranes Inc., defendant-respondent, Clark & Wilkins Industries, Inc., defendant third-party plaintiff-appellant, GTI Trucking & Rigging, Inc., third-party defendant. (Index No. 6729/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18562
CF/
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2004-02010 Stanislaw Majlinger, respondent, v Cassino Contracting Corporation, et al., appellants (and a third-party action). (Index No. 12301/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Cassino Contracting Corporation and Veterans Properties to withdraw an appeal from an order of the Supreme Court, Richmond County, dated January 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Cassino Contracting Corporation and Veterans Properties is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18580
PL/sl
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2004-00911
Denise Matthias, appellant, v Long Island Jewish Medical Center, et al., respondents. (Index No. 14159/99)
| ORDER ON APPLICATION |
Application by the respondents Long Island Jewish Medical Center and "John" Levy 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 Supreme Court, Queens County, dated January 6, 2004.
ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until January 21, 2005, and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18624
S/sl
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2004-03798
Chris McGinnis, appellant, v Douglas Woodward, etc., respondent. (Index No. 08843/02)
| ORDER ON APPLICATION |
Application by the respondent, pursuant to 22 NYCRR 670.8(d)(2) on an appeal from an order of the Supreme Court, Westchester County, dated March 19, 2004, to enlarge the time to serve and file a brief.
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, the respondent's time to serve and file a brief is enlarged until December 13, 2004, and the respondent's brief shall be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18582
PL/sl
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2004-03819
Emily Morales, respondent, v New York City Transit Authority, appellant. (Index No. 7364/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated March 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 22, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED the appellant's reply brief shall be served and filed on or before January 6, 2005
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18571
CF/
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2004-06909 Lisa Palermo, respondent, v Triborough Bridge and Tunnel Authority, et al., appellants. (Index No. 19897/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 30, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18601
E/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-09114
Earl J. Parks, et al., appellants, v Costco Wholesale Membership, et al., respondents.
(Index No. 45568/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated July 26, 2004, to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18574
PL/sl
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2004-04474
Sangro Management Corporation, appellant, v Clinton Hill Apartments Owners Corp., respondent. (Index No. 11511/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 23, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 14, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18556
CF/
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2004-05393 Alan Satran, appellant, v Schwartz Brothers-Jeffer Memorial Chapels, respondent. (Index No. 18373/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Queens County, dated April 29, 2004.
Upon the stipulation of the parties, dated November 10, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18592
CF/
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2004-04615 Kathleen Schiavo, appellant, v Incorporated Village of Garden City, et al., respondents. (Index No. 571/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18602
E/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
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2004-07690, 2004-09872
Sheryn Silvestre, et al., plaintiffs-respondents, v Joseph P. Shelly, Jr., et al., appellants; Richard H. Schaffer, nonparty-respondent. (Index No. 9467/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant Kathryn M. Shelley on appeals from two orders of the Supreme Court, Suffolk County, dated July 31, 2004, and October 18, 2004, respectively, to stay enforcement of stated portions of the order dated October 18, 2004, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18554
CF/
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2004-05867 Aly Soliman, respondent, v Kostas Gofas, defendant, David A. Caponi, et al., appellants. (Index No. 17929/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated May 3, 2004.
Upon the stipulation of the parties, dated August 24, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18597
M/nal
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA , JJ.
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2003-05104
In the Matter of Augusto Araujo, appellant, v Stacey Rogers, respondent. (Docket No. V-3563-01)
| DECISION & ORDER ON MOTION |
Appeal by Augusto Araujo from an amended order of the Family Court, Suffolk County, entered May 7, 2003. By scheduling order dated October 19, 2004, the appellant was granted until November 12, 2004, 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 a brief on the appeal. The appellant has failed to comply with the scheduling order. On the court's own motion it is
ORDERED that the appeal in the above-entitled proceeding is dismissed, without costs or disbursements, for failure to perfect in accordance with the order dated October 19, 2004.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18463
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2004-09217 In the Matter of Tracy Belle, respondent, v Wayne S. Demilia, appellant. (Docket No. V-2978-03)
| SCHEDULING ORDER |
Appeal by Wayne S. Demilia from an order of the Family Court, Rockland County, dated October 5, 2004. 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
M18565
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SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
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2004-08332
In the Matter of Valerie A. DiBernardo, respondent, v James P. DiBernardo, appellant. (Docket No. F-02808/88)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated August 18, 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 or relation thereto, it is
ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the petitioner has died and no substitution has been made (see CPLR 1015), by filing an affirmation or affidavit on that issue with the Clerk of this court on or before December 17, 2004; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this decision and order on motion upon the appellant's counsel and counsel for the respective parties.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18604
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2004-07812 In the Matter of Helena Estes, respondent, v Lawrence Glenn, appellant. (Docket No. F-21535/03)
| SCHEDULING ORDER |
Appeal by Lawrence Glenn from an order of the Family Court, Queens County, dated August 13, 2004. By decision and order on motion of this court dated November 19, 2004, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied. 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), 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
M18490
M/nal
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2004-09936 In the Matter of Andrew Fisher, respondent, v Christine DeFlora, appellant. (Docket No. V-04274-98)
| SCHEDULING ORDER |
Appeal by Christine DeFlora from an order of the Family Court, Suffolk County, dated October 8, 2004. 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
M18493
M/nal
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2004-10030 In the Matter of Tonya George, respondent, v Norman E. Cameron, appellant. (Docket No. O-15624-03)
| SCHEDULING ORDER |
Appeal by Norman E. Cameron from an order of the Family Court, Kings County, dated October 15, 2004. 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
M18480
M/nal
|
2004-10031, 2004-10032, 2004-10033 In the Matter of Alfredo H. (Anonymous), appellant. (Docket Nos. E-01625-04, D-21240-02, D-09942-03)
| SCHEDULING ORDER |
Appeals by Alfredo H. from three orders of the Family Court, Kings County, all dated October 12, 2004. 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 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are 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 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
M18479
M/nal
|
2004-10029 In the Matter of Hiromi Hada, appellant, v Thomas Hada, respondent. (Docket Nos. V-22311-99, V-22312-99)
| SCHEDULING ORDER |
Appeal by Hiromi Hada from an order of the Family Court, Kings County, dated October 13, 2004. 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
M18491
M/nal
|
2004-09971 In the Matter of Devour R. Hodges, appellant, v Tyisha Hodges, respondent. (Docket Nos. V-4304-04, V-4620-04)
| SCHEDULING ORDER |
Appeal by Devour R. Hodges from an order of the Family Court, Nassau County, dated October 6, 2004. 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
M18603
Y/sl
FRED T. SANTUCCI, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2004-07533 In the Matter of In Rem Tax Foreclosure Action No. 47, etc. 126 Holding, LLC, appellant; City of New York, et al., respondents. (Index No. 8700/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to restrain the respondent from collecting rents, managing, improving, selling, assigning, mortgaging, or otherwise disposing of or encumbering property located at 516 Chauncey Street, Block 1517, Lot 7, Brooklyn, New York, pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 15, 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.
SANTUCCI, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18486
M/nal
|
2004-10094, 2004-10095 In the Matter of Erich J. (Anonymous). Suffolk County Department of Social Services, respondent; Daniela J. (Anonymous), et al., appellants. (Proceeding No. 1) In the Matter of Rina J. (Anonymous). Suffolk County Department of Social Services, respondent; Daniela J. (Anonymous), et al., appellants. (Proceeding No. 2) In the Matter of Nicholas S. (Anonymous). Suffolk County Department of Social Services, respondent; Daniela J. (Anonymous), et al., appellants. (Proceeding No. 3) In the Matter of Nina S. (Anonymous). Suffolk County Department of Social Services, respondent; Daniela J. (Anonymous), et al., appellants. (Proceeding No. 4) (Docket Nos. N-6960-04, N-6961-04, N-6970-04, N-6971-04, N-6965-04, N-6966-04, N-6972-04, N-6973-04)
| SCHEDULING ORDER |
Appeals by Daniela J. and Erich J. from two orders of the Family Court, Suffolk County, dated September 17, 2004, and October 19, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are 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 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
M18605
M/nal
|
2004-08765 In the Matter of Ayana Jean L. (Anonymous). Administration for Children's Services, petitioner- respondent; Sandra Jean L. (Anonymous), respondent- respondent; Phillip Jean L. (Anonymous), appellant. (Docket No. N-11110-02)
| SCHEDULING ORDER |
Appeal by Phillip Jean L. from an order of the Family Court, Queens County, dated August 5, 2004. By decision and order on motion of this court dated November 19, 2004, the following attorney was assigned as counsel on the appeal:
Richard Cardinale, Esq.
26 Court Street - Suite 1815
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 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 November 19, 2004, 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 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
M18464
M/nal
|
2004-09949, 2004-09950 In the Matter of Mark M. (Anonymous), appellant.
(Docket No. D-02824/04)
| SCHEDULING ORDER |
Appeals by Mark M. from two orders of the Family Court, Richmond County, dated September 9, 2004, and October 20, 2004, respectively. 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 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 appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are 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 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
M18585
PL/sl
|
2004-05077
In the Matter of Christopher Pierro, respondent, v Michael William O'Connor, et al., appellants. (Index No. 5035/03)
| 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 and judgment (one paper) of the Supreme Court, Westchester County, dated December 11, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 27, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18462
M/nal
|
2004-10093 In the Matter of Donna G. Steward, respondent, v Clifford A. Steward, appellant. (Docket No. F-01748/99)
| SCHEDULING ORDER |
Appeal by Clifford A. Steward from an order of the Family Court, Suffolk County, dated August 2, 2004. 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
M18558
CF/
|
2004-08076
In the Matter of Chukuemeka U. (Anonymous). Westchester County Department of Social Services, appellant; Ifoema U. (Anonymous), et al., respondents. (Docket No. K-4542-04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Westchester County, dated August 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18465
F/
WILLIAM F. MASTRO, J.
|
2004-09078 The People, etc., plaintiff, v Douglas Ames, defendant. (Ind. No. 8812/89)
| 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 September 20, 2004, 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.
WILLIAM F. MASTRO
Associate Justice
Appellate Division: Second Judicial Department
M18584
PL/sl
|
2001-10694 The People, etc., respondent, v Anthony Blackmon, appellant. (Ind. No. 01-43)
| 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, Rockland County, rendered November 26, 2001.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 10, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18583
PL/sl
|
2003-07438
The People, etc., respondent, v Nicole Buonincontri, appellant. (Ind. No. 437/02)
| 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 a judgment of the County Court, Rockland County, rendered August 15, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 3, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18578
R/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2000-01545 The People, etc., respondent, v Benjamin Smalls, appellant. (Ind. No. 01448/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, to recall and vacate a decision and order on motion of this court dated March 17, 2000, which dismissed an appeal from a judgment of the County Court, Westchester County, rendered December 21, 1999.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18339
F/
ROBERT A. LIFSON, J.
|
2004-08933 The People, etc., plaintiff, v Jose Torres, a/k/a Justo Negron, defendant. (Ind. No. 2148/82)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated September 7, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
ROBERT A. LIFSON
Associate Justice
Appellate Division: Second Judicial Department
M18576
R/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-02104 The People, etc., respondent, v James Warren, appellant. (Ind. No. 2648/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003, to be provided with certain additional minutes for use in the preparation of his pro se supplemental 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 motion is denied, and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file his pro se supplemental brief is enlarged until March 7, 2005, and the appellant's pro se supplemental brief must be served and filed on or before that date.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court