Appellate Division: Second Judicial Department
M32684
Y/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
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2005-10382 ADB Management, LLC, d/b/a Elysee Investment, appellant, v Gardenberry, Inc., respondent. (Index No. 6032/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, joined in by the respondent, to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated October 27, 2005, as directed the appellant to file a note of issue and statement of readiness pending hearing and determination of an appeal therefrom.
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 enforcement of so much of the order dated October 27, 2005, as directed the appellant to file a note of issue and statement of readiness, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 23, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 23, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32698
CF/
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2005-07776 Edward Aizman, appellant, v Nikolay Hristev, et al., respondents. (Index No. 33494/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated July 18, 2005.
Upon the stipulation of the parties, dated November 4, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32747
T/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2005-10515 Olivier Allain, respondent, v Christina Allain, appellant. (Index No. 30779/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered November 10, 2005, 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 granted and enforcement of the judgment entered November 10, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 9, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 9, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32703
CF/
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2005-06611 Alejandro Amaya, et al., respondents, v Rector, Churchwardens & Vestreymen of Trinity Church of City of New York, appellant (and a third-party action). (Index No. 11540/03)
| 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 June 7, 2005.
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
M32632
CF/
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2005-07124 American Expresss Travel Related Services, Inc., appellant, v Ildiko E. Soskuti, respondent. (Index No. 27295/04)
| 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 July 17, 2005.
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
M32725
S/sl
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2005-03133
Grewel Budhu, appellant, v Lutheran Medical Center, et al., respondents, et al., defendant. (Index No. 22737/00)
| 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 January 21, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 30, 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
M32718
S/sl
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2005-05375
Central Synagogue, et al., respondents- appellants, v Hermitage Insurance Company, appellant-respondent. (Index No. 20084/01)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated April 11, 2005.
ORDERED that the application is granted; and it is further,
ORDERED that the appellant-respondent's time to perfect the appeal is enlarged until January 17, 2005, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32716
S/sl
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2005-06627
Connecticut Indemnity Company, respondent, v Albert Schindler, etc., et al., appellants, et al., defendant. (Index No. 16003/03)
| 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 of the Supreme Court, Westchester County, dated May 26, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 27, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32720
S/sl
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2005-01008
Vincent Gebbia, et al., appellants, v Richard L. Gumo, respondent. (Index No. 7792/01)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Nassau County, dated January 5, 2005.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 23, 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
M32634
CF/
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2005-07520 Global Granite Sales Corp., appellant, v Hasim Sabovic, respondent. (Index No. 5813/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated July 15, 2005.
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
M32688
S/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
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2004-09740 Herman L. Gray, etc., respondent, v City of New York, et al., appellants.
(Index No. 22695/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated October 12, 2004.
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 2, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32683
Y/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-07636 Melanie Grayson, respondent, v Bryan W. Hall, appellant. (Index No. 5113/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated June 28, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the trial of the above-entitled action is stayed pending hearing and determination of the appeal.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32732
CF/
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2005-05307 High Point Insurance Company, etc., appellant, v John Raymond Hibner, et al., respondents. (Index No. 5015/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated May 2, 2005.
Upon the stipulation of the parties, dated October 26, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32721
S/sl
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2005-01036
Richard James, etc., et al., plaintiffs-respondents, v Greenpoint Financial Corp., et al., defendants- respondents, OCI Mortgage Corporation, respondent- appellant, H.P. Greenfield Real Estate Ltd., s/h/a Century 21 HP Greenfield Real Estate, appellant- respondent. (Index No. 52609/02)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated December 2, 2004.
ORDERED that the application is granted and the plaintiffs-respondents' time to serve and file a brief is enlarged until December 28, 2005, and the plaintiffs-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant-respondent shall serve and file its reply brief on or before February 3, 2006, and the respondent-appellant shall serve and file its reply brief on or before February 21, 2006.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32701
CF/
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2005-06861 William Johnson, et al., respondents, v Anthony L. Fiorito, Inc., et al., appellants. (Index No. 2759/98)
| 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 June 26, 2005.
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
M32690
Y/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2005-01560
Nancy Kammerer, appellant, v Robert J. Kammerer, respondent. (Index No. 25439/98)
| ORDER ON APPLICATION |
Motion by the appellant pursuant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered January 13, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appellant's time to perfect the appeal is enlarged until January 24, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
CRANE, J.P., LUCIANO, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32739
CF/
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2005-07268 Sheila Kirshner, et al., respondents, v North Shore Dental Associates, P.C., et al., appellants. (Index No. 18322/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Separate applications by the appellants North Shore Pulmonary Associates, Jason Karp, North Shore University Hospital, Alan Fein, Gary Greenwald, Eric Barbanel, Barton Cohen, and North Shore Medical Specialties Group, P.C., to withdraw their respective appeals from an order of the Supreme Court, Nassau County, dated June 23, 2005.
Upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the applications are granted and the appeals by North Shore Pulmonary Associates, Jason Karp, North Shore University Hospital, Alan Fein, Gary Greenwald, Eric Barbanel, Barton Cohen, and North Shore Medical Specialties Group, P.C., are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32691
S/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
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2005-01720 Charles Kutza, et al., respondents, v Edward Mottola, appellant. (Index No. 10084/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, for leave to withdraw the record and brief previously filed with the Clerk of this court and for leave to serve and file a replacement record and brief to correct errors in the record.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted the record and brief on file with the Clerk of this court is deemed withdrawn, and on or before December 13, 2005, the appellant shall serve and file a replacement record and brief; and it is further,
ORDERED that the respondents shall serve and file their brief on or before February 2, 2006.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32696
CF/
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2005-07588 Alan Laufer, et al., appellants, v Holiday Mountain Ski Club, Inc., et al., respondents. (Index No. 16878/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 21, 2005.
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
M32714
S/sl
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2005-04055
Gary Lotenberg, et al., appellants, v Long Island Railroad, appellant. (Index No. 014182/03)
| 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 of the Supreme Court, Nassau County, dated April 4, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 2, 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
M32362
T/sl
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
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2005-08092 Ramon Marin, appellant, v Bharatkumar K. Patel, et al., respondents. (Index No. 18803/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 9, 2005, in the above-entitled matter is amended by deleting from the introductory paragraph and decretal thereof the words "Richmond County", and substituting therefor the words "Queens County".
H. MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32723
S/sl
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2005-03237
Mary M. Massimo, appellant, v Sunwood Development Corp., et al., respondents. (Index No. 18557/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, entered March 1, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 17, 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
M32631
CF/
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2005-06984 Vladimir Milstein, appellant, v Ruth Milstein, etc., respondent. (Index No. 17337/02)
| 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 7, 2005.
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
M32735
CF/
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2005-08184 Mitchell Stuart Nadler, respondent, v Melissa Ann Nadler, appellant. (Index No. 5161/99)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 14, 2005.
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
M32737
CF/
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2005-09846 New York Central Mutual Fire Insurance Company, appellant, v Jennifer Dolcy, et al., respondents. (Index No. 2066/05)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated September 12, 2005.
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
M32711
CF/
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2005-06998 James Nixon, et al., respondents, v Dolce/Aew Properties No. 1 Limited Partnership, appellant. (Index No. 339/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 6, 2005.
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
M32736
S/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
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2005-09616 Ann Opperisano, respondent, v Louis Opperisano, appellant.
(Index No. 25912/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of a judgment of the Supreme Court, Queens County, dated August 18, 2005, 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 branch of the motion which is to stay enforcement of so much of the judgment as granted the respondent a right of first refusal to purchase the marital residence for the sum of $370,000, is granted, and that portion of the judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 3, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 3, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32686
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2005-03972
Ronald Parr, appellant-respondent, v Ronkonkoma Realty Venture I, LP, et al., respondents-appellants. (Index No. 11041/02)
| ORDER ON APPLICATION |
Application by the respondents-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2005.
ORDERED that the application is granted and the respondents-appellants reply brief shall be served and filed on or before December 1, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32689
S/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
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2005-08053 Rainbow Hill Homeowners Association, Inc., respondent, v Gigante, Inc., d/b/a Celebration for Kids, appellant. (Index No. 12980/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Richmond County, dated August 12, 2005, inter alia, for leave to serve and file a supplemental record containing material omitted from the record on appeal, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted to the extent that on or before December 13, 2005, the appellant is directed to serve and file a supplemental record containing (1) the material listed in items 1 through 7 of the letter of Richard Gabriele, dated October 24, 2005, appended as Exhibit C to the instant motion papers, and (2) the material listed in item a of the letter of Richard Gabriele, dated October 26, 2005, appended as Exhibit D to the instant motion papers, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 12, 2006, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32728
CF/
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2005-02634 Winston Rodriguez, et al., respondents, v Gittie Berkowitz, et al., defendants, Eustin Rodriguez, et al., appellants. (Index No. 53828/02)
| 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 February 9, 2005.
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
M32699
CF/
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2005-06638 Royal Agricola, S.A., appellant, v F.D. Import & Export Corp., respondent. (Index No. 15323/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated May 17, 2005.
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
M32726
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2004-07251, 2005-03422
Teri Sayegh, appellant, v Isaac Sayegh, respondent. (Index No. 34917/89)
| 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 appeals from two orders of the Supreme Court, Kings County, dated June 16, 2004, and October 13, 2004, respectively.
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
M32744
T/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
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2005-05414, 2005-10389 Carmela Tesoro, plaintiff-appellant, v City of New York, defendant, Price Is Rite, Inc., defendant third-party defendant-respondent, Gail Chamides, defendant third-party plaintiff- respondent; Colonial Indemnity Insurance Company, third-party defendant-appellant. (Action No. 1) (Index No. 2440/02) Colonial Indemnity Insurance Company, appellant, v Travelers Indemnity Company, respondent. (Action No. 2) (Index No. 9922/05)
| DECISION & ORDER ON MOTION |
Motion by the Colonial Indemnity Insurance Company to stay enforcement of an order of the Supreme Court, Kings County, dated May 3, 2005, and a judgment of the same court dated August 24, 2005, pending hearing and determination of appeals and cross appeals 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.
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32731
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2005-05716, 2005-06874
John Thomson, etc., respondent, v Arlene Rubenstein, etc., et al., appellants, et al., defendant. (Index No. 27575/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from an order of the Supreme Court, Suffolk County, dated April 1, 2005, and a judgment of the same court entered July 5, 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
M32730
CF/
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2005-06686
Joseph Torres, etc., et al., appellants, v Rickey Mayo, defendant, Donnell Mayo, respondent. (Index No. 7800/91)
| 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 16, 2005.
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
M32749
T/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
JOSEPH COVELLO, JJ.
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2005-09971 Ermelinda Troise, et al., respondents, v Staten Island University Hospital, etc, et al., appellants, et al., defendant. (Index No. 13547/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Richmond County, dated September 9, 2005, 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 granted and enforcement of the order dated September 9, 2005, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 23, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 23, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RITTER, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32724
S/sl
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2004-09369
Thomas Vincente, et al., respondents, v Roy Kay, Inc., appellant (and a third-party action). (Appeal No. 1) 2005-00447 Thomas Vincente, et al., appellants-respondents, v Roy Kay, Inc., defendant first and second third-party plaintiff-respondent-appellant; RJR Mechanical, Inc., third-party defendant- respondent-appellant; Leewen Contracting Corp., second third-party defendant-respondent-appellant. (Appeal No. 2) 2005-02577 Thomas Vincente, et al., plaintiffs-respondents, v Roy Kay, Inc., defendant first and second third-party plaintiff-respondent; RJR Mechanical, Inc., third-party defendant-appellant; Leewen Contracting Corp., second third-party defendant- appellant. (Appeal No. 3) (Index No. 13377/00)
| ORDER ON APPLICATION |
Application by RJR Mechanical, Inc., and Leewen Contracting Corp. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Richmond County, dated January 4, 2002 (Appellate Division Docket No. 2004-09369), and February 1, 2005 (Appellate Division Docket No. 2005-02577), respectively, and an appeal and cross appeals from an order of the same court dated November 23, 2004 (Appellate Division Docket No. 2005-00447).
ORDERED that the application is granted and on or before January 23, 2006, RJR Mechanical, Inc. and Leewen Contracting Corp. shall perfect the appeal from the order dated February 1, 2005, by serving and filing a brief on that appeal, which shall also include their arguments on the cross appeal from the order dated November 23, 2004; and it is further,
ORDERED that on or before March 2, 2006, Roy Kay, Inc., shall perfect the appeal from the order dated January 4, 2002, by serving and filing a brief on that appeal, which shall also include its arguments on the cross appeal from the order dated November 23, 2004, and in response to the appeal from the order dated February 1, 2005; and it is further,
ORDERED that on or before April 3, 2006, the plaintiffs shall serve and file their reply brief on all appeals; and it is further,
ORDERED that on or before April 17, 2006, RJR Mechanical, Inc., Leewen Contracting Corp., and Roy Kay, Inc., shall serve and file their respective reply briefs on all appeals.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32693
S/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-05088 Judith Wallach, appellant-respondent, v Raymond Wallach, respondent-appellant. (Index No. 7428/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, to enlarge her time to perfect her appeal from a judgment of the Supreme Court, Rockland County, entered April 15, 2005, to direct the respondent-appellant to provide her with copies of his trial exhibits for use in the record on appeal, and for leave to proceed on the original papers and to waive the filing fee.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct the respondent-appellant to provide the appellant-respondent with copies of his trial exhibits is granted to the extent that on or before December 13, 2005, the respondent-appellant or his attorney shall provide the appellant-respondent with copies of the respondent-appellant's trial exhibits which are in his or his attorney's possession, and that branch of the motion is otherwise denied; and it is further,
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-respondent's time to perfect the appeal is enlarged until February 13, 2006, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondent-appellant shall serve and file his answering brief, including his points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the motion is otherwise denied.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32717
S/sl
|
2004-11031
Frances Williams, appellant, v New York City Transit Authority, respondent. (Index No. 24666/94)
| 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 October 15, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 16, 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
M32734
Y/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-02523 Michael Zafran, appellant, v Lisa Zafran, respondent. (Index No. 26917/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for a preference in the calendaring of an appeal from an order of the Supreme Court, Nassau County, dated February 4, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32719
S/sl
|
2005-03876
In the Matter of Ralph Capone, petitioner, v Patchogue Medford Union Free School District, respondent. (Index No. 15550/04)
| 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, Suffolk County, dated April 12, 2005.
ORDERED that the application is granted and the petitioner's time to perfect the proceeding is enlarged until January 3, 2006, 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
M32712
S/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2004-07102 In the Matter of Angela Ellis, petitioner, v New York State Central Register of Child Abuse, et al., respondents. (Index No. 2315/04)
| DECISION & ORDER ON MOTION |
Motion by the petitioner in a proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Kings County, dated June 1, 2004, to direct the respondent to provide her with all papers served on her former attorney so that she may prepare the record and to enlarge her time to perfect the above-entitled proceeding.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appellant is granted leave to proceed on the original papers, and the proceeding will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the petitioner and the respondent. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]); and it is further,
ORDERED that the branch of the motion which is to enlarge time is granted, the petitioner's time to serve and file a brief is enlarged until January 9, 2006, and the petitioner's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied as academic.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32633
CF/
|
2005-05255 In the Matter of Shirley Ellman, deceased. Arlene Klamkin, appellant; Alan Ellman, et al., respondents. (File No. 329874)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Surrogate's Court, Nassau County, dated May 9, 2005.
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
M32682
S/sl
|
2005-03965
In the Matter of Elizabeth Hogan, etc., et al., appellants, v New York State Division of Housing and Community Renewal, et al., respondents. (Index No. 6612/04)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, dated January 24, 2005.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 9, 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
M32722
E/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-10809 In the Matter of Michael K. (Anonymous), appellant. (Docket No. S-13336-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal to this court from an order of the Family Court, Nassau County, dated November 14, 2005.
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 appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32710
CF/
|
2005-05755 In the Matter of KND Construction, Inc., petitioner, v Raymond Martinez, respondent. (Index No. 529/05)
| ORDER ON APPLICATION Application to Withdraw Proceeding |
Application by the petitioner to withdraw proceeding pursuant to CPLR article 78 which was transferred to this court by order of the Supreme Court, Queens County, dated May 12, 2005.
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 proceeding is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32687
S/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-10534 In the Matter of Heriberto Martinez, a/k/a Heriberto Martinez Laureano, deceased. Carmen Perez, etc., respondent; 183-185 York Street Realty, LLC, appellant.
(File No. 709/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the respondent from selling or otherwise transferring title to real property known as 183-185 York Street, Brooklyn, pending hearing and determination of an appeal from an order of the Surrogate's Court, Kings County, dated August 21, 2005.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32649
S/sl
|
2005-05250
In the Matter of Nicholas S. Nicklis, deceased. Elizabeth Anne Nicklis, appellant; Carol G. Nicklis, et al., respondents. (File No. 335006/04)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Surrogate's Court, Nassau County, dated April 27, 2005.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 23, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32707
CF/
|
2005-09154 In the Matter of Mary Lou Pizzutello, appellant, v Alan Kazin, et al., respondents. (Index No. 16638/04)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated August 15, 2005.
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
M32715
S/sl
|
2004-09004
In the Matter of Daniel P. Urban, appellant, v Nicholas LaConti, respondent. (Index No. 16041/02)
| 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 Supreme Court, Nassau County, dated July 20, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 29, 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
M32733
S/sl
|
2004-05595, 2004-09378
In the Matter of Sambasiva Rao Venigalla, et al., respondents, v Alagappa Alagappan, et al., appellants; People of the State of New York, intervenor. (Index No. 15676/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, dated June 10, 2004, and September 13, 2004, respectively.
ORDERED that the application is granted, and the appellants' 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
M32709
CF/
|
2004-11295, 2005-04179
In the Matter of Village of Scarsdale, et al., appellants, v New York City Water Board, respondent. (Index No. 13254/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Westchester Joint Water Works to withdraw appeals from two orders of the Supreme Court, Westchester County, dated October 22, 2004, and entered March 23, 2005, respectively.
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 Westchester Joint Water Works is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32741
CF/
|
2004-06448 The People, etc., respondent, v Akbar Meighan, appellant. (Ind. No. 499/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered July 21, 2004.
Upon the stipulation of the parties, dated October 25, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M32685
S/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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 21, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant, inter alia, to enlarge the time to serve and file a supplemental brief on 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 serve and file a supplemental brief is granted; and it is further,
ORDERED that the appellant's time to serve and file a supplemental brief is enlarged and the supplemental brief shall be served and filed on or before January 5, 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; 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
M32713
S/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2002-05990 The People, etc., respondent, v Reginald Thompson, appellant. (Ind. No. 519/00)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se, on an appeal from a judgment of the Supreme Court, Queens County, rendered June 5, 2002, in effect, for leave to proceed pro se, for leave to prosecute the appeal as a poor person, and to enlarge his 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 for leave to prosecute the appeal as a poor person is granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify and file two transcripts of the proceedings, if any, of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the Clerk of this court, without charge (see CPL 460.70) who shall arrange for their delivery to the appellant; the appellant is directed to turn over those transcripts to the respondent when he serves his brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the Trial Court is directed to reproduce a copy thereof for the appellant; and it is further,
ORDERED that, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide the appellant with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if the appellant cites or relies upon the probation report in a brief or motion in any other way, the appellant shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal pro se is granted on condition that, upon the filing of his appellate brief with this court, the appellant shall also file a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:
WAIVER OF RIGHT TO APPELLATE COUNSEL
I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.
Reginald Thompson
State of )
) ss.
County of )
On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared Reginald Thompson personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.
Notary Public
and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is enlarged, the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that the appellant shall file nine copies of his brief and serve one copy on the District Attorney; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order on the clerk of the court from which the appeal is taken.
CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Attorney's Address:
03 G 0497
Bedford Hills Corr. Fac.
Box 1000
Bedford Hills, New York 10507
Appellate Division: Second Judicial Department
M32630
CF/
|
2005-03255 The People, etc., appellant, v Thomas Zibelli, respondent. (Index No. 1367/04)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the County Court, Westchester County, dated February 28, 2005.
Upon the stipulation of the parties, dated October 31, 2005, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court