APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4899
A/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-01038
Shauna Alami, etc., appellant-respondent, v Volkswagen of America, Inc., respondent- appellant. (Index No. 20093/96)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, inter alia, to enlarge the time to perfect a cross appeal from an order of the Supreme Court, Westchester County, dated October 30, 2002.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the respondent-appellant's time to perfect the cross appeal is enlarged until December 10, 2003, and the record or appendix and the respondent-appellant's brief must be served and filed on or before that date.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4955
C/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-08843 Sofia Amsellem, respondent, v Jacques Amsellem, appellant. (Index No. 200692/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay stated portions of a judgment of the Supreme Court, Nassau County, entered August 14, 2003, pending the hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4902
C/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-02584, 2003-09252 Certified Electrical Contracting Corp., appellant-respondent, v City of New York (Department of Transportation), respondent- appellant. (Index No. 8376/97)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the time to perfect appeals and cross appeals from an order of the Supreme Court, Queens County, dated January 2, 2003, and an order of the same court dated September 18, 2003, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated September 18, 2003, is denied as premature; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated January 2, 2003, is granted; the appellant-respondent's time to perfect that appeal is enlarged until January 13, 2004, and the joint record or appendix on the appeals 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 its answering brief, including its points of argument on the cross appeals, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4651
M/mv
|
2003-09750 Richard Dinerman, appellant, v Karen Dinerman, respondent. (Index No. 27622/98)
| SCHEDULING ORDER |
Appeal by Richard Dinerman from a judgment of the Supreme Court, Queens County, dated September 15, 2003. 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 action shall be perfected within 60 days after the appellant receives the transcripts of the minutes of the action in the Supreme Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes to be transcribed, the appeal in the above-entitled action shall be perfected 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 Supreme Court action 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4933
Y/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09782 Gregory Falgoust, respondent, v Andrea Falgoust, appellant. (Index No. 200378/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the sale of the marital residence pending the hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered October 27, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4949
O/sl
NANCY E. SMITH, J.P.
HOWARD MILLER
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2002-03886, 2002-05379, 2002-05465
Edwin Frederick, respondent, v Josef Fried, appellant, et al., defendant. (Action No. 1) (Index No. 28711/86) Edwin Frederick, etc., et al., respondents, v Josef Fried, appellant. (Action No. 2) (Index No. 4831/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue appeals from a judgment and two orders of the Supreme Court, Kings County, all dated March 15, 2002, which were determined by decision and order of this court dated September 22, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
SMITH, J.P., H. MILLER, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4891
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-00164 Ana Maria Gomez, appellant, v Needham Capital Group, Inc., et al., respondents. (Index No. 19829/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered November 26, 2002, to strike portions of the respondents' brief on the ground that it refers to matter dehors the record, and for costs on the motion.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to strike portions of the respondents' brief is granted; and it is further,
ORDERED that on or before December 10, 2003, the respondents shall either delete or remove from the copies of their brief on file with this court the following:
(1) From page 2 - Point II,
(2) From page 3 - "Questions Presented" No. 2,
(3) All of page 5 and page 6 up to the words "PROCEDURAL HISTORY", and
(4) Page 13 beginning with the words "Point II" through the end of Page 15;
or serve and file an amended brief that does not contain the stricken material; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief is enlarged until December 22, 2003; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4957
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-07270 Patricia Hayes, etc., appellant, v County Bank, respondent. (Index No. 2281/00)
| DECISION & ORDER ON MOTION |
Motion by Susan Verbonitz, an attorney in good standing in the State of Pennsylvania and the State of New Jersey, to be admitted pro hac vice to represent the respondent on an appeal from an order of the Supreme Court, Queens County, dated June 4, 2003.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4931
M/sl
|
2003-04810
Thomas Kaiser, et al., appellants, v Bryan Delaney, et al., defendants, South Bay Water Taxi, et al., respondents. (Index No. 20353/97)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 21, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4929
M/sl
|
2003-04015
Korea Exchange Bank, respondent, v A.A. Trading Co., Ltd., defendant, Hyoeung Roh, appellant; Michael S. Kimm, nonparty-appellant. (Index No. 2845/02)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated February 28, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 12, 2003, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4924
M/sl
|
2003-04643
David Kyriazis, et al., respondents, v Barry, Bette & Led Duke, Inc., et al., defendants, Barr & Barr, Inc., appellant. (Index No. 36/00)
| 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, Dutchess County, dated April 14, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 26, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4917
M/sl
|
2003-00172, 2003-00373, 2003-00375, 2003-00379, 2003-00384
Manhattanville College, respondent, v James John Romeo Consulting Engineer, P.C., et al., defendants, Aerco International, Inc., et al., appellants. (Appeal No. 1) Manhattanville College, respondent, v James John Romeo Consulting Engineer, P.C., et al., appellants, et al., defendants. (Appeals No. 2, 3, and 4) Manhattanville College, respondent, v James John Romeo Consulting Engineer, P.C., appellant, et al., defendants. (Appeal No. 5) (Index No. 1327/00)
| ORDER ON APPLICATION |
Application by the appellant James John Romeo Consulting Engineer, P.C. pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from five orders of the Supreme Court, Westchester County, all dated December 3, 2002.
ORDERED that the application is granted and the time of the appellant James John Romeo Consulting Engineer, P.C., to serve and file its reply brief is enlarged until December 5, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4890
C/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-01356 Dean Nasca, et al., appellants, v Michael Gertel, et al., respondents. (Index No. 17978/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the respondents' brief on an appeal from an order of the Supreme Court, Suffolk County, dated December 19, 2002, on the ground, inter alia, that it refers to matter dehors the record, and to impose a sanction upon the respondents' attorneys, or, to enlarge the time to serve and file a reply brief in the event the respondents' brief is not stricken.
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 reply brief is granted; the appellants' time to serve and file a reply brief is enlarged until December 16, 2003; and it is further,
ORDERED that the motion is otherwise denied.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4936
O/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-08216 Neil O'Donnell, respondent, v Cynthia O'Donnell, appellant. (Index No. 8158/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a decision of the Supreme Court, Rockland County, dated August 12, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the motion is denied as academic.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4940
O/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2003-09099 Pinnacle Credit Services, Inc., etc., plaintiff, v Francisco Belizario, defendant. (Index No. 1096/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 18, 2003, which affirmed an order of the Civil Court, Kings County, entered June 10, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4956
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-09061 Debra Rizzo, a/k/a DMR Reporting, plaintiff, v Michael L. Pfeifer, defendant. (Index No. 56140/01)
| DECISION & ORDER ON MOTION |
Motion by the defendant for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 5, 2003, which modified an order of the Civil Court, Kings County, entered September 25, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4971
T/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-09602 Leslie Rudman, respondent, v Michael Rudman, appellant. (Index No. 200789/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, dated September 29, 2003, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4897
C/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09294
Sanford Avenue Realty Co., LLC, petitioner, v Rafael Reynoso, respondent. (Index No. 75216/99)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Rafael Reynoso for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 7, 2003, which reversed an order of the Civil Court, Queens County, entered June 3, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4570
M/mv
|
2003-07711
In the Matter of Damien A. (Anonymous). Putnam County Department of Social Services, respondent; Susan A. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-1673-01) In the Matter of Kirk A. (Anonymous). Putnam County Department of Social Services, respondent; Susan A. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-1674-01) In the Matter of Gabriel A. (Anonymous). Putnam County Department of Social Services, respondent; Susan A. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-1675-01)
| ORDER TO SHOW CAUSE |
Appeal by Susan A. from an order of the Family Court, Putnam County, dated July18, 2003. By scheduling order dated September 18, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with the scheduling order dated September 18, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 19, 2003; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4662
M/mv
|
2003-07787
In the Matter of Beth Barsky, respondent, v J. Douglas Zona, appellant. (Docket Nos. V-5741-02, V-5742-02, V-5743-02, V-5744-02)
| ORDER TO SHOW CAUSE |
Appeal by J. Douglas Zona from an order of the Family Court, Westchester County, dated August 4, 2003. By scheduling order dated September 18, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 18, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 19, 2003; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4572
M/mv
|
2003-05136
In the Matter of Constance Brennan, petitioner- respondent, v Glen Johnson, respondent- respondent; Legal Aid Society of Suffolk County, nonparty-appellant. (Docket Nos. V-528-02, V-529-02)
| SCHEDULING ORDER |
Appeal by Legal Aid Society of Suffolk County, Law Guardian for the children, from an order of the Family Court, Suffolk County, dated June 10, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 4, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 12, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent(s) and the law guardian, if any, to serve and file briefs in the above-entitled appeal is enlarged until December 19, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4966
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2003-04594 In the Matter of Brandy Cambridge, appellant, v Scott Alan Cambridge, respondent. (Docket No. V-11733/98)
| DECISION & ORDER ON MOTION |
Motion by the Law Guardian for the child to enlarge the record on appeal from an order of the Family Court, Queens County, dated May 13, 2003, to include an affidavit of the respondent dated October 10, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4669
M/mv
|
2003-04594 In the Matter of Brandy Cambridge, appellant, v Scott Cambridge, respondent. (Docket No. V-11733-98)
| SCHEDULING ORDER |
Appeal by Brandy Cambridge from an order of the Family Court, Queens County, dated May 13, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated August 18, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4894
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-03594 In the Matter of Civic Association of Setaukets, et al., respondents, v Frank Trotta, et al., appellants. (Ind. No. 13293/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the record on an appeal from a judgment of the Supreme Court, Suffolk County, entered April 3, 2003, to include a certain letter dated June 21, 2001, with attached Certificate of Existing Use.
Upon the papers filed in support of the motion and the stipulation of the parties dated October 10, 2003.
ORDERED that the motion is granted
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3980
|
In the Matter of the Dismissal of Causes for Failure to Perfect - October 2003 Calendar
| DECISION & ORDER ON MOTION Dismissal for Failure to Timely Perfect |
The appellants or petitioners in the following named causes have failed to perfect their respective appeals or proceedings within the time limitations specified in subdivision (e) of section 670.8 of the rules of this court (22 NYCRR 670.8[e]). The titles of the matters appeared on a dismissal calendar published in the New York Law Journal, and the appellants or petitioners failed to make applications to enlarge the time to perfect within 10 days after the last date of publication.
Pursuant to 22 NYCRR 670.8(h) it is,
ORDERED that the following named causes are dismissed.
| Docket No. | Title |
| 2000-03813 | Telebank v Balice |
| 2001-03475 | Matter of Starks v Goord |
| 2002-04581 | Matter of Bayberry Association of New Rochelle, Inc. V Board of Assess |
| 2002-09465 | Auguste v Linden Gardens Condominium |
| 2002-09915 | Skewes v Infranca |
| 2002-10165 | Matter of Jenkins v Mazzuca |
| 2002-10263 | Djemal v Dabah |
| 2002-10485 | Matter of Louise Jurgens, Deceased; Witzenburg, James: Jurgens, Charle |
| 2002-10955 | Matter of Molinari v Molinari |
| 2002-11117 | Kapsis v Peragine |
| 2002-11282 | 9394 LLC v Kehler |
| 2002-11436 | Matter of Morales v Goord |
| 2002-11507 | Bartone v County of Nassau |
| 2002-11568 | Abid v Edwards |
| 2002-11593 | Perez v Lutheran Medical Center |
| 2003-00147 | Matter of Grucci v Giresi |
| 2003-00195 | Hustins v Viterise |
| 2003-00202 | Pillai v Pillai |
| 2003-00219 | Guarneri v Rama |
| 2003-00233 | Moutopoulos v Meli |
| 2003-00253 | Geffner v North Shore University Hospital |
| 2003-00275 | Rodriguez v Brandes |
| 2003-00280 | County of Nassau v Palion |
| 2003-00287 | Lee v New York Blood Center |
| 2003-00292 | Canzani v County of Nassau |
| 2003-00315 | Triola v Baldo |
| 2003-00317 | Jama Ltd. V Moscatiello |
| 2003-00319 | Bergmann v Bergmann |
| 2003-00337 | Haight v Estate of Humbert Dephamphilis |
| 2003-00354 | Matter of Sag Harbor Villas Home Owners Assoc., Inc. V Bd. Of Trustees |
| 2003-00357 | DiMaio v Automall Imports, Ltd. |
| 2003-00358 | Automotive Manufacturing & Supply Company v Saccullo |
| 2003-00369 | Davey v Davey |
| 2003-00378 | Doe v Rohan |
| 2003-00382 | Guarino v West-Put Contracting Company |
| 2003-00395 | Politis v Prudential Insurance Company of America |
| 2003-00398 | Justin v Doral Greens Limited Partnership |
| 2003-00400 | Birks v Burwell |
| 2003-00403 | Kalwiss v 214-17 41st Avenue Corp., d/b/a Monahan & Fitzgerald Bar |
| 2003-00404 | Fleischer v Ottato Foods, Ltd, d/b/a/ Marino Brothers Grocery, a/k/a M |
| 2003-00417 | Dingle v National Car Rental Financing Ltd. |
| 2003-00418 | Zaccagnino v Waldbaums, Inc. |
| 2003-00423 | Matter of Geffner v North Shore University Hospital |
| 2003-00427 | Dalton v Dalton |
| 2003-00433 | Liner v Starrett City, Inc. |
| 2003-00435 | Saleh v Brooklyn Federal savings Bank |
| 2003-00437 | Sharma v Panico |
| 2003-00446 | Levy v Carmazi |
| 2003-00466 | Lichtenstein v Barenbaum |
| 2003-00468 | Howard Berger Company, Inc. V Ye |
| 2003-00479 | Lagudi v Spataro |
| 2003-00488 | Charles & Boudin v Meyer |
| 2003-00499 | Aroose v Aroose |
| 2003-00501 | Aroose v Aroose |
| 2003-00503 | Aroose v Aroose |
| 2003-00504 | Aroose v Aroose |
| 2003-00505 | Wisser v Catapano |
| 2003-00514 | Cit Group/Sales Financing Inc. V Freedom Marine Corp., d/b/a Liberty M |
| 2003-00518 | Del Monaco v Calmenson |
| 2003-00523 | Gerzof v Lerner Siblings Partnership |
| 2003-00525 | Connor v Charlop |
| 2003-00535 | Matter of Leeffler v New York State Department of Environmental Conser |
| 2003-00539 | Kumar v Yonkers Contracting Company, Inc. |
| 2003-00552 | Murillo v Podgurski |
| 2003-00554 | Matter of Carrera v Reilly |
| 2003-00555 | Timoney v Emma |
| 2003-00556 | Chery v 846 Prospect Avenue Grocery Corporation |
| 2003-00559 | Raia v Mitsubishi Motors Credit of America |
| 2003-00595 | Santos v City of New York |
| 2003-00602 | Alfaro v Heyward Street Holding, Corp. |
| 2003-00607 | Driscoll v Driscoll |
| 2003-00619 | Schloss v Horton Medical Center, Inc. |
| 2003-00620 | Carmona v Oliver |
| 2003-00624 | Bernstein v Starrett City, Inc., |
| 2003-00629 | Suero v Prospect park Associates Holdings, L.P. |
| 2003-00635 | Mendoza v Trumbell Insurance Company |
| 2003-00639 | Molina v All Seasons Door Window, Inc. |
| 2003-00640 | B & N Properties, LLC v Elmar Associates, LLC |
| 2003-00641 | Gordon v Maceus |
| 2003-00642 | B & N Properties, LLC v Elmar Associates, LLC |
| 2003-00647 | Meade v Heart Ambulette, Corp. |
| 2003-00653 | Matter of Classon & Kent, Inc. V New York City Department of Finance |
| 2003-00654 | Dell'Aira v K. Sohmer Contracting, Inc. |
| 2003-00658 | Bernard v Careccia |
| 2003-00669 | Matter of Sound Shore Medical Center of Westchester v NYS Nurses Assoc |
| 2003-00677 | Carlton v Nassau County Police Department |
| 2003-00678 | Stein v Stein |
| 2003-00686 | Anderson v Town of Oyster Bay |
| 2003-00692 | Werfel v Blocker |
| 2003-00699 | PNE Media, LLC v Nash Estafanous |
| 2003-00706 | Jamaica Hospital Medical Center v Carrier Corporation |
| 2003-00717 | Boone v North Shore University Hospital At Forest Hills |
| 2003-00719 | Brajic v Starwood Hotels & Resorts Worldwide, Inc. |
| 2003-00723 | Poux v St. Catherine of Genoa |
| 2003-00736 | Matter of Hudgins-Middleton v Board of Education |
| 2003-00737 | Inesti v Yoo |
| 2003-00739 | Matter of Eagle Insurance Company v Russell |
| 2003-00744 | Matter of City of New York v Perez |
| 2003-00745 | Friedrich v Friedrich |
| 2003-00758 | Behrens v Detor |
| 2003-00770 | DiGeronimo v Weissberg |
| 2003-00772 | Quinones v Garcia |
| 2003-00774 | Fitzgerald v Manufacturer's Hanover Trust Company |
| 2003-00779 | Dembitzer v Chera |
| 2003-00797 | Orr v Panzer Demolition and Construction |
| 2003-00801 | Mauro v Swezey's Department Stores |
| 2003-00805 | Matter of Bronxville Obstetrical & Gynecological Group, PC |
| 2003-00806 | Matter of Armbruster; Bronxville Obstetrical & Gynecological Group, PC |
| 2003-00815 | Pelaez v DiRusso |
| 2003-00818 | Kelly v Kramer |
| 2003-00825 | Hopkins v Covey, Roberts, Buchanan & McGroddy, Attorney At law |
| 2003-00827 | Hopkins v Covey, Roberts, Buchanan & McGroddy, Attorney At law |
| 2003-00828 | Reiser v Reiser |
| 2003-00838 | Foster v Carriage House Owners, Inc. |
| 2003-00844 | Demesa-Bruce v Sayegh |
| 2003-00847 | Goodman v City of New York |
| 2003-00857 | Medvin v Burton |
| 2003-00887 | Matter of Town of Ramapo v Ramapo Police Benevolent Association |
| 2003-00894 | Matter of Quinn v Humenik |
| 2003-00899 | Schlecker v Yorktown Electrical & Lighting Distributers, Inc. |
| 2003-00908 | Giunta v Webcor Electronics, Inc. |
| 2003-00909 | Ahituv v Ahituv |
| 2003-00910 | Peterson v Roadblock Bar, Inc. |
| 2003-00913 | Walia v Meryc Bus Co., Inc. |
| 2003-00915 | DME Contracting, Inc. V Sea Crest Construction Corporation |
| 2003-00916 | Budd v Cargo Transfer Inc. |
| 2003-00920 | Baldon v County of Nassau |
| 2003-00924 | Posillico v Teplitz |
| 2003-00925 | Niewdach v Ebron |
| 2003-00928 | Matter of Galinkin v David Kim, Inc. |
| 2003-00930 | Weingard v Weingard |
| 2003-00935 | Matter of Wolff v Brewster Central School District |
| 2003-00936 | Chase Manhattan Bank v Savitt |
| 2003-00956 | Frederick v University Towers Associates |
| 2003-00958 | Howell v City of New York City |
| 2003-00964 | Khayut v Kletsel |
| 2003-00971 | Viola v Bdil |
| 2003-00983 | Schwartz v Schwartz |
| 2003-00985 | Nationsbanc v Weintraub |
| 2003-00989 | Thompson v Thompson |
| 2003-00991 | Hunter v Hunter |
| 2003-00992 | GE Capital Vendor Financial Services v Richardson |
| 2003-01008 | Sauer v Sauer |
| 2003-01054 | Lasda v Lasda |
| 2003-01057 | O'Reilly v Resource NE of Long Island Resource NE Inc. |
| 2003-01064 | Malleolo v Malleolo |
| 2003-01066 | Nesenoff v Nesenoff |
| 2003-01070 | Kandrach v Avis Rent A Car Systems, Inc. |
| 2003-01084 | Matter of Gallagher v Oechsler |
| 2003-01088 | Aseel v Aseel |
| 2003-01089 | Coronia v Cinnanut, Inc. |
| 2003-01090 | Arevalo v Nassau County Health Care Corporation |
| 2003-01099 | Daniel Perla Associates, LP v H&L Nostrand Food Corp. |
| 2003-01100 | Tyler v Tyler |
| 2003-01102 | Abraham v Abraham |
| 2003-01104 | Marengo v Marengo |
| 2003-01116 | D'Allessandro v Tishman Realty & Construction Co., Inc. |
| 2003-01125 | Citibank, N.A. v Walker |
| 2003-01127 | Udell v Keingstein |
| 2003-01129 | Kew Gardens Hills Apartment Owners, Inc. V Horing Welikson & Rosen, P. |
| 2003-01130 | Jeanty v Walters |
| 2003-01133 | Public Administrator of Kings County v City of New York |
| 2003-01137 | Owaid v Allstate Insurance Company |
| 2003-01139 | Marshall v Intercounty Collision, Inc. |
| 2003-01140 | Wells Fargo Bank Minnesota, N.A. v Geed |
| 2003-01146 | Levine v New York City Transit Authority |
| 2003-01148 | Gamble v Western Beef Merrick Boulevard, Inc. |
| 2003-01150 | Mengisopoulos v Meyers parking System, Inc. |
| 2003-01151 | Rakhanaev v Geller |
| 2003-01153 | Despen v Churchman |
| 2003-01158 | Ray v Brooklyn Union Gas Company |
| 2003-01159 | Ray v Brooklyn Union Gas Company |
| 2003-01163 | Porter v Porter |
| 2003-01166 | Porter v Porter |
| 2003-01167 | Brower v Road Rescue, Inc. |
| 2003-01168 | Porter v Porter |
| 2003-01169 | Worth v Zamboli |
| 2003-01175 | Mendes v Massapequa Park Sunoco Service Station, Inc. |
| 2003-01178 | Leli v Occhiopinto |
| 2003-01186 | Maffeo v Tilley |
| 2003-01187 | Benjamin v Benjamin |
| 2003-01191 | Mecca v Shang |
| 2003-01193 | Neshev v Polizzi |
| 2003-01194 | Candon Court Homeowners Association, Inc. V Motelson |
| 2003-01201 | Barlow v Werner Company |
| 2003-01207 | Oren v Gerard J. Picaso, Inc. |
| 2003-01208 | Chidichimo v DaimlerChrysler Corporation |
| 2003-01212 | Daniel Perla Associates, L.P. v Between The Bridges Realty Corporation |
| 2003-01215 | Kaplan v Miranda |
| 2003-01230 | Buitrago v Hanenberg |
| 2003-01231 | Jordan v Huntington |
| 2003-01233 | Zhao v Zhang |
| 2003-01236 | Elkholy v McGraw-Hill Building Management |
| 2003-01238 | Salcedo v St. John's Queens Hospital |
| 2003-01245 | Mayer v Barbash |
| 2003-01246 | Peterson v State of New York |
| 2003-01247 | Caracciola v State of New York |
| 2003-01249 | Matter of Szkambara; Estate of Michael Szkambara |
| 2003-01251 | Matter of Morales v Bongiorno |
| 2003-01260 | Orlando v Orlando |
| 2003-01261 | Gallimore v Wing |
| 2003-01281 | Nationscredit Financial Services Corporation v Pizzella |
| 2003-01287 | Fezzuoglio v Ascencio |
| 2003-01292 | Mazzei v Cacucciolo |
| 2003-01302 | Lespinasse v Florian's Food Service, Inc. |
| 2003-01307 | VonDorpp v Homan |
| 2003-01311 | Saracena v Mittleman |
| 2003-01322 | Friedman v Friedman |
| 2003-01328 | Leno v DePasquale |
| 2003-01330 | Cancellare v Jabkowski |
| 2003-01336 | Short v Short |
| 2003-01337 | Nesconset Nursing Center v Viscardi |
| 2003-01338 | Johansen v Coca-Cola Company |
| 2003-01339 | Greco v Jean-Baptiste |
| 2003-01340 | Greco v Jean-Baptiste |
| 2003-01341 | Ocwen Federal Bank FSB, f/k/a Berkeley Federal Bank & Trust, FSB v Kha |
| 2003-01344 | McGoldrick v Mayfair Super Market, Inc., d/b/a Edwards Super Food Store |
| 2003-01351 | Erdmann v Erdmann |
| 2003-01352 | Jacobs v City of New York |
| 2003-01355 | Nazif v East Meadow School |
| 2003-01363 | Matter of Rodriguez v Phillips |
| 2003-01367 | Matter of Doyle v Zoning Board of Appeals of the Town of Carmel |
| 2003-01381 | Matter of PRM Claim Services, Inc. V Allstate Insurance Company |
| 2003-01383 | Clifford v Baldwin Union Free School District |
| 2003-01385 | Kuske v Grosskopf |
| 2003-01391 | David v David |
| 2003-01406 | Armand v Cohen |
| 2003-01418 | Perkins v St. Vincent's Hospital and Medical Center |
| 2003-01420 | Nieh v Nieh, n/k/a Estate of Nieh |
| 2003-01421 | Fridman v City of New York |
| 2003-01422 | Siu v Mastandrea |
| 2003-01436 | Matter of Government Employees Insurance Company v Aronov |
| 2003-01440 | Neptune v City of New York |
| 2003-01458 | Matter of State Farm Mutual Automobile Insurance Company v Reid |
| 2003-01471 | Lubkemeir v Metropolitan Life Insurance Company |
| 2003-01474 | State Farm Mutual Automobile Insurance Company v Hayes |
| 2003-01475 | Pinkall v Pileski |
| 2003-01488 | Tri-Global Management, Corp. V Richardson |
| 2003-01489 | Yetsam v G.M.D. Shipyard |
| 2003-01494 | Matter of Berger, Deceased; Manes |
| 2003-01502 | Harco Consultants Corporation v Merrick Blvd. Holding Corporation |
| 2003-01504 | Harco Consultants Corporation v Merrick Blvd. Holding Corporation |
| 2003-01505 | DiVirgilio v Congregation Kehal Keren Ledovic Zichron Dov, Inc. |
| 2003-01507 | Jones v Radeker |
| 2003-01508 | Paley v Landau Grocery Store |
| 2003-01510 | Matter of Allstate Insurance Company v Palmer |
| 2003-01515 | Anderson v GSL Enterprises, Inc. |
| 2003-01517 | Pinto v Pinto |
| 2003-01521 | Derenches v Sea Crest Const. Corp./James McMullagh Company |
| 2003-01528 | Peterson v Town of Hempstead |
| 2003-01535 | Shahid v Bonilla |
| 2003-01537 | Matter of Canale, Deceased; Scomello |
| 2003-01538 | Kings Park Contracting, Inc. V Tuck Sea Restaurant Corporation |
| 2003-01539 | Matter of Stevens v Giannadeo |
| 2003-01540 | NYCTL 1998-2 Trust v Giusalton Enterprises, Inc. |
| 2003-01541 | Homer, Inc. V Zervos |
| 2003-01547 | Vinci v Denny's Restaurant, Inc. |
| 2003-01551 | Matter of Eagle Insurance Company v Travelers Insurance Company a/s/o |
| 2003-01552 | Ivanyushkina v City of New York |
| 2003-01564 | NYCTL 1998-1 Trust v Aulston |
| 2003-01568 | Rosendale v Law Offices of Charles G. Stiene, P.C. |
| 2003-01572 | Familia v Mayor |
| 2003-01574 | Stillwagon v Dover Elevator Company |
| 2003-01575 | Siegel v Shinderman |
| 2003-01581 | Tighe v Consolidated Edison Company of New York, Inc. |
| 2003-01582 | Scalone v Witkowska |
| 2003-01586 | Wisell v Indo-Med Commodities, Inc. |
| 2003-01591 | Grace v City of Mount Vernon |
| 2003-01598 | Zaccagnino v Society of Don Bosco, Order of Salesians |
| 2003-01604 | Manges v Travelers Property Casualty, Corp. |
| 2003-01612 | Keegan v Prudential Insurance, Co. |
| 2003-01623 | Matter of N.Y.A.S.H.A. v Clarendon National Insurance Company |
| 2003-01629 | Kartanos v Politopoulos |
| 2003-01630 | Rivera v Flomenhaft |
| 2003-01631 | Alert Security Sales, Inc. V American Express Travel Related Services |
| 2003-01632 | ML Realty Group, Inc. V MCS Realty Partners, L.P. |
| 2003-01638 | Matter of Lynn v Cahill |
| 2003-01643 | Caracciola v State of New York |
| 2003-01662 | Salerno v North Shore Towers Apts., Inc. |
| 2003-01668 | Sirigo v Parish of St. James |
| 2003-01673 | Buehler v Buehler |
| 2003-01690 | Connor v Medford elementary School |
| 2003-01691 | Gevertz v United Jewish Appeal Federation of Jewish Philanthropies of |
| 2003-01695 | Truckers Bank Plan, a division of 1st Source Bank v RIT Auto Leasing G |
| 2003-01698 | Rine v Rine |
| 2003-01706 | Riverside Capital Advisors, Inc. V Winchester Global Trust Company Lim |
| 2003-01707 | Carnel v Berju |
| 2003-01708 | Tuli v Sabharwal |
| 2003-01709 | Tuli v Sachdev |
| 2003-01711 | Street v North Shore University Hospital |
| 2003-01717 | Walker v Metropolitan Suburban Bus Authority, d/b/a MTA/L.I. Bus |
| 2003-01721 | Senese v Dellavecchia |
| 2003-01723 | Merchants Securities (Loans) Ltd. V Weinroth |
| 2003-01725 | Shore Pharmaceutical Providers, Inc. V Glen Island Care Center |
| 2003-01728 | Van Kuyk v Serrian |
| 2003-01729 | Gold-Sparrow v Giurco |
| 2003-01730 | Englard v Kamran Pourgol Realty, Corp. |
| 2003-01731 | Matter of North Shore F.C.P., Inc. V Mammina |
| 2003-01733 | Linder v County of Nassau |
| 2003-01740 | Botte v Botte |
| 2003-01743 | Cronin v DeLisi |
| 2003-01751 | Caponigro v Lucchi-Caponigro |
| 2003-01754 | M.G. Kraemer Construction, Inc. V Kandrach |
| 2003-01761 | Leha v Yonkers General Hospital |
| 2003-01763 | Macchia v DeLorenzo |
| 2003-01764 | Archer v Lehman |
| 2003-01770 | Meagher v Leary |
| 2003-01788 | Gannett Suburban Newspapers v El-Kam Realty Company |
| 2003-01795 | Matter of GEICO General Insurance Company v General Accident Ins. Co. |
| 2003-01828 | Matter of Malverne Muster Club v Board of Appeals of Town of Brookhave |
| 2003-01844 | Zhi He Ma v Citibank |
| 2003-01858 | DaSilva v City of New York |
| 2003-01861 | Stein v Stern |
| 2003-01862 | Dellimore v Pfizer, Inc., f/k/a Chas. Pfizer & Co., Inc. |
| 2003-01864 | O'Malley v City of New York |
| 2003-01866 | Davey v Davey |
| 2003-01870 | Johnson v City of New York |
| 2003-01871 | Matter of Employers Insurance Company of Wausau v Fatay |
| 2003-01872 | Epps v Rutland Nursing Home Co., Inc. |
| 2003-01876 | Romero v Decatur Stuyvesant Senior Citizen Center |
| 2003-01879 | Nelson v City of New York |
| 2003-01884 | Hwang v Sano |
| 2003-01887 | Mancini v City of New York |
| 2003-01911 | Mann v Rusk |
| 2003-01919 | Achaibar v Jagpal |
| 2003-01922 | Iannello v Iannello |
| 2003-01923 | Ritziu v Ritziu |
| 2003-01927 | Pilger v Bergner |
| 2003-01935 | McKenzie v Lim |
| 2003-01936 | Bonet v State of New York |
| 2003-01938 | Santiago v Griffith Trucking |
| 2003-01953 | Reilly v Reilly |
| 2003-01966 | Wood v Koenigsberg |
| 2003-01987 | Medina v Luzon |
| 2003-01993 | Castillo v Exclusive Motors, Inc. |
| 2003-01998 | Raoul v East Ramapo Central School District |
| 2003-02000 | Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Finance Comp |
| 2003-02001 | Syndicate Trading, LLC v Fox |
| 2003-02019 | Jayson v Suffolk Urology Associates, P.C. |
| 2003-02022 | Matter of Morales v Morales |
| 2003-02032 | Matter of M., David; Suffolk County District Attorney |
| 2003-02035 | Matter of Breslow, Barry; New York Stock Exchange |
| 2003-02040 | Goldin v Goldin |
| 2003-02053 | Matter of Bennett v New Rochelle Police Department |
| 2003-02056 | Matter of Capwell v Westchester County Health Care Corporation |
| 2003-02058 | Riga v Riga |
| 2003-02059 | Riga v Riga |
| 2003-02061 | TIG Insurance v Wacky Wax |
| 2003-02063 | Beatrice v Eichen |
| 2003-02064 | Dodge v City of New Rochelle |
| 2003-02080 | Losner v Cashline, L.P. |
| 2003-02081 | Sosa v New York City Housing Authority |
| 2003-02084 | Thompson v Bilak |
| 2003-02087 | Rivera v Richmond Block 2850 Corporation |
| 2003-02092 | Ferrari v Town of Huntington |
| 2003-02116 | Kenney v Hudson |
| 2003-02123 | Miele v Maligiamokis |
| 2003-02125 | DeWitt v DeWitt |
| 2003-02127 | Calderon v Monadnock Construction |
| 2003-02129 | Yung v Million Family March, Inc. |
| 2003-02141 | Clarke v Barr |
| 2003-02150 | Vega v New York Racing Association, Inc. |
| 2003-02154 | Chessen-Gelles v Sher |
| 2003-02175 | Song v Song |
| 2003-02177 | Ryf v Long Island Paramount Party Productions, Inc. |
| 2003-02178 | Raiford v Adelphi University |
| 2003-02185 | Ciaravalo v Ciaravalo |
| 2003-02192 | Ranghelli v Incorporated Village of Lawrence |
| 2003-02197 | Vaccaro v Vitrano |
| 2003-02198 | Roland v PBL Entertainment, Inc., d/b/a South Beach Water Club |
| 2003-02199 | Paula v William Dye Realty Corporation |
| 2003-02204 | Bacchus v Vickers |
| 2003-02205 | Stein v New York Stair Cushion Company, Inc. |
| 2003-02208 | DeCarlo v Incorporated Village of Garden City |
| 2003-02218 | Ayarza v 1552-1575-1581 President Street Realty Corporation |
| 2003-02222 | Gugliotta v Apollo Roland Brokerage, Inc. |
| 2003-02230 | Kumar v Nassau County |
| 2003-02232 | Matter of Villone v Nassau County Civil Service Commission |
| 2003-02236 | Nationscredit Home Equity Services v Stoecker |
| 2003-02258 | Klinger v Palmer |
| 2003-02259 | Gotham Plaza Associates, LLC v KFC of America, Inc. |
| 2003-02262 | Marshall v County of Nassau |
| 2003-02280 | Matter of Ramsey v Town of Hempstead |
| 2003-02281 | Hanrahan v Rosen |
| 2003-02292 | Amy v Egitto |
| 2003-02295 | Zafran v Zafran |
| 2003-02301 | Trent v Town of Riverhead |
| 2003-02320 | Bankers Trust Company of California, N.A. v Davies |
| 2003-02324 | Danish Consulate General U.N. Mission v Browne |
| 2003-02332 | Perell v Krause |
| 2003-02338 | Wasco Funding, Corp. V Wolf |
| 2003-02345 | Giannopoulos v Giannopoulos |
| 2003-02366 | Matter of Birchwood Towers #One Associates v Driscoll |
| 2003-02371 | New Bright Cleaners Inc. V Star Associates |
| 2003-02372 | Matter of Staten v Chrysler Insurance Company |
| 2003-02413 | Snyder v Snyder |
| 2003-02418 | Dickey v Cashman |
| 2003-02419 | Hernandez v C&L Electric, Inc. |
| 2003-02420 | Grioli v Brothers Aluminum Corporation |
| 2003-02428 | Matter of McDougald v Inc. Village of Hempstead |
| 2003-02432 | Talmadge v Bachenheimer |
| 2003-02433 | Antonetti v Dell |
| 2003-02434 | Shrenkel v Mainella |
| 2003-02448 | Island Associate Real Estate, Inc. V Hassett |
| 2003-02449 | Evans v Evans |
| 2003-02450 | Grignon v White |
| 2003-02469 | Marone v Slattery Associates, Inc. |
| 2003-02472 | Palka v MFA Construction, Inc. |
| 2003-02477 | Tri-Global Management Corp. V Richardson |
| 2003-02478 | Schaff v Letterelli |
| 2003-02479 | Acevedo v New York City Housing Authority |
| 2003-02486 | Chase Manhattan Bank v Harden |
| 2003-02490 | Ancona v City of New York |
| 2003-02491 | Goldphil Realty Company, Inc. V Pankin |
| 2003-02492 | HomeSide Lending, Inc. V Woods |
| 2003-02504 | Muir v Muir |
| 2003-02505 | Matter of Grillo, Deceased; Riedel |
| 2003-02513 | Lopez v Yusuf |
| 2003-02529 | Metropolitan Property & Casualty Insurance Company v DeFilipo |
| 2003-02535 | Leo v Levi |
| 2003-02536 | Matter of Gawlowski v Board of Zoning Appeals of the Town of Brookhave |
| 2003-02543 | Matter of Caggiano v Trotta |
| 2003-02547 | Gihon, LLC v 501 Second Street, LLC |
| 2003-02558 | Flood v Flood |
| 2003-02562 | Housey v Tower Elevator Corporation |
| 2003-02565 | Donofrio v Citibank, N.A. |
| 2003-02570 | Roufanis v Roufanis |
| 2003-02571 | Matter of Colonial Penn Insurance Company v Gorbunov |
| 2003-02574 | Mauro v Gold Star Limo, Corp. |
| 2003-02575 | Wasiak v Staten Island University Hospital |
| 2003-02576 | Matter of State Farm Mutual Automobile Ins. Company v City of New York |
| 2003-02577 | Vaz v Admiral Technolotgies, Inc. |
| 2003-02578 | Washington Mutual Homeloans, Inc. V Burrell |
| 2003-02579 | Washington Mutual Homeloans, Inc. V Burrell |
| 2003-02580 | Perry v Castellanos |
| 2003-02581 | Zhelyayev v Nam |
| 2003-02589 | Jagdeo v Sears, Roebuck & Company |
| 2003-02600 | Employers Insurance of Wausau, A Mutual Company v Gallo Wine Distribut |
| 2003-02603 | Loduca v Hernandez |
| 2003-02617 | Matter of New York Central Mutual Fire Insurance Company v DeMatteo |
| 2003-02618 | Bell v Waldbaum, Inc. |
| 2003-02619 | Zizza v Realini |
| 2003-02620 | Stein v Stern |
| 2003-02625 | Ahrens v Chisena |
| 2003-02629 | Brown v Metropolitan Transportation Authority |
| 2003-02635 | Rosenthal v Rosenthal |
| 2003-02636 | Pressley v Jo-Lu-Bee Realty Corporation |
| 2003-02645 | Lagudi v Spataro |
| 2003-02655 | Kousoulas v Two Cent, Corp. |
| 2003-02658 | Ramos v Kozarez |
| 2003-02659 | Winslow v AJ Construction Company |
| 2003-02665 | Friedman v Vanlowe |
| 2003-02671 | Lambert-Wright v McCaw |
| 2003-02672 | Schlesinger v Schlesinger |
| 2003-02674 | Fleet National Bank v Amerex Textiles Company, Inc. |
| 2003-02706 | McGrath v Town of Smithtown |
| 2003-02726 | King Kullen Grocery Co., Inc. V Center Moriches Square, LLC |
| 2003-02727 | Orlando v NRP, LLC II |
| 2003-02729 | Luna v ramirez |
| 2003-02753 | Mitchell v Harrison |
| 2003-02754 | Levine v Levine |
| 2003-02758 | Armano v Armano |
| 2003-02759 | Ross v Syndicate Trading, LLC |
| 2003-02760 | Town of Mount Pleasant v Legion of Christ, Inc. |
| 2003-02761 | Nadzam v The Food Emporium, Inc. |
| 2003-02762 | Town of Mount Pleasant v Legion of Christ, Inc. |
| 2003-02769 | Perna v Ellner |
| 2003-02771 | Matter of Uniformed Fire Fighters Association, Inc., Local 273 v City |
| 2003-02772 | North White Properties, LLP v Westchester County Realty, Inc. |
| 2003-02775 | Sivak v Grimaldi |
| 2003-02778 | Grabel v Grabel |
| 2003-02781 | Maser v Maser |
| 2003-02784 | Nash v Giacobbe |
| 2003-02809 | Branch Holding Company v Advanced Medical Laboratory, Inc. |
| 2003-02817 | Scarpati v Shroid Construction, Inc. |
| 2003-02828 | Brandes v North Shore University Hospital |
| 2003-02831 | Kwon-Ho Lee v Trans American Trucking Service, Inc. |
| 2003-02838 | Jones v Diamond |
| 2003-02839 | Torres v Lopes |
| 2003-02850 | Hussain v Atlas Plumbing & Heating, Inc. |
| 2003-02856 | Brandywine Realty Trust v Blodnick, Blodnick & Zelin, P.C. |
| 2003-02857 | The Hospital For Joint Diseases v County-Wide Insurance Company |
| 2003-02858 | Lee v First Episcopal District of African Methodist Episcopal Church |
| 2003-02866 | Geodata Plus, Inc. V Comps Inc. |
| 2003-02870 | Wells Fargo Bank Minnesota v G & S School Street, Inc. |
| 2003-02876 | Stefanello v Cinque |
| 2003-02882 | Laskaris v Laskaris |
| 2003-02885 | Lenox Hill Hospital a/a/o Raehle, Richar v Allstate Insurance Company |
| 2003-02887 | Mason v Duane Reade, Inc. |
| 2003-02910 | Blanco v Enterprise Rent-A-Car- Company |
| 2003-02912 | Nunez v Goris |
| 2003-02915 | Matter of Cohen v Village of Goshen |
| 2003-02927 | Kryten Iron Works, Inc. V Morris Park Contracting, Corp. |
| 2003-02931 | Maden v Kanaan |
| 2003-02932 | Zarfati v Cougar Italian Fashion |
| 2003-02936 | Zadov v Beslity |
| 2003-02942 | Shahid v Brooklyn Legal Corporation Services |
| 2003-02943 | Young v City of New York |
| 2003-02944 | Schlesinger v Schlesinger |
| 2003-02955 | Matter of Stampfel v Scarpetta |
| 2003-02958 | Drantch v Shop Rite |
| 2003-02961 | Wells Fargo Home Mortgage, Inc., f/k/a Norwest Mortgage, Inc. V Adjei- |
| 2003-02997 | Sikic v Metropolitan Life Insurance Company |
| 2003-03003 | Matter of Milton Avenue Homeowners Association, Inc. V PGS, LLC |
| 2003-03035 | Santiago v Hickey |
| 2003-03059 | Kornblum v Kornblum |
| 2003-03060 | Nelson v Gomez |
| 2003-03063 | Makris v Westchester County |
| 2003-03071 | Schwartzberg v Kingsbridge Heights Care Center, Inc. |
| 2003-03074 | Pongvitayapanu v Manhasset Remodeling, Inc. |
| 2003-03095 | Hannah v Myers |
| 2003-03100 | D&S Machine Co., Inc. V Kotliar |
| 2003-03105 | Eckert v Queens College |
| 2003-03107 | Matter of Nationwide Insurance Company v Mavroudes |
| 2003-03108 | Uglialoro v Enterprise Rent-A-Car Company |
| 2003-03111 | Burns v Scotman |
| 2003-03119 | Lyons v Central Valley Realty Co., a Partnership |
| 2003-03121 | Audax Construction Corp. V Metropolitan Transportatiion Authority |
| 2003-03135 | United Recycling Systems of Long Island, Inc. |
| 2003-03157 | Garcia v Bay Ridge Automobiles Ltd. |
| 2003-03202 | Matero v Hart |
| 2003-03208 | Central Suffolk Hospital v Sprance |
| 2003-03327 | Caruso-Goleeke v Accurate Fence |
| 2003-03517 | Donoghue v Donoghue |
| 2003-03518 | Rouhani v Alishahi |
| 2003-03521 | Donoghue v Donoghue |
| 2003-03626 | Fuentes v State of New York |
| 2003-03629 | Fuentes v State of New York |
| 2003-03730 | Matter of Schettino v Village of Mamaroneck |
| 2003-03832 | Gray v Gray |
| 2003-03879 | Laneve v We Care Partnership |
| 2003-03905 | D'Elia v Hill |
| 2003-04270 | Elvir v Staten Island University Hospital |
| 2003-04524 | Carmellie v Jurnack-Dewell |
| 2003-04527 | Zeltser v U-Haul Company |
| 2003-04881 | Schvimmer v Schlesinger |
| 2003-05215 | XL Care Agency, Inc. V Jamal |
| 2003-06412 | Matter of Burton |
| 2003-07088 | Mazzei v Cacucciolo |
| 2003-07251 | Fleet Capital Leasing/Global Vendor Finance v Angiuli Motors, Inc. |
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4663
M/mv
|
2003-06616
In the Matter of Charmaine Freels, respondent, v Charles E. Freels, Jr., appellant. (Docket No. F-4172-01)
| ORDER TO SHOW CAUSE |
Appeal by Charles E. Freels, Jr. from an order of the Family Court, Suffolk County, dated June 18, 2003. By scheduling order dated September 18, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 18, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 19, 2003; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4654
M/mv
|
2003-06667
In the Matter of Sharon Gaulman, appellant, v Donnell Williams, respondent. (Docket No. P-1759-93)
| SCHEDULING ORDER |
Appeal by Sharon Gaulman from an order of the Family Court, Queens County, dated June 18, 2003. By decision and order of this court dated November 12, 2003, 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4660
M/mv
|
2003-02286, 2003-02288 In the Matter of Paul J. (Anonymous). Administration for Children's Services, respondent; Tamika F. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-7713-01) 2003-02291, 2003-02293 In the Matter of Tyquan J. (Anonymous). Administration for Children's Services, respondent; Tamika F. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-7712-01) 2003-02299, 2003-02300 In the Matter of Shamik F. (Anonymous). Administration for Children's Services, respondent; Tamika F. (Anonymous), appellant. (Proceeding No. 3) (Docket No. N-7711-01)
| SCHEDULING ORDER |
Appeals by Tamika F. from three orders of the Family Court, Queens County, dated October 30, 2002, and three orders of the same court, dated March 4, 2003, respectively. The appellant's brief was filed in the office of the Clerk of this court on August 14, 2003. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September, 24 2003, in the above-entitled proceedings is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeals is enlarged until December 22, 2003.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4932
K/cf
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
SONDRA MILLER, JJ.
|
2003-04820 In the Matter of Edward Lowenthal, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Edward Lowenthal has voluntarily submitted an affidavit dated May 29, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Lowenthal was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 17, 1970. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Lowenthal presently resides in New Jersey, no longer practices law, and, under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Edward Lowenthal, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Edward Lowenthal is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Edward Lowenthal, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
RITTER, J.P., SANTUCCI, ALTMAN, FLORIO and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4916
K/cf
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
1991-01728
In the Matter of Alton H. Maddox, a suspended attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, inter alia, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated August 1, 1994, he was suspended from the practice of law for a period of five years. By decision and order on motion of this court dated October 12, 1994, his motion for reargument of the order of suspension was denied. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on March 15, 1976.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., SANTUCCI, ALTMAN, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4657
M/mv
|
2002-06741, 2002-07868 In the Matter of Vincent Malfetano, respondent, v Sandra Parker, appellant. (Docket Nos. O-01520-02, V-2699-02)
| SCHEDULING ORDER |
Appeals by Sandra Parker from two orders of the Family Court, Westchester County, dated June 24, 2002, and August 6, 2002, respectively. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated June 18, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeals is enlarged until December 12, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4584
M/mv
|
2003-07782
In the Matter of Clifford R. Medney, appellant- respondent, v Tania Medney, respondent-appellant. (Docket No. F-00170-00)
| ORDER TO SHOW CAUSE |
Appeal and cross appeal from an order of the Family Court, Westchester County, dated August 6, 2003. By scheduling order dated September 29, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal and the cross appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 29, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 19, 2003; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4959
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-06223 In the Matter of Robert F. Meehan, et al., respondents, v County of Westchester, et al., appellants, et al., defendant. (Index No. 18893/20)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant County of Westchester for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Westchester County, dated June 19, 2003.
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 appeal shall be calendared when it is fully perfected.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4892
E/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-10001
In the Matter of Caroline Mellone, petitioner, v Sebastian Mellone, respondent. (Docket No. V-09296-03, V-09296-03/03A)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to appeal to this court from an order of the Family Court, Kings County, dated November 7, 2003, and to stay enforcement of the order pending the 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 branch of the motion which is for leave to appeal is denied; and it is further,
ORDERED that the branch of the motion which is for a stay is denied as academic.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4659
M/mv
|
2003-07167
In the Matter of Treyvon N. (Anonymous). Administration for Children's Services, petitioner-respondent; Jean Q. (Anonymous), appellant; Latisha P. (Anonymous), respondent. (Docket No. N-1712/02)
| SCHEDULING ORDER |
Appeal by Jean Q. from an order of the Family Court, Richmond County, dated June 25, 2003. By decision and order of this court dated October 6, 2003, the appellant's motion for leave to prosecute the above-entitled appeal as a poor person was denied with leave to renew on or before November 10, 2003. The motion was not renewed. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4911
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-04038
In the Matter of Howard P. Newman, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Howard P. Newman has voluntarily submitted an affidavit dated April 24, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Newman was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 17, 1979. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Newman presently resides and practices law in Florida, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Howard P. Newman, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Howard P. Newman is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Howard P. Newman , is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4903
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2000-03849
In the Matter of Melinda Pollard, a suspended attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Melinda Pollard, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 7, 1983. By opinion and order of this court dated December 17, 2001, she was suspended from the practice of law for a period of one year.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is held in abeyance, and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney including, but not limited to, the submission of a letter of employment from her post-suspension employer.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4896
Y/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09974 In the Matter of Jeffrey Pollock, respondent, v Janice Vega, appellant. (Docket Nos. V-2972/99, V-1111/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Family Court, Queens County dated October 24, 2003, requiring the subject child to reside in New York with the appellant pending completion of the trial and requiring the child to be enrolled in a school in New York City.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see Family Ct Act 1112[a]); and it is further,
ORDERED that the motion is granted and enforcement of the order requiring the subject child to reside in New York with the appellant pending completion of the trial and requiring the child to be enrolled in a school in New York City is stayed pending the hearing and determination of the appeal; and it is further,
ORDERED that the matter is remitted to the Family Court, Queens County, to immediately hear and determine the issue of an appropriate visitation schedule for the father pending the hearing and determination of the appeal or the issuance of a final order by the Family Court.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4934
K/cf
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO
SONDRA MILLER, JJ.
|
2003-03344 In the Matter of Kent K. Reynolds, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Kent K. Reynolds has voluntarily submitted an affidavit dated April 9, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Reynolds was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 7, 1986. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Reynolds presently resides in Missouri, does not practice law in New York and, under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Kent K. Reynolds, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Kent K. Reynolds is removed from the roll of attorneys and counselors-at-law in New York State, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Kent K. Reynolds, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
RITTER, J.P., SANTUCCI, ALTMAN, FLORIO and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4664
M/mv
|
2002-11387 In the Matter of Dana Lisette S. (Anonymous). Little Flower Children's Services, et al., respondents; Iris C. (Anonymous), appellant; Maria M. (Anonymous), intervenor-appellant. (Index No. B-23222-00)
| SCHEDULING ORDER |
Appeals by Iris C. and Maria M. from an order of the Family Court, Kings County, dated November 12, 2002. The appellants' briefs were filed in the office of the Clerk of this court on August 18, 2003, and August 19, 2003, respectively. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is
ORDERED that the scheduling order of this court dated September 12, 2003, in the above-entitled proceeding is amended to provide that the time of the respondent/the law guardian to serve and file a brief in the above-entitled appeal is enlarged until December 12, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4656
M/mv
|
2003-04978 In the Matter of Rahmel S. (Anonymous), appellant. (Docket No. D-10907-01)
| SCHEDULING ORDER |
Appeal by the juvenile from an order of the Family Court, Queens County, dated May 22, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 23, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that within 45 days of the date of this order, the respondent 's brief in the above-entitled appeal, shall be served and filed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4666
M/mv
|
2002-11112 In the Matter of Savion S. (Anonymous). Rockland County Department of Social Services, respondent; Rosita S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Kiarra S. (Anonymous). Rockland County Department of Social Services, respondent; Rosita S. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-3200-02, B-3201-02)
| SCHEDULING ORDER |
Appeal by Rosita S. from an order of the Family Court, Rockland County, dated October 28, 2002. The appellant's brief was filed in the office of the Clerk of this court on October 15, 2003, and the respondent's brief was filed on October 30, 2003. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the Law Guardian shall serve and file its brief on the appeal on or before December 19, 2003.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4904
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
THOMAS A. ADAMS, JJ.
|
1993-06434
In the Matter of Patrick C. Sealy, a disbarred attorney.
| DECISION & ORDER ON APPLICATION FOR REINSTATEMENT |
Application by the respondent, Patrick C. Sealy, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated April 17, 1995, the respondent was disbarred after a hearing at which the three charges of professional misconduct were sustained. The charges emanated from the respondent's submission of false vouchers to the Assigned Counsel Defender Plan between 1984 and 1988 for services which had not been performed. The charges were couched in terms of engaging in conduct: 1) adversely reflecting on his fitness to practice law; 2) involving dishonesty, fraud, deceit, or misrepresentation; and 3) prejudicial to the administration of justice. By decision and order on application of this court dated June 17, 1998, the respondent's first application for reinstatement was denied as premature. By decision and order on application of this court dated December 10, 2002, his second application for reinstatement was held in abeyance, and the matter was referred to the Committee on Character and Fitness for an investigation and report on his current fitness to be an attorney. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 28, 1982.
Upon all of the papers filed in connection with this application, it is
ORDERED that the application is granted; and it is further,
ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law, and the Clerk of the court is directed to restore the name of Patrick C. Sealy to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4909
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
SONDRA MILLER, JJ.
|
2001-03562
In the Matter of Darren M. Shapiro, a suspended attorney.
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Darren M. Shapiro, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated October 28, 2002, he was suspended from the practice of law for a period of one year upon his conviction of a serious crime. On December 7, 2000, the respondent pleaded guilty to obstructing governmental administration, a class A misdemeanor, in violation of Penal Law § 195.05, and operating a motor vehicle under the influence of alcohol or drugs, a class A misdemeanor, in violation of Vehicle and Traffic Law § 1192(3). He was sentenced, inter alia, to three years' probation. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 27, 1999, under the name Darren Mel Shapiro.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness for an investigation and report on the respondent's current fitness to be an attorney.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4935
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-02987 In the Matter of Gabrielle A. Shinohara, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Gabrielle A. Shinohara has voluntarily submitted an affidavit dated April 4, 2003, wherein she, an attorney in good standing, resigns from the New York State Bar. Ms. Shinohara was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 24, 1981. She is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against her. Ms. Shinohara presently resides in Arizona, does not intend to return to New York to practice law, and, under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Gabrielle A. Shinohara, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Gabrielle A. Shinohara is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Gabrielle A. Shinohara, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4655
M/mv
|
2002-05308
In the Matter of Nia V. (Anonymous). Eleanor V. (Anonymous), appellant; Angel Guardian Home, respondent- respondent, et al., respondent. (Docket No. G-19141/00)
| DECISION & ORDER ON MOTION |
Appeal by Eleanor V. from an order of the Family Court, Kings County dated May 20, 2002. By decision and order of this court dated November 12, 2003, the appellant's application for the assignment of counsel 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 appellant receives the transcripts of the minutes of the action in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received. In cases where there are no minutes of action to be transcribed, the appeal in the above-entitled proceeding shall be perfected 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 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 shall not be dismissed.
ENTER:
James Edward Pelzer
Clerk
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4938
K/cf
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2003-03052
In the Matter of Robert Jay Waine, an attorney and counselor-at-law.
| DECISION & ORDER VOLUNTARY RESIGNATION |
Robert Jay Waine has voluntarily submitted an affidavit dated April 7, 2003, wherein he, an attorney in good standing, resigns from the New York State Bar. Mr. Waine was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 26, 1990. He is presently an attorney in good standing in the State of New York and there are no complaints or charges of professional misconduct pending against him. Mr. Waine presently resides in Pennsylvania, does not intend to return to New York to practice law, and, under these circumstances, does not wish to pay the biennial registration fee.
Upon the papers submitted in support of the resignation, it is
ORDERED that the voluntary resignation of Robert Jay Waine, an attorney in good standing, is accepted and directed to be filed; and it is further,
ORDERED that the name of Robert Jay Waine is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Robert Jay Waine, is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding himself out in any way as an attorney and counselor-at-law in the State of New York.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4952
M/mv
|
2002-04229
The People, etc., respondent, v Manuel Alvarenga, appellant. (Ind. No. 1447/01)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered April 12, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 25, 2003, and the appellant's brief is accepted for filing, and it is further,
ORDERED that the respondent's brief shall be served and filed on or before January 26, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4879
F/
GABRIEL M. KRAUSMAN, J.
|
2003-03235
The People, etc., plaintiff, v Tyrone James, defendant. (Ind. No. 2339/95)
| 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 February 24, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GABRIEL M. KRAUSMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4711
K/sl
HOWARD MILLER, J.
|
2003-06901
The People, etc., respondent, v Von Knowlden, a/k/a Salim Abdul-Malik, appellant. (Ind. No. 2864/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant for reargument of his prior motion pursuant to CPL 460.50 for a stay of execution of a judgment of the Supreme Court, Queens County, rendered June 30, 2003, and to release the appellant on his own recognizance, or in the alternative, to fix reasonable bail, which motion was determined by me on October 2, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
HOWARD MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4617
F/
HOWARD MILLER, J.
|
2003-07949
The People, etc., plaintiff, v Malik Scott, defendant. (Ind. No. 6346/98)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 30, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
HOWARD MILLER
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4954
C/sl
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
HOWARD MILLER
SANDRA L. TOWNES, JJ.
|
2003-09202, 2003-09203 The People, etc., plaintiff, v Victor Soto, defendant. (Ind. No. 11610/93)
| DECISION & ORDER ON MOTION |
Motion by Andrea Hirsch, inter alia, to be assigned as counsel to prosecute an appeal from an order of the Supreme Court, Kings County, dated August 27, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as academic, as the defendant's application pursuant to CPL 460.15 for a certificate granting leave to appeal from the order dated August 27, 2003, has been denied.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4878
F/
GABRIEL M. KRAUSMAN, J.
|
2003-03770
The People, etc., plaintiff, v Dean Villante, defendant. (Ind. No. 6929/91)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated April 9, 2003, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GABRIEL M. KRAUSMAN
Associate Justice
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4958
O/sl
NANCY E. SMITH, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
SANDRA L. TOWNES, JJ.
|
2003-05502 The People, etc., respondent, v Richard Walker, appellant. (Ind. No. 290/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Orange County, dated April 14, 2003, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied without prejudice to filing a motion for leave to file a late notice of appeal (see CPL 460.30), and to renew his motion for poor person relief at that time.
SMITH, J.P., GOLDSTEIN, LUCIANO and TOWNES, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M4945
O/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
NANCY E. SMITH
HOWARD MILLER, JJ.
|
2002-06610
The People, etc., respondent, v Amilcar Zelaya, appellant. (Ind. No. 1019-00)
| ORDER TO SHOW CAUSE |
Motion by assigned counsel, in effect, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered June 25, 2002.
On the court's own motion, it is
ORDERED that the appellant show cause before this court, at the courthouse, located at 45 Monroe Place, Brooklyn, N.Y. 11201, on December 26, 2003, at 9:30 A.M., why an order should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that the motion to be relieved of the assignment to prosecute the appeal is held in abeyance in the interim.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk