Appellate Division: Second Judicial Department
M18688
E/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-02111
Bank of America, NA, respondent, v Daniel M. Tobin, defendant; Victoria Ann Tobin, nonparty-appellant. (Index No. 8849/02)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Orange County, dated February 4, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until December 17, 2004, and the record or appendix on the appeal, which shall comply with the rules of this court (see 22 NYCRR 670.9, 670.10.2, 670.10.3) and the appellant's brief must be served and filed on or before that date.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18722
O/nal
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-03485
Lawrence Biggio, respondent, v Jacqueline Biggio, appellant. (Index No. 203547/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 9, 2004, on the ground that the appeal is academic, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto; it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until December 29, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18726
O/nal
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-01871
David Diamond, et al., appellants, v Adrian Di Luzio, et al., respondents. (Index No. 004266/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated December 24, 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 it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until December 29, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18718
E/nl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-07035 Eurofactors International, Inc., appellant, v Jacob Jacobowitz, et al., respondents. (Index No. 14210/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 28, 2004, inter alia, on the ground that the notice of appeal was untimely served.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto; it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18736
O/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-10116
Rafael Garcia, respondent, v Esperanca Prado, et al., defendants, et al., appellants. (Index No. 14476/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 16, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18501
A/nal
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2003-11096, 2004-04943, 2004-04945
Gihon, LLC, respondent, v 501 Second Street, LLC, appellant. (Index No. 3446/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect appeals from (1) an order of the Supreme Court, Kings County, dated October 22, 2003, (2) a judgment of the same court dated November 13, 2003, and (3) an amended order of the same court dated April 28, 2004, and cross motion by the respondent to dismiss the appeals for failure to timely perfect the same and on the ground that appellate review of the issues raised on the appeals is barred by the doctrine of Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged until December 17, 2004, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeals on the ground that appellate review of the issues raised on the appeals is barred by the doctrine of Bray v Cox (38 NY2d 350) is denied, without prejudice to raising the argument in the respondent's brief on the appeals; and it is further,
ORDERED that the cross motion is otherwise denied.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18721
S/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-05011, 2004-07687
Susan Glaser, etc., et al., respondent, v County of Orange, appellant, et al., defendants. (Index No. 0259/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Orange County, dated May 19, 2003, and July 26, 2004, respectively, to stay the trial of the above-entitled action pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeals.
RITTER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M17513
Y/nal
ANITA R. FLORIO, J.P.
HOWARD MILLER
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2004-03418
Bhardwaaj Harripersaud, appellant, v D.J. Air Services, Inc., et al., respondents. (Index No. 18872/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered March 4, 2004, and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeal is enlarged until January 25, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., H. MILLER, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18707
R/nl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
ROBERT W. SCHMIDT
STEPHEN G. CRANE, JJ.
|
2002-10873 Matthew Kane, plaintiff-respondent, v Triborough Bridge & Tunnel Authority, appellant, John L. Wagner, et al., defendants-respondents. (Index No. 22513/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, dated November 13, 2002, which was determined by decision and order of this court dated June 1, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
PRUDENTI, P.J., RITTER, SCHMIDT and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18705
E/nal
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2003-10604
Anne M. Levi, et al., appellants, v Gerard J. Myrthil, respondent. (Index No. 22227/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated October 16, 2003, to strike the respondent's brief on the ground that it was not timely filed.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file a reply brief is enlarged until December 13, 2004, and the reply brief must be served and filed on or before that date.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18727
S/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-02806
Stephen Parker, appellant-respondent, v Ariel Associates Corp., defendant third-party plaintiff-respondent; Paragon Sporting Goods Co., Inc., defendant second third-party plaintiff respondent-appellant; Richard C. Mugler Co., Inc., second third-party defendant-respondent; et al., third-party defendants (and a fourth-party action). (Index No. 9937/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, Paragon Sporting Goods Co., Inc., on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated February 19, 2004, to correct its notice of cross appeal to reflect that it and not Richard C. Mugler Co., Inc., is the respondent-appellant.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the notice of cross appeal is deemed corrected to reflect that Paragon Sporting Goods Co., Inc., is the respondent-appellant (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18745
S/nal
|
2004-10329
Juan C. Quintero, respondent, v Franklin Crane, et al., appellants.
(Index No. 2161/01)
| ORDER ON APPLICATION |
ORDERED that the order on application in the above-entitled action dated July 12, 2004, is amended by deleting Appellate Division Docket No. "2004-01817" and substituting therefor Appellate Division Docket No. "2004-10329".
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18719
E/nl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-05574 Realty Equities, Inc., appellant, v Waldbaum, Inc., et al., respondents. (Index No. 5697/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents Waldbaum, Inc., and Brooke-Vale Equities, Inc., to dismiss an appeal from an order of the Supreme Court, Westchester County, entered June 4, 2004, on the ground that it is frivolous.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
H. MILLER, J.P., GOLDSTEIN, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18746
O/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-03511
Jeffrey Stuart Rosenzweig, respondent, v Caroline Jean Singer, appellant. (Index No. 202330-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, dated February 10, 2004, for failure to timely perfect the same, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; and it is further,
ORDERED that the respondent's time to serve and file a brief is enlarged until January 3, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18687
S/sl
|
2004-03707
Abram Sabo, etc., respondent, v Alberto Candero, appellant, et al., defendant. (Index No. 3991/03)
| 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, Rockland County, dated March 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 20, 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 of the Court
Appellate Division: Second Judicial Department
M18689
S/sl
|
2004-05079
Sheldrake River Realty, Inc., respondent- appellant, v Bernard Nicolais, et al., appellants- respondents. (Action No. 1) (Index No. 07829/03) Salvatore Nicolais, et al., appellants, v Alice Nicolais, respondent. (Action No. 2) (Index No. 19736/02)
| ORDER ON APPLICATION |
Application by the appellants-respondents in Action No. 1 and the appellants in Action No. 2 pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated December 1, 2003.
ORDERED that the application is granted and the movants' time to perfect the appeal is enlarged until January 27, 2005, and the joint record or appendix on the appeal and the movants' 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 appeal (see 22 NYCRR 670.8[c][3]), and the respondent shall serve and file her brief, in accordance with the rules of this court (see 22 NYCRR 670.8).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18732
O/nal
GLORIA GOLDSTEIN, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-01817
Michael N. Teodoru, et al., appellants, v Conway Transport Services, Inc., et al., respondents. (Index No. 2161/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 19, 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; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until January 29, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted.
GOLDSTEIN, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18609
M/nal
|
2004-09047 In the Matter of Joseph P. Brunetti, appellant, v Catherine Brunetti, respondent. (Docket No. F-06790-03)
| SCHEDULING ORDER |
Appeal by Joseph P. Brunetti from an order of the Family Court, Orange County, dated September 10, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18630
M/nal
|
2004-10147, 2004-10148, 2004-10149 In the Matter of Latifah C. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 1 ) In the Matter of Latisha L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 2 ) In the Matter of Lyasia L. (Anonymous). Administration for Children's Services, petitioner-respondent; Morris L. (Anonymous), appellant; et al., respondent. (Proceeding No. 3 ) (Docket Nos. N-11550/03, N-11551/03, N-11552/03)
| SCHEDULING ORDER |
Appeals by Morris L. from three orders of the Family Court, Kings County, dated July 8, 2004, August 25, 2004, and September 30, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered and paid for, the date thereof and the date by which the transcripts are expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeals, a motion in this court for leave to prosecute the appeals as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18626
M/nal
|
2004-10150 In the Matter of Tara C. (Anonymous). Administration for Children's Services, petitioner- respondent; Lavonne C. (Anonymous), respondent; Norman C. (Anonymous), appellant. (Docket No. N-20552/01)
| SCHEDULING ORDER |
Appeal by Norman C. from an order of the Family Court, Kings County, dated May 5, 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 proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M18704
S/nl
ANITA R. FLORIO, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2003-06024, 2004-09062 In the Matter of Dorothy P. Catapano, dece Stuart Grunther, respondent; Joseph Catap et al., appellants. (File No. 369/02)
| DECISION & ORDER ON MOTION ased. ano, |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 1, 2004, in the above-entitled matter is amended by adding to the caption thereof the following Appellate Division Docket No. "2004-09062".
FLORIO, J.P., SMITH, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18716
E/nl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-08495 In the Matter of Christopher and Jason. Marie O. (Anonymous), et al., respondents; John S. (Anonymous), appellant. (Docket No. A-1241/04, A-1242/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated October 8, 2004, which dismissed an appeal from an order of the Family Court, Queens County, dated August 31, 2004, and separate motion by the appellant to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied.
S. MILLER, J.P., LUCIANO, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18631
M/nal
|
2004-10151 In the Matter of Catherine Eadicicco, respondent, v Daniel Lupo, appellant. (Docket No. O-1581-04)
| SCHEDULING ORDER |
Appeal by Daniel Lupo from an order of the Family Court, Richmond County, dated October 18, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18634
M/nal
|
2004-10186 In the Matter of Karen A. Fischer, respondent, v Joseph F. Fischer, appellant. (Docket No. F-01744-98)
| SCHEDULING ORDER |
Appeal by Joseph F. Fischer from an order of the Family Court, Nassau County, dated October 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18628
M/nal
|
2004-10145 In the Matter of Simeon H. (Anonymous), appellant. (Docket No. D-15634/03)
| SCHEDULING ORDER |
Appeal by Simeon H. from an order of the Family Court, Kings County, dated November 1, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18633
M/nal
|
2004-10146 In the Matter of Isaiah I. (Anonymous), appellant. (Docket No. D-06928/04)
| SCHEDULING ORDER |
Appeal by Isaiah I. from an order of the Family Court, Kings County, dated November 4, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18703
E/nl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-08935 In the Matter of Alexander Jennings, respondent, v Jean Leon, etc., appellant. (Index No. 21323/03)
| DECISION & ORDER ON MOTION |
Motion by Jean Leon for leave to appeal to this court from an order of the Supreme Court, Kings County, dated August 5, 2004.
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.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18686
Y/nl
DAVID S. RITTER, J.P.
MYRIAM J. ALTMAN
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2003-06707 In the Matter of Cynthia Knapp, respondent, v Herbert Runyon, appellant. (Docket No. F-3432/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this court dated June 7, 2004, which dismissed an appeal from an order of the Family Court, Dutchess County, dated June 17, 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 denied.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18627
M/nal
|
2004-10157 In the Matter of Kelly Ochlan, appellant, v Raymond Ochlan, respondent. (Docket No. V-4736/03)
| SCHEDULING ORDER |
Appeal by Kelly Ochlan from an order of the Family Court, Richmond County, dated November 12, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18692
M/nal
|
2004-08077 In the Matter of Jordan P. (Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Xavier P. (Anonymous). Administration for Children's Services, respondent; Donna C. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-14432-02, N-14433-02)
| SCHEDULING ORDER |
Appeal by Donna C. from an order of the Family Court, Queens County, dated March 26, 2004. By decision and order on motion of this court dated November 22, 2004, the following attorney was assigned as counsel on the appeal:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated November 22, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6313 with any questions.
Appellate Division: Second Judicial Department
M18690
Y/nl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
THOMAS A. ADAMS
ROBERT A. LIFSON, JJ.
|
2004-05055, 2004-07289 In the Matter of Peconic Baykeeper, Inc., et al., respondents, v Suffolk County, et al., appellants.
(Index No. 10744/03)
| DECISION & ORDER ON MOTION |
Motion by the respondents, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated May 17, 2004, and an order of the same court dated July 9, 2004, for failure to perfect in accordance with CPLR § 5526.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., H. MILLER, ADAMS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18629
M/nal
|
2004-10187 In the Matter of Jaileen T. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Gail T. (Anonymous), respondent-respondent; Legal Aid Society of Suffolk County, nonparty-appellant. (Docket No. N-12506-03)
| SCHEDULING ORDER |
Appeal by law guardian from an order of the Family Court, Suffolk County, dated October 18, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18638
M/nal
|
2004-08980 In the Matter of Justina Timosa, appellant, v William Chase, Jr., respondent. (Docket No. V-11850-02)
| SCHEDULING ORDER |
Appeal by Justina Timosa from an order of the Family Court, Queens County, dated September 8, 2004. By decision and order on motion of this court dated November 19, 2004, the following attorney was assigned as counsel on the appeal:
Larry Bachner, Esq.
90-50 Parsons Boulevard, Suite 401
Jamaica, New York 11432
(917-378-0176)
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated November 19, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18540
A/nal
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-06438
In the Matter of Oscar Villa, appellant, v Monica Castano, respondent. (Docket No. V-919/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Family Court, Queens County, dated June 28, 2004, for leave to prosecute the appeal 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 the motion is denied, with leave to renew on or before December 17, 2004, upon proper papers, including the appellant's affidavit setting forth, in greater detail, the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income.
FLORIO, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18695
M/nal
|
2004-09150 In the Matter of Johanne C. Walker, respondent, v Garth N. Henry, appellant. (Docket No. F-22623-03)
| SCHEDULING ORDER |
Appeal by Garth N. Henry from an order of the Family Court, Kings County, dated September 20, 2004. By decision and order on motion of this court dated November 22, 2004, those branches of the appellant's motion which were for the assignment of counsel, free transcripts, and the waiver of the filing fee were denied. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4), above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18711
Y/nal
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-05031
In the Matter of Dawn M. Wertz, appellant, v Lori Jean Ruggio, et al., respondents. (Docket No. V-5186)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment - Family Court |
Motion by counsel assigned to represent the appellant in a proceeding before the Family Court, Orange County, to be relieved, for the assignment of new counsel to prosecute an appeal from an order of the Family Court, Orange County, dated March 11, 2004, and to grant the appellant leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is
ORDERED that the branch of the motion which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeal; and it is further,
ORDERED that counsel shall serve a copy of this decision and order upon the appellant on or before December 10, 2004 by one of the methods specified in CPLR 2103(c) and shall file proof of such service with this court; and it is further,
ORDERED that the branches of the motion which seek assignment of new counsel to represent the appellant on the appeal and leave to prosecute the appeal as a poor person are denied with leave to the appellant to renew, on or before January 3, 2005, upon the submission of proper papers establishing that she is entitled to poor person relief and indicating that the appellant is interested in pursuing the appeal.
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18697
M/nal
|
2004-06836 In the Matter of Muriel Wilson, et al., petitioners- respondents, v Elizabeth Smith, appellant, et al., respondent. (Docket Nos. V-04845/01, V-06083/01)
| SCHEDULING ORDER |
Appeal by Elizabeth Smith from an order of the Family Court, Queens County, dated July 13, 2004. By decision and order on motion of this court dated November 22, 2004, the following attorney was assigned as counsel on the appeal:
Steven P. Forbes, Esq.
90-50 Parsons Blvd. - Suite 401
Jamaica, New York 11432
(718) 791-8444
Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected either within 60 days after the receipt by the assigned counsel of the transcripts of the minutes of the proceedings in the Family Court, and the assigned counsel shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the assigned counsel shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of any Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that the order of this court dated November 22, 2004, has been served upon the clerk of the court from which the appeal is taken, the date thereof, and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18743
O/nal
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2003-10875
The People, etc., respondent, v Ronald M. Ackridge, appellant. (Ind. No. 00573-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Westchester County, rendered October 8, 2003, to strike Point I of the appellant's reply brief on the ground that it raises an issue not contained in the appellant's main brief, and cross motion by the appellant for leave to raise the issue in his reply brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief in response to Point I of the appellant's reply brief is enlarged until December 29, 2004, and the brief shall be served and filed on or before that date.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18710
E/nal
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2003-07276
The People, etc., respondent, v Kareem Broxton, appellant.
(Ind. No. 1351/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal, by permission, from an order of the Supreme Court, Queens County, dated June 25, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until February 22, 2005.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18700
Y/nl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-08413 The People, etc., respondent, v Steven Dixon, appellant. (Ind. No. 01-00219)
| DECISION & ORDER ON MOTION |
Motion by the defendant for an extension of time to take an appeal from an order of the County Court, Westchester County, entered July 16, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, as the order is not appealable as of right or by permission (see People v Nieves, 2 NY3d 310).
FLORIO, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18712
E/nal
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2000-09533
The People, etc., respondent, v Jose Ferreiras, appellant. (Ind. No. 99-01562)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Westchester County, rendered August 24, 2000.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant'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 February 22, 2005.
RITTER, J.P., H. MILLER, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18693
E/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2002-06558 The People, etc., respondent, v Arnold Fordham, appellant.
(Ind. No. 288/02)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered July 3, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental brief shall be served and filed on or before January 11, 2005; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18536
A/nl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-04891 DECISION & ORDER ON MOTION The People, etc., respondent, v Gerald L. Fryar, appellant. (Ind. No. 123/03)
|
Motion by the appellant to enlarge the judgment roll on an appeal from a judgment of the County Court, Dutchess County, rendered May 19, 2004, to include the minutes of the proceedings which occurred before the County Court, Dutchess County, in the above-entitled case on January 20, 2004, February 3, 2004, and February 17, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the order of this court dated July 15, 2004, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred on January 20, 2004, February 3, 2004, and February 17, 2004, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,
ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the proceedings held on January 20, 2004, February 3, 2004, and February 17, 2004, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the proceedings held on January 20, 2004, February 3, 2004, and February 17, 2004, to the respondent when the appellant's brief is served.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18696
E/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-02582 The People, etc., respondent, v Leo Marino, appellant.
(Ind. No. 2469/01)
| DECISION & ORDER ON MOTION Motion for an Enlargement of Time to File a Supplemental Brief |
Motion by the appellant pro se for leave to file an oversized supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 13, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on the court's own motion, the appellant's time to serve and file the supplemental brief is enlarged and the supplemental brief which was submitted to the Clerk of the court is accepted for filing; and it is further,
ORDERED that the respondent's time to serve and file a brief in response to the supplemental brief is enlarged, and the respondent's brief shall be served and filed on or before January 25, 2005, and the respondent's brief must be served and filed on or before that date.
S. MILLER, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18691
O/nl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-01196 The People, etc., respondent, v Leila McLucas, a/k/a Marie McLucas Stover, appellant. (Ind. No. 100/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 27, 2004.
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 the appellant serving and filing a supplemental pro se brief once assigned counsel perfects the appeal.
FLORIO, J.P., KRAUSMAN, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18698
Y/nl
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2003-05072 The People, etc., respondent, v Eddie Rush, appellant. (Ind. No. 404/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered May 20, 2003, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SMITH, J.P., ADAMS, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03 A - 3156
Attica Correctional Facility
Box 149
Attica, New York 14011