Supreme Court of the State of New York Appellate Division : Second Judicial Department MOTION DECISIONS FOR NOVEMBER 28, 2005

TITLECase Number
A.F.C. Enterprises, Inc. v City of New York School2004-08271
Ameriquest Mortgage Company v Bellon2005-04569
Calcedo Construction Corp. v New York City School 2005-04780
Cox v Huntington Quadrangle No. 1 Company2005-04973
Divona v Wahlfeld2005-07158
ESI-97 v Beehive Ventures, Inc.2005-02971
Felix v Diaz2005-09471
First Union National Bank, a/c/f National Tax Fund2005-04838
Gentile v Flushing Savings Bank, FSB2005-06218
KNK Enterprises, Inc. v Harriman Enterprises, Inc.2005-03342
Kellman v State of New York2005-04999
Legendre v Bao2005-02200 +1
Lodovichetti v Baez2005-04003
Malky, Inc. v Abir2004-10325 +1
O'Brien v Dalessandro, a/k/a D'Alessandro, a/k/a D2005-04609
Smith v Cliffside Nursing Home, Inc.2005-05034
Volpe v Herskovitz2005-05680
Watson v New York City Transit Authority2005-04941
Mtr of Ayuso v Arduino2004-07414
Mtr of Bernstein v Feiner2005-03677 +1
Mtr of Glick, Deceased; Ireland, Deb; Swan, B. Jun2005-10403
Peo v Flores, Ramon2004-10497
Peo v Louisias, Jeffrey1999-02047
Peo v Thompson, Reginald2002-05990







Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32809

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2004-08271

A.F.C. Enterprises, Inc., respondent,

v City of New York School Construction

Authority (Maxwell High School), appellant.

(Index No. 15956/96)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, dated August 27, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before November 29, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32786

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2005-04569

Ameriquest Mortgage Company, plaintiff-

respondent, v Steven J. Bellon, et al.,

defendants-respondents; Daniel Lenchner,

nonparty appellant.

(Index No. 4370/04)

ORDER ON APPLICATION

Application by the plaintiff-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, Rockland County, dated April 5, 2005.

ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until January 5, 2006, and the plaintiff-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32784

D/sl

2005-04780

Calcedo Construction Corp., respondent,

v New York City School Construction

Authority, appellant.

(Index No. 17517/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 2, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 11, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32827

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2005-04973

Gail Ann Cox, appellant, v Huntington

Quadrangle No. 1 Company, et al., respondents,

et al., defendant.

(Index No. 951/02)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated April 25, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32799

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2005-07158

Anthony B. Divona, etc., et al., plaintiffs-respondents,

v David J. Wahlfeld, et al., defendants-respondents,

County of Suffolk, respondent-appellant, Hinck

Electrical Contractors, Inc., appellant-respondent.

(Action No. 1)

(Index No. 17766/01)

Anthony B. Divona, etc., et al., respondents, v

Town of Brookhaven, defendant third-party plaintiff

respondent-appellant; Hinck Electrical Contrators, Inc.,

third-party defendant appellant-respondent.

(Action No. 2)

(Index No. 9257/01)

David J. Wahlfeld, et al., plaintiffs, v Anthony

B. Divona, etc., et al., defendants third-party

plaintiffs-respondents; County of Suffolk, et al.,

third-party defendants respondents-appellants; Hinck

Electrical Contractors, Inc., third-party defendant

appellant-respondent.

(Action No. 3)

(Index No. 6773/01)

ORDER ON APPLICATION

Application by Anthony B. Divona and Thomas D. Divona pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated June 30, 2005.

ORDERED that the application is granted and the movants' time to serve and file a brief is enlarged until January 9, 2006, and the movants' brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant-respondent shall serve and file its reply brief on or before February 8, 2006; and it is further,

ORDERED that the respondent-appellant shall serve and file its reply brief on or before February 21, 2006.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32788

D/sl

2005-02971

ESI-97, plaintiff-respondent, v Beehive

Ventures, Inc., defendant-respondent,

Ridgewood Savings Bank, et al., defendants;

We Buy Now, LLC, nonparty appellant,

Andrew M. Romano, etc., nonparty.

(Index No. 9189/03)

ORDER ON APPLICATION

Application by the defendant-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, Westchester County, dated February 15, 2005.

ORDERED that the application is granted and the defendant-respondent's time to serve and file a brief is enlarged until December 28, 2005, and the defendant-respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32817

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2005-09471

Eileen Felix, et al., appellants,

v Juan Diaz, respondent.

(Index No. 1919/04)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Kings County, dated September 2, 2005.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 7, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32783

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2005-04838

First Union National Bank, a/c/f National

Tax Funding, L.P., respondent, v Incorporated

Village of Hempstead, appellant.

(Index No. 18400/01)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated April 4, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 12, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32828

S/sl

2005-06218

Lena Gentile, et al., appellants-respondents,

v Flushing Savings Bank, FSB, respondent-appellant.

(Index No. 26000/04)

ORDER ON APPLICATION

Application by the appellants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 9, 2005.

ORDERED that the application is granted; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeal is enlarged until February 13, 2006, and the joint record or appendix on appeal (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' 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, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32815

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2005-03342

KNK Enterprises, Inc., respondent,

v Harriman Enterprises, Inc., et al., appellants.

(Index No. 5377/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Nassau County, dated November 29, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 29, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32780

D/sl

2005-04999

Barbara Kellman, et al., respondents,

v State of New York, appellant.

(Claim No. 106578)

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 Court of Claims, dated March 23, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 15, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32785

D/sl

2005-02200, 2005-09619

Myrthee Legendre, appellant,

v Siquing Bao, et al., respondents.

(Index No. 5122/03)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 19, 2005, and a judgment of the same court entered September 16, 2005.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 28, 2005, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32789

D/sl

2005-04003

Therese Lodovichetti, et al., plaintiffs-respondents,

v Raul Baez, appellant, Wheels, Inc., et al.,

defendants-respondents.

(Index No. 1742/04)

ORDER ON APPLICATION

Application by the defendants-respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Dutchess County, dated March 30, 2005.

ORDERED that the application is granted and the defendants-respondents' time to serve and file a brief is enlarged until December 13, 2005, and the defendants-respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32779

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2004-10325, 2004-10326

Malky, Inc., appellant, v

Lora Abir, et al., respondents, et al.,

defendants.

(Index No. 6938/03)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Nassau County, both dated June 29, 2004.

ORDERED that the application is granted and the reply brief shall be served and filed on or before December 5, 2005.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32782

D/sl

2005-04609

Alice T. O'Brien, et al., appellants,

v William A. Dalessandro, a/k/a William

A. D'Alessandro, a/k/a William A.

Dallessandro, et al., respondents.

(Index No. 12692/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered March 15, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 4, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32781

D/sl

2005-05034

Robert Smith, et al., appellants,

v Cliffside Nursing Home, Inc., respondent.

(Index No. 1122/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated March 30, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 17, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32826

S/sl

2005-05680

Michael Volpe, respondent,

v Esther Herskovitz, appellant.

(Index No. 7/04)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated May 6, 2005.

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 6, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32822

D/sl

2005-04941

Eric Watson, et al., appellants, v New York

City Transit Authority, et al., respondents,

City of New York, defendant.

(Index No. 45783/96)

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, Kings County, dated October 29, 2004.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 17, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32829

S/sl

BARRY A. COZIER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

PETER B. SKELOS, JJ.

2004-07414

In the Matter of Maritza Ayuso, appellant-

respondent, v Mark Arduino, respondent-appellant.

(Docket Nos. V-323-00, V-324-00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 21, 2005, in the above-entitled matter is amended by deleting from the second decretal paragraph thereof the words "Family Court, Queens County", and substituting therefor the words "Family Court, Westchester County".

COZIER, J.P., KRAUSMAN, GOLDSTEIN and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32821

D/sl

2005-03677, 2005-06091

In the Matter of Robert B. Bernstein, respondent,

v Paul J. Feiner, et al., appellants.

(Index No. 10944/03)

ORDER ON APPLICATION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated February 17, 2005, and an order of the same court dated May 6, 2005.

ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 6, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32790

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

WILLIAM F. MASTRO

ROBERT J. LUNN, JJ.

2005-10403

In the Matter of T. Harry Glick, deceased.

Deb Ireland, appellant; JP Morgan Chase Bank,

respondent.

(File No. 421/67)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enjoin the respondent from paying any legal fees or expenses from the subject trusts pending hearing and determination of an appeal from an order of the Surrogate's Court, Kings County, dated September 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., H. MILLER, MASTRO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court



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Appellate Division: Second Judicial Department

M32820

D/sl

2004-10497

The People, etc., respondent,

v Ramon Flores, appellant.

(Index No. 1114/03)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Suffolk County, rendered October 28, 2004.

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 6, 2006, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




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Appellate Division: Second Judicial Department

M32787

D/sl

1999-02047

The People, etc., respondent,

v Jeffrey Louisias, appellant.

(Ind. No. 756/98)

ORDER ON APPLICATION

Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered February 25, 1999.

ORDERED that the application is granted and the respondent's time to serve and file a supplemental brief is enlarged until December 22, 2005, and the respondent's brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk of the Court




Go to Top. Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M32818

S/sl

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2002-05990

The People, etc., respondent,

v Reginald Thompson, appellant.

(Ind. No. 519/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 23, 2005, in the above-entitled case is amended by deleting from the last page thereof the following: "Attorney's Address:03 G 0497, Bedford Hills Corr. Fac., Box 1000, Bedford Hills, New York, 10507", and substituting therefor the following: "Appellant's Address: 02 A 3419, Downstate Corr. Fac., Box F, Fishkill, N.Y., 12524".

CRANE, J.P., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court