Appellate Division: Second Judicial Department
M18852
O/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09951 Accounts Receivable Solutions, Inc., et al., respondents, v Parrino and Mateo Chiropractic, P.C., et al., appellants. (Index No. 1876/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Putnam County, dated November 12, 2004, to stay enforcement of the order and to stay the inquest on damages in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order dated November 12, 2004, and the inquest on damages, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 3, 2005; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 3, 2005, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18813
R/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09509 Thomas Amato, et al., appellants, v Shahriar Shayani, respondent. (Index No. 8923/02)
| DECISION & ORDER ON MOTION Motion To Dismiss Appeal |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated August 12, 2004, on the ground that no appeal lies from an order denying reargument, and to impose a sanction on the appellants.
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 dismiss the appeal is denied without prejudice to the respondent raising that issue in the respondent's brief on the appeal; and it is further,
ORDERED that the motion is otherwise denied.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18898
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-03066 Eric Baez, appellant, v City of New York, respondents. (Index No. 12610/98)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, entered March 31, 2004.
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 appellant's time to perfect the appeal is enlarged until February 2, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18895
CF/
|
2004-04961 Gina Behrens, appellant, v Saman Auto Sales, Inc., respondent. (Index No. 24664/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Suffolk County, dated May 18, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18854
CF/
|
2004-05265 Anthony Buttacavoli, plaintiff-respondent, v HST Realty, L.L.C., defendant third-party plaintiff-respondent, Terry Gallagher, Inc., third-party defendant-appellant. (Index No. 17239/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Nassau County, dated February 27, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18893
CF/
|
2004-07942 Giovanna Caria, plaintiff-respondent, v Joan-Lin Corp., et al., defendants, Consolidated Edison Company of New York, defendant third-party plaintiff-respondent; Sicon Contractors Inc., third-party defendant-appellant. (Index No. 883/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated July 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18886
J/sl
|
2004-02645
Louis Casale, et al., appellants, v White Castle System, Inc., respondent. (Index No. 6646/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 29, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 24, 2005, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18880
CF/
|
2004-06262 Mark Cervoni, appellant, v Debra Rosen, respondent. (Index No. 14599/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated June 4, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18897
CF/
|
2004-05353, 2004-05354 Barbara Ann Cotter, respondent, v James Michael Cotter, appellant. (Index No. 2342/83)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Supreme Court, Dutchess County, both dated May 17, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18902
L/
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2004-04407 Paul Dobre, respondent, v Interfaith Medical Center, et al., appellants. (Index No. 5976/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Nassau County, dated March 22, 2004.
Upon the stipulation of the attorneys for the respective parties, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18921
S/sl
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2004-04749
Michael Estivo, et al., plaintiffs-respondents, v Verizon Communications, Inc., defendants- respondents, Daimler Chrysler Financial Services, LLC, etc., et al., appellants, et al., defendant. (Index No. 4184/03)
| ORDER ON APPLICATION |
Application by the appellants Daimler Chrysler Financial Services, LLC, and Jeep Chrysler Financial Corp., 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 20, 2004.
ORDERED that the application is granted and the movants' time to perfect their appeal is enlarged until December 27, 2004, and the record or appendix on the appeal and the movants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18867
CF/
|
2004-04809 Opal Fisher, appellant, v Long Island Care Center, et al., respondents. (Index No. 10751/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Queens County, dated April 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18808
R/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-03957 Nellie Frieden, respondent, v David Frieden, appellant.
(Index No. 7351/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated March 9, 2004, 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 denied with leave to the appellant to renew, on or before January 4, 2005, upon the submission of an affidavit explaining the nature and source of funds in an account at United Mizrahi Bank Ltd. in the appellant's name, the statement for which is attached as "Exhibit C" to the respondent's affidavit in opposition to the motion; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until January 27, 2005, and the record or appendix on appeal 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
M18883
J/sl
|
2004-02024
Anthony Galassa, et al., plaintiffs-respondents- appellants, v Lizda Realty, Ltd., defendant- respondent-appellant, Exeter Builders Corp., defendant third-party plaintiff-respondent- appellant, Sub Triboro Contracting, Inc., third- party defendant-respondent-appellant, Deer Park Stair Building & Mill Work Company, Inc., third-party defendant-appellant-respondent, et al., third-party defendants (and another third party action). (Index No. 26301/01)
| ORDER ON APPLICATION |
Application by the plaintiffs-respondents-appellants, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal and cross appeals from an order of the Supreme Court, Suffolk County, dated January 26, 2004.
ORDERED that the application is granted and the reply brief of the plaintiffs- respondents-appellants shall be served and filed on or before December 6, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18889
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-10024
Anthony Genovesi, plaintiff, v Kerri Genovesi, defendant.
(Index No. 1711/02)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Putnam County, dated October 13, 2004, and to the stay the trial in the above-entitled action pending hearing and determination of the appeal.
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 branch of the motion which is for leave to appeal to this court is denied; and it is further,
ORDERED that the branch of the motion which is to stay the trial is denied as academic.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18914
O/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-08941, 2004-08950 Felicia A. Giles, etc., appellant, v United Skates of America, Inc., et al., respondents. (Index No. 5935/02)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from an order and a judgment of the Supreme Court, Queens County, dated December 9, 2003, and April 8, 2004, respectively, on the ground that the appeals were untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241, 248); and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal from the order is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18922
S/sl
|
2004-02613, 2004-05305
Kevin Glassman, etc., respondent, v Prohealth Ambulatory Surgery Center, et al., appellants.
(Index No. 9774/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Nassau County, dated February 2, 2004, and May 21, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 8, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18871
CF/
|
2004-06891 Noizel Harris, et al., plaintiffs-respondents, v Jorge Lema, et al., defendants-appellants, Maria Oliveri, defendant-respondent. (Index No. 29366/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated June 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18793
S/sl
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2004-03577
Joel Lang, respondent, v Paul Dachs, appellant.
(Index No. 922/01)
| 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, Rockland County, dated March 29, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18866
CF/
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2004-06668 Raisa LeVitina, respondent, v New York City Housing Authority, et al., appellants. (Index No. 6979/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Queens County, dated July 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18875
CF/
|
2004-05475 Inja Lee, et al., respondents, v Tracy Ratz, et al., appellants. (Index No. 28990/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants Tracy Ratz and Tevey Ratz, s/h/a Trever Ratz to withdraw an appeal from an order of the Supreme Court, Kings County, dated February 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Tracy Ratz and Tevey Ratz, s/h/a Trever Ratz is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18858
CF/
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2004-04063 Medardo Lemus, respondent, v New York City Housing Authority, et al., appellants (and a third-party action). (Index No. 5311/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant New York City Housing Authority to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by New York City Housing Authority is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18905
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
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2003-10861 Anita G. Mazzella, etc., appellant, v Luigi Capobianco, etc., et al., respondents. (Index No. 13337/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Nassau County, entered November 17, 2003.
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 perfect the appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 17, 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.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18856
CF/
|
2004-05304 Robert Moreback, et al., appellants, v Carla J. Mesquita, et al., respondents. (Index No. 7254/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated May 18, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18892
CF/
|
2004-06526 Rachel Neal, et al., respondents, v Winston Pierre, et al., appellants. (Index No. 33395/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18862
M/nal
|
2003-11223 Susan K. Neuman, appellant, v Marvin H. Neuman, respondent. (Index No. 203964/00)
| SCHEDULING ORDER |
Appeal by Susan K. Neuman from a judgment of the Supreme Court, Nassau County, dated October 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 8, 2004. 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's time to serve and file a brief on the appeal is enlarged until December 13, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18861
CF/
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2004-03241 New York United Hospital, a/a/o Frank Wayman, et al., respondents, v Government Employees Insurance Company, appellant. (Index No. 14212/03)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Nassau County, dated March 2, 2004.
Upon the stipulation of the parties, dated November 19, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18910
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-07452 Michele Okin, respondent, v Roy Sears, Jr., appellant. (Index No. 3797/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated August 11, 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.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18915
CF/
|
2004-05301 PKG Associates, Inc., et al., appellants- respondents, v Michael Dubb, d/b/a Beechwood Organization, et al., respondents- appellants. (Index No. 12154/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants-respondents and the respondents-appellants to withdraw their respective appeal and cross appeal from an order of the Supreme Court, Nassau County, dated May 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal and cross appeal are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18877
CF/
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2004-05279 Peter Passalacqua, appellant, v Rolling Rock Café American Bistro, Inc., d/b/a Rolling Rock Café, et al., respondents. (Index No. 1543/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Dutchess County, dated May 18, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18920
S/sl
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2004-04825
Paul Petras, appellant, v Saci, Inc., d/b/a Saci & Ryan, LLC, respondent. (Index No. 23536/02)
| 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 May 3, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 6, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18890
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-08655 Melissa Pinkava, etc., et al., plaintiffs-respondents, v Annmarie Ramirez, et al., defendants-respondents, Joseph M. Croce, et al., appellants. (Index No. 21551/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant Carolina M. Ortiz to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, dated August 31, 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.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18881
CF/
|
2004-07351 Allan D. Pitt, et al., appellants, v Manbahal Management & Realty Corp., respondent. (Index No. 1633/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Queens County, dated July 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18795
S/sl
|
2004-05226
Raze Contracting, Inc., appellant, v Robert P. Colombo, respondent. (Index No. 16601/03)
| 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, Nassau County, dated March 24, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until December 29, 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
M18879
CF/
|
2004-06979 Jesus Rodriguez, respondent, v Pepino Buffa, et al., appellants. (Index No. 6036/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated February 13, 2004.
Upon the stipulation of the parties, dated November 12, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18894
CF/
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2004-07244 Angie Marie Rodriguez, respondent, v St. Jude Pharmacy & Surgical Supply Corporation, et al., defendants, Herminio Rodriguez, appellant. (Index No. 13499/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated June 22, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18804
R/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
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2004-04429, 2004-07284 St. Charles Hospital and Rehabilitation Center, respondent, v Royal Globe Insurance Company, et al., appellants, et al., defendants.
(Index No. 29155/98)
| DECISION & ORDER ON MOTION |
Motion by Complex Insurance Claims Litigation Association for leave to file an amicus curiae brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered July 20, 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 amicus curiae brief must be served on the parties, and nine copies filed in this court on or before December 14, 2004; and it is further,
ORDERED that no oral argument by the amicus curiae shall be permitted; and it is further,
ORDERED that the parties, if they be so advised, may file reply briefs to the amicus curiae brief within 10 days after service upon them of the amicus curiae brief.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18876
CF/
|
2004-05689 Susan Taylor, et al., respondents, v Louis A. Martorella, etc., et al., appellants. (Index No. 5169/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Rockland County, dated May 19, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18916
CF/
|
2004-05946 Lydia Torres, et al., respondents, v Estate Builders of America, Inc., et al., appellants (and a third-party action). (Index No. 4450/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Estate Builders of America, Inc., to withdraw an appeal from an order of the Supreme Court, Orange County, dated May 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Estate Builders of America, Inc., is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18891
R/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2003-11217 Antonio Tufano, et al., respondents, v Nor Heights Service Center, Inc., et al., appellants, et al., defendants.
(Index No. 27566/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 31, 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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18885
J/sl
|
2004-02625
Utica First Insurance Company, respondent, v Arken, Inc., et al., defendants, C&M Holding Corporation, a/k/a Cropsey & Mitchell Company, Inc., et al., appellants.
(Index No. 46031/01)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated January 22, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 15, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18869
CF/
|
2004-00905
Bernice G. Valerio, et al., plaintiffs-respondents, v Dupont Associates, Inc., defendant-appellant, Dan's Supreme Supermarkets, Inc., defendant- respondent, T & G Contracting, Inc., defendant third-party plaintiff-respondent; P.R. Iron Works, third-party defendant/second third-party plaintiff- respondent; US #1 Contracting Corporation, second third-party defendant-appellant. (Index No. 2611/97)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant US #1 Contracting Corporation to withdraw an appeal from an order of the Supreme Court, Queens County, dated December 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by US #1 Contracting Corporation is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18878
CF/
|
2004-05540 Maurice Williams, appellant, v Transcare New York, Inc., et al., respondents. (Index No. 15900/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Kings County, dated November 20, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18874
CF/
|
2004-05526 Magdi Zeitoun, et al., respondents, v Sherri Wilson, defendant, Catholic Charities, et al., appellants. (Index No. 49313/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Kings County, dated April 2, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18896
CF/
|
2004-08499, 2004-08501
In the Matter of Ray A. (Anonymous), Jr. St. Vincent's Services, petitioner-respondent; Marilyn R. (Anonymous), respondent-respondent; Monican Drinane, etc., nonparty-appellant. In the Matter of Marilyn Roslyn C. (Anonymous). St. Vincent's Services, petitioner-respondent; Marilyn R. (Anonymous), respondent-respondent; Monican Drinane, etc., nonparty-appellant. (Docket Nos. B-1853/01, B-1854/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Queens County, both dated August 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18857
M/nal
|
2003-10183
In the Matter of Theresa Cancilla, appellant, v Peter V. Cancilla, respondent. (Docket No. F-1244/01)
| SCHEDULING ORDER |
Appeal by Theresa Cancilla from an order of the Family Court, Nassau County, dated October 8, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 26, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
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
M18917
CF/
|
2004-08798 In the Matter of County of Dutchess, respondent, v Van DeWater & Van DeWater, LLP, appellant. (Index No. 5401/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated August 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18918
CF/
|
2004-08799 In the Matter of County of Dutchess, respondent, v Van DeWater & Van DeWater, LLP, appellant. (Index No. 5407/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated August 26, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18833
M/nal
|
2004-03254 In the Matter of Ibrahim D. (Anonymous), appellant. (Docket No. D-22896/03)
| SCHEDULING ORDER |
Appeal by Ibrahim D. from an order of the Family Court, Kings County, dated March 3, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 24, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
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
M18776
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02294
In the Matter of David L. Durkin, an attorney and counselor-at-law. (Attorney Registration No. 2182277)
| DECISION & ORDER ON MOTION VOLUNTARY RESIGNATION |
David L. Durkin has voluntarily submitted an affidavit dated March 16, 2004, wherein he resigns from the New York State Bar. Mr. Durkin 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 28, 1988. There are no complaints or charges of professional misconduct pending against him. Mr. Durkin presently resides in Washington, D.C., 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 David L. Durkin is accepted and directed to be filed; and it is further,
ORDERED that the name of David L. Durkin 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, David L. Durkin 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; and it is further,
ORDERED that if David L. Durkin has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18567
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
SONDRA MILLER, JJ.
|
1996-03477
In the Matter of Harvey Fein, admitted as Harvey Henry Fein, a disbarred attorney. (Attorney Registration No. 1954478)
| DECISION & ORDER ON APPLICATION FOR REINSTATEMENT |
Application by the respondent, Harvey Fein, for reinstatement as an attorney and counselor-at-law. By decision and order on application dated May 7, 1996, the Grievance Committee for the Second Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent and the issues raised were referred to the Honorable Moses M. Weinstein, as Special Referee to hear and report. By opinion and order of this court dated May 19, 1997, the respondent was disbarred based upon five charges of professional misconduct. By decision and order on motion of this court dated July 9, 1997, the respondent's motion for reargument of this court's opinion and order dated May 19, 1997, and upon reargument, vacatur of the disbarment and imposition of a less severe sanction, or in the alternative, for leave to appeal to the Court of Appeals, was denied. By decision and order of this court dated April 17, 2003, the respondent's motion for an order modifying the discipline imposed on him and reinstating him to the practice of law was denied. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 30, 1960, under the name Harvey Henry Fein.
Upon the papers filed in support of the application and the papers filed in response thereto, it is
ORDERED that the application 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 letters from the respondent's employer(s), if any, since the time of his disbarment.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and S. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18860
M/nal
|
2003-11115, 2004-07851, 2004-07852 2004-08331, 2004-08333 In the Matter of LeVonn G. (Anonymous). Suffolk County Department of Social Services, respondent; Cecelia G. (Anonymous), appellant. (Docket No. N-11117/02)
| SCHEDULING ORDER |
Appeals by Cecelia G. from three orders of the Family Court, Suffolk County, dated October 23, 2003, July 23, 2004, and August 2, 2004, respectively, and two entered August 13, 2004, and August 16, 2004, respectively. The appellant's brief was filed in the office of the Clerk of this court on November 29, 2004. 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 briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeals, shall be served and filed.
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
M18901
F/
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-07459
In the Matter of Ketevan Grigolava. appellant, v Gia Melikishvili, respondent. (Docket No. V-4251-01)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign New Counsel Family Court |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated August 16, 2004, 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 granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those m intues previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Yasmin Daley-Duncan, Esq.
218 Smith Street
Brooklyn, New York 11201
(718) 284-3575
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); 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.
RITTER, J.P., GOLDSTEIN, SMITH, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18787
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02750 In the Matter of William R. Grimes, admitted as William Richard Grimes, an attorney and counselor-at-law. (Attorney Registration No. 1259860)
| DECISION & ORDER VOLUNTARY RESIGNATION |
William R. Grimes has voluntarily submitted an affidavit dated March 13, 2004, wherein he resigns from the New York State Bar. Mr. Grimes 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, 1964, under the name William Richard Grimes. There are no complaints or charges of professional misconduct pending against him. Mr. Grimes presently resides 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 William R. Grimes, admitted as William Richard, is accepted and directed to be filed; and it is further,
ORDERED that the name of William R. Grimes, admitted as William Richard Grimes, 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, William R. Grimes, admitted as William Richard Grimes, 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; and it is further,
ORDERED that if William R. Grimes, admitted as William Richard Grimes, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18859
M/nal
|
2003-09320 In the Matter of Lisa Lewis, appellant, v Francis Redhead, respondent. (Docket No. F-7557/00)
| SCHEDULING ORDER |
Appeal by Lisa Lewis from an order of the Family Court, Kings County, dated September 18, 2003. By decision and order on motion of this court dated November 1, 2004, the appellant's motion to enlarge the record on the appeal was denied. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
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 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until December 30, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18831
M/nal
|
2004-03424 In the Matter of Zakrya M. (Anonymous). Administration for Children's Services, respondent; Vaneshia R. (Anonymous), appellant. (Docket No. N-15563/00)
| SCHEDULING ORDER |
Appeal by Vaneshia R. from an order of the Family Court, Queens County, dated March 19, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 24, 2004. 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 briefs of the respondent(s) and the Law Guardian, if any, in the above-entitled appeal, shall be served and filed.
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
M18899
O/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-05597 In the Matter of Brandon Alfred N. (Anonymous). Seaman's Society for Children and Families, respondent; Alfred N. (Anonymous), appellant. (Docket No. B-5150/03)
| DECISION & ORDER ON MOTION |
Appeal by Alfred N. from an order of the Family Court, Richmond County, dated May 12, 2004. By order to show cause dated November 10, 2004, the parties or their attorneys were 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 this court's decision and order on motion dated October 5, 2004, which directed him to renew his motion for poor person relief on or before November 4, 2004.
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with this court's decision and order on motion dated October 5, 2004.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18775
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
NANCY E. SMITH, JJ.
|
2002-05212
In the Matter of Steven J. Nechamkus, a suspended attorney. (Attorney Registration No. 2574853)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent, Steven J. Nechamkus, 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 First Judicial Department on November 1, 1993. By opinion and order of this court dated December 8, 2003, the respondent was suspended from the practice of law for a period one year, effective immediately, with reinstatement contingent upon proof of his continued sobriety. The respondent had been suspended by order of this court dated October 2, 2002, pursuant to 22 NYCRR 691.4(l)(1)(ii), upon a finding that he constituted an immediate threat to the public interest based upon substantial admissions under oath.
Upon the papers filed in support of the motion and the papers submitted 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 with respect to the respondent's current fitness to be an attorney, including but not limited to, his completion of the required form questionnaire, tax returns, proof of obtaining a passing score on the August 2004 MPRE, and proof of his continued sobriety.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and SMITH, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18812
R/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09450 In the Matter of 111 on 11 Realty Corp., petitioner, v William Norton, et al., respondents.
(Index No. 108744/99)
| DECISION & ORDER ON MOTION |
Motion by William Norton for leave to appeal to this court from an order and judgment (one paper) of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated July 21, 2004, which, inter alia, reversed a judgment of the Civil Court of City of New York, Kings County, entered August 12, 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 denied.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18848
J/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-07856 In the Matter of Dana R. Pedone, respondent, v Marcus Corpes, appellant.
(Docket No. P-00464/95)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 24, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to stay enforcement of an order of commitment of the Family Court, Suffolk County, dated July 26, 2004, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
We note that the appellant has not taken an appeal from the order of disposition of the same court dated July 26, 2004, or the order of the same court dated August 5, 2004.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18923
S/sl
|
2004-01366
In the Matter of Progressive Northwestern Insurance Company, appellant, v Marcello Galluzzo, et al., respondents-respondents, et al., respondents. (Index No. 4182/03)
| ORDER ON APPLICATION |
Application by the respondent Metropolitan Causualty Insurance Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Nassau County, dated October 15, 2003.
ORDERED that the application is granted and the respondent's time to file a brief is enlarged until December 6, 2004, and the respondent's brief must be filed on or before that date; and it is further,
ORDERED that the reply brief shall be filed on or before December 16, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18756
O/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-07304, 2004-07832 In the Matter of Deana Marie S. (Anonymous). Seaman's Society for Children and Families, respondent; Sabrina T. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Serena Briana Marie T. (Anonymous). Seaman's Society for Children and Families, respondent; Sabrina T. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-10529/02, B-10530/02)
| DECISION & ORDER ON MOTION |
Appeals by Sabrina T. from two orders of the Family Court, Kings County, dated June 17, 2004, and July 1, 2004, respectively. By order to show cause dated November 4, 2004, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated September 17, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the attorney assigned to represent the appellant before the Family Court to be relieved and, in effect, to grant the appellant leave to prosecute the appeals as a poor person and for the assignment of counsel to prosecute the appeals.
Upon the papers filed in support of the order to show cause and the application, and no papers having been filed in opposition or relation thereto, it is
ORDERED that motion to dismiss the appeals is denied; and it is further,
ORDERED that the branch of the application which is to relieve counsel is granted and counsel assigned by the Family Court is relieved from representing the appellant on the appeals; and it is further,
ORDERED that counsel shall serve a copy of this decision and order on motion upon the appellant on or before December 13, 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 application which are for poor person relief and the assignment of new counsel to represent the appellant on the appeals 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 appeals.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18758
O/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-08582 In the Matter of Tyler S. (Anonymous). Administration for Children's Services, respondent; Maria S. (Anonymous), appellant. (Docket No. N 22745-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated September 10, 2004, as a poor person, for the assignment of counsel, for a preference in the calendaring of the appeal, and to stay all proceedings in the above-entitled matter.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, for the assignment of counsel, and for a preference in the calendaring of the appeal are granted; and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,
ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeal:
Kenneth M. Tuccillo
251 E. 61st Street
New York, New York 10021
(212) 517-5000
and it is further,
ORDERED that the assigned counsel shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,
ORDERED that the appeal shall be calendared when it is fully perfected; and it is further,
ORDERED that the motion is otherwise denied; 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.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18913
O/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
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2004-02385, 2004-02386 In the Matter of John F. Schenk, a/k/a John Schenk, deceased. Carolyn Mary Schenk, appellant; Susan J. Schenk, et al., respondents. (File No. P-278/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2004 Calendar", dated November 3, 2004, as dismissed appeals from two orders of the Surrogate's Court, Richmond County, dated December 19, 2003, and January 6, 2004, respectively, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeals, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18785
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-02324 In the Matter of David M. Simonson, an attorney and counselor-at-law. (Attorney Registration No. 2205508)
| DECISION & ORDER VOLUNTARY RESIGNATION |
David M. Simonson has voluntarily submitted an affidavit dated March 15, 2004, wherein he resigns from the New York State Bar. Mr. Simonson 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 28, 1978. There are no complaints or charges of professional misconduct pending against him. Mr. Simonson presently resides in Washington, D.C., 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 David M. Simonson is accepted and directed to be filed; and it is further,
ORDERED that the name of David M. Simonson 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, David M. Simonson 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; and it is further,
ORDERED that if David M. Simonson has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18714
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
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2004-05031
In the Matter of Dawn Wertz, appellant, v Joseph L. Ruggio Jr., respondent-respondent, et al., respondents. (Docket No. V-5477-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Orange County, dated March 11, 2004.
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 motion is granted, and the Law Guardian, Michelle Stevenson, Children's Right Society, Inc., 213 West Main Street, P.O. Box 1002, Goshen, New York 10924, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:
Henry J. Neale Jr., Esq.
222 Mamaroneck Avenue
White Plains, New York 10605
(914) 997-7575
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18715
F/
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-05031
In the Matter of Dawn Wertz, appellant, v Joseph L. Ruggio Jr., respondent-respondent; et al., respondents. (Docket No. V-5477-03)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
Motion by the attorney for the respondent-respondent, Joseph L. Ruggio, Jr., to be relieved of an assignment to represent him on an appeal from an order of the Family Court, Orange County, dated March 11, 2004.
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 motion is granted, and the attorney for the respondent-respondent, Meryl Levy, Esq., Legal Aid Society of Orange County, Inc., P.O. Box 328, Goshen, New York 10924, is directed to turn over all papers in the action to the new attorney for the respondent-respondent herein assigned; and it is further,
ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as attorney for the respondent to represent the respondent-respondent:
Philip C. Schiffman, Esq.
11 E. Main Street
P.O. Box 128
Washingtonville, New York 10992
(845) 496-3666
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18884
J/sl
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2004-04860
The People, etc., appellant, v Earl A. Hutchinson, Hwesu Hutchinson, Peter McPherson, Jamie DeFreitas, respondents. (Ind. No. 1118/03)
| 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, Nassau County, entered April 26, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 7, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18802
R/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2002-11147 The People, etc., respondent, v Wayne Palmer, appellant. (Ind. No. 1449/02)
| DECISION & ORDER ON MOTION Motion to File a Supplemental Brief |
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, Suffolk County, rendered December 2, 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 denied.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18798
R/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-09674
The People, etc., ex rel. Bobby Williams, petitioner, v W.A. Lamont, etc., respondent.
| DECISION & ORDER ON MOTION |
Application by the petitioner for a writ of habeas corpus and for poor person relief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the application which is for poor person relief is granted to the extent that the filing fee imposed by CPLR 8022(b) is waived, and that branch of the application is otherwise denied as academic; and it is further,
ORDERED that the branch of the application which is for a writ of habeas corpus is denied and the petition is dismissed, without costs or disbursements.
SANTUCCI, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court