Appellate Division: Second Judicial Department
M18851
PL/sl
|
2004-06705 Henrietta Broadie, etc., et al., respondents, v St. Francis Hospital, et al., appellants. (Index No. 423/00)
| 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, Dutchess County, dated June 25, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until March 29, 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
M18988
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM A. MASTRO, J.P.
|
2004-06816 Karen Elizabeth Chamberlain, appellant, v Mark Henry Chamberlain, respondent. (Index No. 28483/99)
| SCHEDULING ORDER |
Appeal by Karen Elizabeth Chamberlain from a judgment of the Supreme Court, Suffolk County, dated June 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 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 29, 2004; and it is further,
ORDERED that no further enlargement of time shall be granted.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18979
S/sl
SONDRA MILLER, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2004-00996, 2004-02383 Lyle Cogen, et al., respondents, v Robin Klinger Children's Entertainment, et al., appellants.
(Index No. 5575/03)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 24, 2004, in the above-entitled case is amended by deleting therefrom the first decretal paragraph which deemed the notice of appeal from the order dated December 9, 2003, to be a premature notice of appeal from the judgment dated February 6, 2004, as the appellants filed a separate notice of appeal from the judgment.
S. MILLER, J.P., LUCIANO, SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18965
S/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-09515, 2004-02819
Hermione DuMorne, et al., appellants, v Carl Kemel-Pierre, etc., et al., respondents. (Index No. 26972/94)
| DECISION & ORDER ON MOTION |
Motions by the respondents on appeals from an order of the Supreme Court, Queens County, dated September 11, 2003, and a judgment of the same court dated November 18, 2003, for leave to reargue those branches of their prior cross motions which were to dismiss the appeal from the judgment, which were determined by decision and order on motion of this court dated October 28, 2004, or, in the alternative to enlarge the time to serve and file their respective briefs.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are granted to the extent that the decision and order on motion dated October 28, 2004, is recalled and vacated and the following decision and order on motion is substituted therefor, and the motions are otherwise denied:
Motion by the appellants 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 - July 2004 Calendar", dated August 16, 2004, as dismissed an appeal from an order of the Supreme Court, Queens County, dated September 11, 2003 (Appellate Division Docket No. 2003-09515), pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, and to reinstate the appeal. Cross motion by the respondents Matthew Ackert and Saint Johns Queens Hospital Division of Catholic Medical Center of Brooklyn & Queens to dismiss an appeal from a judgment of the same court entered November 18, 2003 (Appellate Division Docket No. 2004-02819) on the ground that the issues raised on that appeal can only be raised on an appeal from an order of the same court dated September 12, 2003 (Appellate Division Docket No. 2003-9513), which appeal was withdrawn by the appellants, or to enlarge the time to serve and file their brief on that appeal. Separate cross motion by the respondent Carl Kemel-Pierre for the same relief.
Upon the papers filed in support of the motions and cross motions and the papers filed in relation or opposition thereto, it is
ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion of this court dated August 16, 2004, as dismissed the appeal from the order dated September 11, 2003, is granted; and it is further,
ORDERED that on the court's own motion, the appeal from the order dated September 11, 2003, is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated with entry of the judgment entered November 18, 2003 (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the branches of the cross motions which are to dismiss the appeal from the judgment are denied (see CPLR 5501[a]); and it is further,
ORDERED that the branches of the cross motions which are to enlarge the time to serve and file the movants' respective briefs on the appeal from the judgment are granted; the movants shall serve and file their respective briefs on or before January 4, 2005.
RITTER, J.P., S. MILLER, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18984
Y/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-02022 Adelfa Garcia, etc., et al., respondents, v Joaly Enterprise Company, et al., appellants. (Index No. 32412/02)
| 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 January 5, 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 appellants' time to perfect the appeal is enlarged until January 31, 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.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19008
S/sl
|
2004-05143
Robin Kaplan, respondent, v Timothy Downing, appellant. (Index No. 17445/01)
| 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, Kings County, dated April 26, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 1, 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
Appellate Division: Second Judicial Department
M18977
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-01506 Barno Khaimova, et al., appellants, v Osnat Corp., d/b/a Daryo Restaurant, respondent. (Index No. 35924/99)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 18, 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 16, 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.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18975
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-00709, 2004-03907
Penny Linden, respondent, v Sheldon Linden, appellant. (Index No. 9167/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered December 23, 2003, and March 31, 2004, respectively, to enlarge the time to perfect the appeal from the order entered December 23, 2003, and to consolidate the two appeals.
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 from the order entered December 23, 2003, is granted, the appellant's time to perfect the appeal from the order entered December 23, 2003, is enlarged until December 28, 2004, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the two appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7 [c][1]).
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18993
A/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-09848 Mickey's Rides-N-More, Inc., respondent, v Anthony Viscuso Brokerage, Inc., appellant. (Index No. 10655/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings, including the trial, in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated September 23, 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 all proceedings, including the trial, in the above-entitled action are stayed pending hearing and determination of the appeal.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18980
E/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-02440 Maria Morejon, etc., plaintiff-respondent, v Rais Construction Company, et al., appellants, Barry Kleiman, et al., defendants-respondents. (Index No. 30033/00)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 3, 2004, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellants to stay all proceedings, including the trial on the issue of damages, in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 26, 2004. Cross motion by the plaintiff-respondent, inter alia, to dismiss the appeal on the ground that the appellants' record and brief contains or refers to matter dehors the record, or in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and all proceedings, including the trial on the issue of damages, in the above-entitled action are stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the appellants' record and brief contains or refers to matter dehors the record is granted to the extent that the record on appeal and the appellants' brief are stricken, and on or before January 5, 2005, the appellant shall serve and file (1) a replacement record on appeal that does not contain the documents appearing on pages 21 through 25, 44 through 144, 591 through 1100, and 1112 through 1131 of the record on appeal that was previously filed with the clerk of the court and (2) a replacement brief, and that branch of the cross motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, the plaintiff-respondent's time to serve and file a brief is enlarged until February 8, 2005, and the plaintiff-respondent's brief must be served and filed on or before that date, and; and it is further,
ORDERED that the cross motion is otherwise denied.
PRUDENTI, P.J., FLORIO, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18964
A/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-09871 Lourdes Mothersil, et al., respondents, v Town Sports International, et al., appellants. (Index No. 9550/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 29, 2004, and for a preference in the calendaring 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 denied.
S. MILLER, J.P., KRAUSMAN, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18773
A/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-08092
Juan Ramirez, et al., plaintiffs, v City of New York, et al., defendants.
(Index No. 4912/98)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by the defendants for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated June 3, 2004, which reversed a judgment of the Civil Court of the City of New York, Kings County, dated September 24, 2001, and ordered a new trial on the issue of damages unless the plaintiff Juan Ramirez stipulated to decrease the verdict as to damages from the principal sum of $979,000 to the principal sum of $350,000, representing $300,000 for past pain and suffering, and $50,000 for future pain and suffering, and to the entry of an amended judgment accordingly.
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., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19002
PL/sl
|
2004-04041
Risa Rich-Wing, appellant, v Kaleel Baboolal, et al., respondents. (Index No. 11293/02)
| ORDER ON APPLICATION |
Application by the respondent Ford Motor Credit Company pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file briefs on an appeal from an order of the Supreme Court, Kings County, dated February 19, 2004.
ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until January 3, 2005, and the respondents' briefs must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18963
L/
NANCY E. SMITH, J.P.
DANIEL F. LUCIANO
STEPHEN G. CRANE
REINALDO E. RIVERA, JJ.
|
2003-08335
George Thomas Riley, et al., respondents, v White Plains Hospital Center, et al., defendants, Jonathan Greenberg, etc., et al., appellants. (Index No. 12480/00)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, entered August 27, 2003.
Upon the stipulation of the attorneys for the respective parties, dated November 18, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SMITH, J.P., LUCIANO, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18939
S/sl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
BARRY A. COZIER
ROBERT A. LIFSON, JJ.
|
2003-10412, 2004-05167 Victor Schlesinger, etc., appellant, v Nathan Schlesinger, a/k/a Naftoli Schlesinger, a/k/a Nat Schlesinger, et al., respondents; Kolel Damasek Eliezer, amicus-respondent. (Index No. 27246/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to (1) extend the Second Amended Notice of Pendency dated June 19, 2001, and docketed on June 19, 2001, as it pertains to the property known as 712 Wythe Avenue, Brooklyn, and (2) enjoin the amicus-respondent Kolel Damasek Eliezer from transferring, mortgaging, or encumbering the property pending the hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated October 1, 2003, and May 13, 2004, respectively. By decision and order on motion dated July 9, 2004, the motion was granted to the extent that the amicus-respondent Kolel Damasek Eliezer was enjoined from transferring, mortgaging, or encumbering the property known as 712 Wythe Avenue, Brooklyn, on conditions that (1) the appellant perfect the appeals on or before August 16, 2004, and (2) the appellant post an undertaking with corporate surety, and the matter was remitted to the Supreme Court, Kings County, to hear and report on the amount of the undertaking to be filed by the appellant pursuant to CPLR 6312(b). The Supreme Court, Kings County, issued an order dated October 1, 2004, fixing the undertaking in the sum of $750,000 and directing the appellant to post that undertaking within 20 days of the date of the order. By decision and order on motion of this court dated October 20, 2004, the order of the Supreme Court, Kings County, dated October 1, 2004, was deemed to be the report which was directed to be filed by the decision and order on motion dated July 9, 2004, so much of the order as directed the appellant to post an undertaking within 20 days of the date of the order was vacated, and the parties were given an opportunity to file affirmations in connection with the amount of the undertaking to be posted by the appellant.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, the report of the Supreme Court, Kings County, and the affirmations of the parties in connection with the amount of the undertaking, it is
ORDERED that on or before December 15, 2004, the appellant post an undertaking in the sum of $750,000 in terms that if the orders dated October 1, 2003, and May 13, 2004, are affirmed and it is determined that the appellant was not entitled to a stay of enforcement, the appellant will pay to the respondents all damages and costs which may be sustained by reason of this stay as specified in CPLR 6312(b).
RITTER, J.P., KRAUSMAN, COZIER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18974
PL/sl
|
2004-04779
James Sollami, appellant, v Thomas Sheppard, respondent. (Index No. 7550/03)
| 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, Orange County, dated April 28, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 24, 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
Appellate Division: Second Judicial Department
M18982
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2004-01838 William E. Taylor, respondent, v Elaine Delarose-Taylor, appellant. (Index No. 390/03)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Dutchess County, dated January 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules of this court (see 22 NYCRR 670.8[a]), and the decision and order on motion of this court dated October 13, 2004; and it is further,
ORDERED that the application is denied.
PRUDENTI, P.J., FLORIO, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18995
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
THOMAS A. ADAMS
WILLIAM F. MASTRO, JJ.
|
2004-06839, 2004-07543
Anne Ziegler, respondent, v Abdulnasser Ahmed, et al., appellants, et al., defendants. (Index No. 42478/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw appeals from an order of the Supreme Court, Kings County, dated July 20, 2004, and a judgment of the same court, dated August 11, 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 deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the stay granted by the decision and order on motion dated August 25, 2004, is vacated forthwith.
RITTER, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18987
S/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-10294
In the Matter of Michael Brustad, respondent, v Diana Laboy, appellant. (Docket No. V-12009-04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Diana Laboy from an order of the Family Court, Suffolk County, dated October 4, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order appealed from (see CPLR 5511).
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18748
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-00548 In the Matter of Theresa Carbone, respondent, v Frank Conti, appellant. (Docket No. F-426/02)
| DECISION & ORDER ON MOTION |
Appeal by Frank Conti from an order of the Family Court, Richmond County, dated December 18, 2003. By order to show cause dated October 7, 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 a decision and order on motion dated August 6, 2004, which granted him leave to renew a motion for leave to prosecute the appeal as a poor person on or before September 20, 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 the decision and order on motion of this court dated August 6, 2004 (see 22 NYCRR 670.4[a][5]).
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18946
M/nal
|
2004-00064, 2004-00068 In the Matter of Ghislaine Charles, respondent, v Claude L. Charles, appellant. (Proceeding No. 1) (Docket No. O-7673/03) In the Matter of Claude L. Charles, appellant, v Dario Charles, respondent. (Proceeding No. 2) (Docket No. O-7491/03)
| SCHEDULING ORDER |
Appeals by Claude L. Charles from two orders of the Family Court, Nassau County, both dated November 24, 2003. The appellant's brief was filed in the office of the Clerk of this court on November 22, 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 respondents' briefs 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
M19001
M/nal
|
2004-09208
In the Matter of Pina Colapinto, appellant, v Martin Heinfling, respondent. (Docket No. F-05939-04)
| ORDER TO SHOW CAUSE |
Appeal by Pina Colapinto from an order of the Family Court, Nassau County, dated August 24, 2004. By scheduling order dated October 26, 2004, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 26, 2004, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 21, 2004; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18935
M/nal
|
2004-09470 In the Matter of Kathleen Cutter, respondent, v Harry Feldman, appellant. (Docket No. O-23574/03)
| SCHEDULING ORDER |
Appeal by Harry Feldman from an order of the Family Court, Kings County, dated October 15, 2004. By decision and order on motion of this court dated November 29, 2004, the following attorney was assigned as counsel on the appeal:
David Laniado, Esq.
189 Montague Street, Suite 303
Brooklyn, New York 11201
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 , 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
M18760
A/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-05407 In the Matter of Kenneth D. (Anonymous). Administration for Children's Services, respondent; Delano D. (Anonymous), appellant. (Docket No. N-8747/02)
| DECISION & ORDER ON MOTION |
Appeal by Delano D. from an order of the Family Court, Queens County, dated May 12, 2004. By order to show cause dated September 23, 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 a scheduling order dated August 5, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 5, 2004 (see 22 NYCRR 670.4[a][5]).
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18976
L/
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2003-06837 In the Matter of Fairview Fire Department, appellant, v Greenburgh Uniformed Firefighters Association, Inc., Local 1586, respondent. (Index No. 09059/03)
| DECISION & ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Application to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 8, 2003.
Upon the stipulation of the attorneys for the respective parties, dated December 1, 2004, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18759
A/sl
NANCY E. SMITH, J.P.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-02136 In the Matter of Racher P. (Anonymous), respondent, v Peter George A. (Anonymous), appellant. (Docket No. P-1128/03)
| DECISION & ORDER ON MOTION |
Appeal by Peter George A. from an order of the Family Court, Kings County, dated February 6, 2004. By order to show cause dated September 29, 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 a scheduling order dated July 8, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 8, 2004 (see 22 NYCRR 670.4[a][5]).
SMITH, J.P., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18986
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM A. MASTRO, JJ.
|
2004-01729, 2004-01730 In the Matter of Jamel Iasiah R. (Anonymous). Little Flower Children's Services, petitioner-respondent; Stacy B. (Anonymous), appellant; et al., respondent. (Docket No. B-02874-02)
| SCHEDULING ORDER |
Appeals by Stacy B. from two orders of the Family Court, Kings County, dated March 12, 2003, and January 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 appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until December 20, 2004; and it is further,
ORDERED that no further enlargement of time shall be granted.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18967
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-07962
In the Matter of Isabel Olga Restrepo, respondent, v James Gleeson, Jr., appellant. (Docket No. F-01576-96)
| DECISION & ORDER ON MOTION |
Appeal by James Gleeson, Jr., from an order of the Family Court, Suffolk County, dated July 26, 2004. By order to show cause dated November 9, 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 a scheduling order dated September 23, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the appellant's time to comply with the scheduling order dated September 23, 2004, is enlarged until December 30, 2004.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18966
M/nal
|
2004-08582 In the Matter of Tyler S. (Anonymous). Administration for Children's Services, respondent; Maria S. (Anonymous), appellant. (Docket No. N-22745-01)
| SCHEDULING ORDER |
Appeal by Maria S. from an order of the Family Court, Kings County, dated September 10, 2004. By decision and order on motion of this court dated December 1, 2004, the following attorney was assigned as counsel on the appeal:
Kenneth M. Tuccillo
251 E. 61st Street
New York, New York 10021
(212) 517-5000
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 December 1, 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
M18754
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-05927 In the Matter of Peter L. Santamaria, respondent, v Arianna S. Losada, appellant. (Docket No. O-2261/04)
| DECISION & ORDER ON MOTION |
Appeal by Arianna S. Losada from an order of the Family Court, Queens County, dated June 18, 2004. By order to show cause dated September 23, 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 a scheduling order dated July 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 26, 2004 (see 22 NYCRR 670.4[a][5]).
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18757
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-05929 In the Matter of Cathy M. Santamaria, respondent, v Arianna S. Losada, appellant. (Docket No. O-2262/04)
| DECISION & ORDER ON MOTION |
Appeal by Arianna S. Losada from an order of the Family Court, Queens County, dated June 18, 2004. By order to show cause dated September 23, 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 a scheduling order dated July 26, 2004, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and no papers having been filed in opposition or relation to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 26, 2004 (see 22 NYCRR 670.4[a][5]).
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18944
R/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-09979
In the Matter of Andrine Swensen, appellant, v Randall W. Richter, respondent.
(Index No. 3506/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay a hearing in the above-entitled proceeding pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 21, 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.
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18985
S/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-10190
In the Matter of Charlotte Wilcenski, respondent, v Kenneth Payne, appellant. (Docket No. O-18778-04)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Appeal by Kenneth Payne from an ex parte order of the Family Court, Suffolk County, dated October 21, 2004.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, as the order appealed from is not appealable either by right or by permission (see Family Ct Act § 1112; CPLR 5701; CPLR 5704).
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18777
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
1999-03609 The People, etc., respondent, v Derrick Fontaine, appellant. (Ind. No. 2798/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered March 18, 1999, inter alia, to enlarge the time to perfect the appeal. By order to show cause dated April 7, 2004, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the order to show cause and the papers filed in response thereto, it is
ORDERED that the order to show cause is granted, and the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the motion is denied as academic.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19025
Y/sl
ANITA R. FLORIO, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-05294 The People, etc., respondent, v Tully Hyman, appellant. (Ind. No. 1787/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to renew his prior motion for leave to serve and file a supplemental pro se reply brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 15, 2002, which was determined by decision and order on motion of this court dated October 26, 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.
FLORIO, J.P., SCHMIDT, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18961
K/sl
GABRIEL M. KRAUSMAN, J.
|
2004-03591 The People, etc., plaintiff, v Basheen Rush, defendant. (Ind. No. 4107/94)
| DECISION & ORDER ON APPLICATION |
Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 26, 2004, which has been referred to me for determination.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
GABRIEL M. KRAUSMAN
Associate Justice
Appellate Division: Second Judicial Department
M19016
J/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-08419 The People, etc., respondent, v Leroy Thorpe, appellant. (Ind. No. 878-84)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 9, 2004, in the above-entitled case is amended by deleting from the first decretal paragraph (1) the words "Supreme Court," and substituting therefor the words "County Court," and (2) the words "Kings County," and substituting therefor the words "Suffolk County."
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18999
S/sl
SONDRA MILLER, J.P.
GABRIEL M. KRAUSMAN
ROBERT A. SPOLZINO
ROBERT A. LIFSON, JJ.
|
2004-10266 The People, etc., respondent, v Tony Wilson, appellant. (Ind. No. 1947/99)
| ORDER TO SHOW CAUSE |
Appeal by the defendant from an order of the Supreme Court, Queens County, dated November 3, 2004.
Now, on the court's own motion, it is
ORDERED that the appellant or his counsel show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated November 3, 2004, is not appealable by right or by permission (see CPL 450.10, 450.15), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before December 27, 2004; and it is further,
ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant, his counsel, and the District Attorney by ordinary mail pursuant to CPL 470.60(2).
S. MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19013
J/sl
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
MYRIAM J. ALTMAN
ANITA R. FLORIO, JJ.
|
2004-08418 The People, etc., respondent, v Richard Windham, appellant. (Ind. No. 269-02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 9, 2004, in the above-entitled case is amended by deleting from the first decretal paragraph (1) the words "Supreme Court," and substituting therefor the words "County Court," and (2) the words "Kings County," and substituting therefor the words "Suffolk County."
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN, and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18747
A/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-09233 The People, etc., ex rel. DeAndre Williams, a/k/a David Williams, petitioner, v The People of the State of New York, respondent.
| DECISION & ORDER ON MOTION |
Motion by the petitioner, a State inmate under sentence for conviction of a crime, pursuant to CPLR 1101 for permission to prosecute the above-entitled proceeding as a poor person.
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; and it is further,
ORDERED that in the event that the filing fee has not been paid within 120 days from the date of this order the proceeding shall be dismissed (see CPLR 1101[d]).
The allegations of merit contained in the petitioner's affidavit in support of the motion fail to establish that the proceeding is not frivolous (see CPLR 1101[a]).
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court