APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5363
L/
|
2003-05666
Orlando Aguero, et al., respondents, v Ryan Lewis, et al., appellants. (Index No. 20740/99)
| 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 28, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5364
L/
|
2003-05691
Allstate Insurance Company, appellant, v v Mavis Turner, respondent. (Index No.1838/02)
| 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 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ORDERED that the application is granted and the appeal is marked withdrawn.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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5365
L/
|
2003-09078
Astoria Federal Savings & Loan Association, respondent, v Thomas E. Valery, et al., appellants. (Index No.19915/97)
| 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 August 18, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5358
L/
|
2003-04503
Peter Barresi, respondent, v Swo Maw Chou, appellant. (Index No. 10353/95)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Richmond County, dated March 25, 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ORDERED that the application is granted and the appeal is marked withdrawn.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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5384
T/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-00906 Marie Cellars, et al., appellants, v Elvira Hacker, et al., respondents. (Index No. 4149/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 7, 2003, for failure to timely perfect the same.
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 the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5355
L/
|
2003-04942 Lucius Coletta, respondent, v Ardmore Management Co., Inc., et al., appellants. (Index No. 19428/95)
| 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 February 24, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5366
L/
|
2003-03760, 2003-06866 Julio Cortez, et al., respondents, v Kenrick Ramkisson, et al., appellants, et al., defendants. (Index No. 30026/00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from a judgment of the Supreme Court, Queens County, dated March 11, 2003, and an order of the same court dated June 17, 2003.
Upon the stipulation of the parties, dated November 17, 2003, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5304
M/sl
|
2003-05057 Barbara Hoppmann D'Angelo, appellant, v Ronald D'Angelo, respondent. (Index No. 1738/98)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated March 3, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 2, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5294
M/sl
|
2003-05446 ORDER ON APPLICATION Helen Deitz, etc., et al., appellants, v Anne M. Huibregtse, respondent. (and another title) (Index No. 05229/01)
|
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated May 30, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 13, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5274
M/sl
|
2003-04964 Wojciech Dudek, et al., respondents, v Metropolitan Transportation Authority, et al., defendant third-party plaintiff-respondent- appellant, et al., defendant; Safeway Environmental Corporation, third-party defendant-appellant- respondent. (Index No. 03272/96)
| ORDER ON APPLICATION |
Application by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, entered May 21, 2003.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until January 30, 2004, and the joint record on appeal (see 22 NYCRR 670.8[c][1]) and the brief of the appellant-respondent must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5299
M/sl
|
2003-06213 Equicredit Corporation of America, etc., respondent, v Virgilio P. Williams, etc., et al., defendants, Kunjunjamma Kuriakose, appellant. (Index No. 2392/00)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated April 4, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 25, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5073
V/
|
2003-06716
Joseph L. Gil, appellant, v Valerie A. Gil, respondent. (Index No. 204151/02)
| 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 June 30, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5300
J/sl
|
2002-10248, 2003-07085 Arley Gonzalez, et al., respondents, v Zam Apartment Corp., et al., defendants, Stanley R. Waxman, et al., appellants. (Index No. 19189/93)
| 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 appeals from two orders of the Supreme Court, Queens County, dated September 4, 2002, and May 23, 2003, respectively.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 22, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5360
L/
|
2003-06540 Beverly Grant, respondent, v John Hus Moravian Church of Brooklyn, N.Y., Inc., appellant. (Index No. 38875/00)
| 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 June 19, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5362
E/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-07253 Jason Heyliger, appellant, v State of New York, respondent. (Claim No. 91867)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Court of Claims dated July 16, 2003, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5260
M/sl
|
2003-05079 Brenda Jansen, respondent, v Gerard Jansen, appellant. (Index No. 28097/99)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Suffolk County, dated April 16, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 4, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5347
L/
|
2003-04548 Brian Jones, et al., appellants, v William DeStafano, respondent. (Index No. 22233/01)
| 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 22, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5335
S/sl
|
2003-04702 John Langan, etc., et al., respondents, v St. Vincent's Hospital of New York, appellant. (Index No. 11618/02)
| 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, dated April 10, 2003, and to enlarge the appellant's time to serve and file a reply brief.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 20, 2004, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief, if any, shall be served and filed on or before February 20, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5343
L/
|
2003-05890, 2003-05893 Law Firm of Jerome A. Wisselman, respondent, v Anita Gupta, appellant. (Index No. 8719/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from an order of the Supreme Court, Nassau County, dated June 9, 2003, and a judgment of the same court, entered June 16, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5352
L/
|
2003-08339 Suzanne Manning, etc., et al., respondents- appellants, v Brookhaven Memorial Hospital Medical Center, defendant, Kitti Loychusuk, appellant-respondent. (Index No. 25589/97)
| ORDER ON APPLICATION Application to Withdraw Cross Appeal |
Application by the respondents-appellants to withdraw a cross appeal from an order of the Supreme Court, Suffolk County, dated September 9, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the cross appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5348
L/
|
2003-09715 Michael G. Manzella, respondent, v Melissa M. Manzella, appellant. (Index No. 3884/02)
| 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 October 28, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5368
L/
|
2003-01749
Tracy A. Marren, respondent, v Terrence M. Devine, appellant. (Index No. 3752/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Rockland County, dated January 30, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5311
T/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-00831 Eunice Marte, et al., respondents, v Town of Greenburgh, et al., appellants. (Index No. 1366/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered December 18, 2002.
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 5, 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.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5380
T/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2001-04034, 2001-07159 New Franklin Nursing Home, Inc., etc., et al., appellants-respondents, v Antonia Novello, etc., et al., respondents-appellants. (Index No. 28110/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents for leave to reargue appeals and cross appeals from two orders of the Supreme Court, Queens County, dated April 2, 2001, and June 28, 2001, respectively, which were determined by decision and order of this court dated September 23, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with $100 costs.
FLORIO, J.P., S. MILLER, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5332
S/sl
|
2003-06682 Solly S. Ouannou, etc., respondent, v Three P Corporation, appellant. (Index No. 21944/02)
| 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, Suffolk County, dated July 14, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 15, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5075
V/
|
2003-08847
James Perretti, et al., respondents, v Myung Han, appellant. (Index No. 17743/01)
| 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 August 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 is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5307
S/sl
|
2003-03541 Simon Reborchich, et al., appellants-respondents, v Broadway Mall Properties, Inc., defendant second- third-party plaintiff-respondent, J. C. Penney Co., Inc., defendant-respondent, Lehrer, McGovern, Bovis, Inc., defendant third-party plaintiff-respondent; Bayside Fencing Company, first and second third-party defendant-respondent-appellant. (Index No. 1461/00)
| ORDER ON APPLICATION |
Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2), on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated March 20, 2003, to enlarge the time to serve and file its answering brief, including its points of argument on the cross appeal.
ORDERED that the application is granted; and it is further,
ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before December 26, 2003 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the time of the respondent Broadway Mall Properties, Inc., to serve and file a brief in response to the briefs of the appellants-respondents and the respondent-appellant is enlarged until January 30, 2004; and it is further,
ORDERED that the time of the respondents Lehrer, McGovern, Bovis, Inc, Bovis Lend Lease, LMB, Inc., and J. C. Penney Co., Inc., to serve and file briefs in response to the brief of the respondent-appellant is enlarged until January 30, 2004; and it is further,
ORDERED that the appellants-respondents shall serve and file a reply brief on or before March 8, 2004; and it is further,
ORDERED that the respondent-appellant shall serve and file its reply brief on or before March 23, 2004.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5379
T/sl
MYRIAM J. ALTMAN, J.P.
BARRY A. COZIER
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-09112 Thomas Riley, appellant, v State of New York, respondent. (Claim No. 103567)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order on motion of this court, dated July 18, 2003, which dismissed an appeal from a judgment of the Court of Claims dated September 19, 2002.
Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is
ORDERED that the motion is denied.
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5361
L/
|
2003-06759
Balina Rosario, respondent, v Juan Williams, et al., appellants. (Index No. 33083/01)
| 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 11, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5345
L/
|
2003-07675 Jeffrey Satkin, appellant, v David J. McConnell, etc., et al., respondents. (Index No. 4475/00)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Orange County, dated June 12, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5356
L/
|
2003-06224 Gloria Scofield, et al., appellants, v Van Man Transportation Corp., et al., respondents. (and another action) (Index No. 24565/01)
| 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 6, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5344
L/
|
2003-07482 Harriet Siegel, respondent, v Edward Siegel, appellant. (Index No. 1243/98)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, dated July 14, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5074
V/
|
2003-02752
Kevin Smith, et al., appellants, v Somers Central School District, respondent. (Index No. 6635/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Westchester County, dated February 26, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5072
V/
|
2003-04844
State Farm Mutual Automobile Insurance Company, et al., appellants, v Paata Abjandadze, et al., respondents. (Index No. 13229/01)
| 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 February 25, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5273
M/sl
|
2003-06607 Vincent Volpe, et al., respondents, v Richard Valente, et al., appellants. (Index No. 05122/99)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated June 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 23, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5381
T/sl
NANCY E. SMITH, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
STEPHEN G. CRANE, JJ.
|
2001-10550 Geraldine Warm, etc., et al., plaintiffs, v State of New York, et al., defendants, New York State Electric & Gas Corporation, respondent; Pirotti & Pirotti, LLP, nonparty-appellant. (Index No. 782/95)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant for leave to appeal to the Court of Appeals from a decision and order of this court, dated September 22, 2003, which determined an appeal from an order of the Supreme Court, Putnam County, entered November 8, 2001.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SMITH, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5353
E/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-08259, 2002-08260 Gizella Weisshaus, appellant, v Rosenthal, Vallario, Leventhal & Coffinas, et al., respondents. (Index No. 13891/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two orders of the Supreme Court, Queens County, dated May 1, 2002, and July 9, 2002, respectively, in effect, to enlarge the time to perfect the appeals and for leave to reargue that branch of her motion which was, in effect, to direct the Supreme Court, Queens County, to hold a hearing to determine if certain material is missing from the original papers on file with the Supreme Court, Queens County, which motion was determined by decision and order on motion of this court dated September 10, 2003.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[e]).
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5394
T/sl
FRED T. SANTUCCI, J.P.
ROBERT W. SCHMIDT
THOMAS A. ADAMS
STEPHEN G. CRANE, JJ.
|
2003-09772 Leanore Wild, respondent, v Stardust Diners, Inc., d/b/a Colony Diner, et al., appellants. (Index No. 9344/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated September 29, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5390
M/sl
|
2003-05353 Samuel Williams, et al., appellants,v Philip Morris Companies Inc., et al., respondents, et al., defendant. (Index No. 7539/02)
| 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, Westchester County, entered May 2, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until December 12, 2003, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5303
M/sl
|
2003-04231, 2003-04728 Telelia Williams, respondent, v Sanjay Sahay, et al., defendants, Andrew Marks, et al., appellants. (Index No. 22969/00)
| ORDER ON APPLICATION |
Application by the appellant Ranhir Yadav, s/h/a Ranir Yadan Singh, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from two orders of the Supreme Court, Queens County, both dated February 13, 2003.
ORDERED that the application is granted and the time of the appellant Ranhir Yadav, s/h/a Ranir Yadan Singh to perfect the appeals is enlarged until December 12, 2003, and brief of the appellant Ranhir Yadav, a/k/a Ranir Yadan Singh must be filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M3448
M/mv
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2003-01583 In the Matter of Lisa A. (Anonymous). St. Vincent's Services, respondent; Lesley M. A. (Anonymous), appellant. (Docket No. B-03643-01)
| ORDER TO SHOW CAUSE |
Appeal by Lesley M. A. from an order of the Family Court, Queens County, dated February 14, 2003. By scheduling order dated August 8, 2003, the appellant was directed to file one of the following in the office of the Clerk of the court, within 30 days after the date of the scheduling order:
(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceeding to be transcribed for the appeal; or
(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or
(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or
(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or
(5) an affidavit or an affirmation withdrawing the appeal.
The appellant has failed to comply with the scheduling order. Pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), it is
ORDERED that the parties or their attorneys are directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated August 8, 2003, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on each other on or before December 31, 2003; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order upon the parties or their attorneys.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5387
T/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-06647 In the Matter of Anastasia B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 1) (Docket No. N-17178-97) In the Matter of Maximillian B. (Anonymous). Administration for Children's Services, petitioner- respondent; Shannan B. (Anonymous), respondent; Constantin B. (Anonymous), appellant. (Proceeding No. 2) (Docket No. N-17179-97)
| DECISION & ORDER ON MOTION |
Appeal by Constantin B. from an order of the Family Court, Queens County, dated June 23, 2003. By order to show cause dated November 6, 2003, 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 proceedings for failure to comply with a scheduling order dated September 2, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).
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 pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated September 2, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 12, 2004.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5265
C/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2003-07793, 2003-07794 In the Matter of Hilary Best, appellant, v Alma Belgrave, respondent. (Docket No. O-05234/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute appeals from two orders of the Family Court, Queens County, dated July 10, 2003, and July 31, 2003, respectively, as a poor person and for the assignment of counsel.
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 appeals 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 appeals, 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 appeals:
Lawrence Salvato, Esq.
P.O. Box 6401
New York, NY, 10128
(212) 427-9616
and it is further,
ORDERED that on the court's own motion, so much of the decision and order on motion of this court dated November 6, 2003, as conditioned a stay of the orders upon the perfection of the appeals by January 12, 2004, is amended to provide that the appeals shall be perfected on or before March 15, 2004; 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 appeals are taken.
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5367
L/
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2003-01147
In the Matter of Clarendon National Insurance Company, appellant, v Muhammad Sidique, et al., respondents-respondents, et al., respondents. (Index No. 35609/02)
| 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 December 4, 2002.
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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5369
E/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-08141 In the Matter of Jane Doe, appellant, v Donald Selsky, et al., respondents. (Index No. 00107/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, entered May 9, 2003, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is to dispense with printing 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 appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5370
E/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-06757 In the Matter of Hager Grossett Grenion, appellant, v Arnulfo Grossett, respondent. (Docket No. F-09404/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Kings County, dated June 24, 2003, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for a free transcript, waiver of the filing fee, and the assignment of counsel are denied; and it is further,
ORDERED that the motion is otherwise denied as unnecessary (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116).
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5308
T/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-04397
In the Matter of George Hom, appellant, v Jane Zullo, respondent. (Docket No. F-3296-96)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from an order of the Family Court, Nassau County, dated April 3, 2003, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the scheduling order dated June 18, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 12, 2004.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5310
T/sl
MYRIAM J. ALTMAN, J.P.
GLORIA GOLDSTEIN
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-05396 In the Matter of George Hom, appellant, v Jane Zullo, respondent. (Docket Nos. V-01702-02, V-01703-02)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on an appeal from an order of the Family Court, Nassau County, dated April 3, 2003, for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the scheduling order dated September 3, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 12, 2004.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5340
L/
|
2003-08824
In the Matter of Danielle I. (Anonymous), appellant. (Docket No. S-7720-02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Suffolk County, dated September 2, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5333
S/sl
|
2003-05307 In the Matter of Interboro Mutual Indemnity Insurance Company, petitioner-respondent, v Daniel C. Kraus, et al., appellants; Mathew K. George, et al., additional respondents-respondents. (Index No. 3307/03)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 9, 2003.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until February 9, 2004, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5372
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-06619
In the Matter of Carol Karp, respondent, v Kevin Cornelius, appellant. (Docket No. F-6070-02)
| DECISION & ORDER ON MOTION |
Appeal by Kevin Cornelius from an order of the Family Court, Suffolk County, dated June 18, 2003. By order to show cause dated October 28, 2003, 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 4, 2003, issued pursuant to 22 NYCRR 670.4(a).
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 scheduling order dated September 4, 2003 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5316
M/sl
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2003-02380 In the Matter of Annie Keeling (Vincent Owens), appellant, v People of the State of New York, respondent; International Fidelity Ins. Co., nonparty-surety. (Ind. Nos. 5730/93, 257/94, 258/94, 352/94)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated August 23, 2002.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 14, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5374
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-07294 In the Matter of Lida Kholasechi, appellant, v Yo-Ab Massih Israelian, respondent. (Docket No. F-01599/97)
| DECISION & ORDER ON MOTION |
Appeal by Lida Kholasechi from an order of the Family Court, Kings County, dated June 30, 2003. By order to show cause dated October 28, 2003, 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 5, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers 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 scheduling order dated September 5, 2003 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5338
M/sl
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2003-04055 In the Matter of Perry Krape, appellant, v Frank C. Trotta, etc., et al., respondents. (Index No. 28550/02)
| 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 a judgment of the Supreme Court, Suffolk County, entered April 4, 2003.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 5, 2004, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5070
V/
|
2003-07826, 2003-07829
In the Matter of DeWayne M. (Anonymous), appellant. (Docket No. 12611-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw appeals from two orders of the Family Court, Suffolk County, dated August 15, 2003, and August 19, 2003, respectively.
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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5071
V/
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2003-03657 In the Matter of Marquis M. (Anonymous), appellant. (Docket No. D-18323-00)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an amended order of the Family Court, Kings County, dated April 1, 2003.
Upon the stipulation of the parties, dated November 13, 2003, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5388
T/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2002-05347 In the Matter of Deborah Mahoney, appellant, v Peter Hefter, respondent. (Docket No. V-1176/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Family Court, Nassau County, dated April 9, 2002, on the ground that the appellant's brief was not properly served on the respondent.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the scheduling order dated October 6, 2003, is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until January 12, 2004.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5325
O/sl
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2003-06653 In the Matter of Albert Manuel, appellant, v Sonia Felder, respondent. (Docket No. V-6797/02, V-8534/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Queens County, dated June 20, 2003, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, with leave to renew on or before December 26, 2003, upon proper papers, including the appellant's affidavit setting forth all of his and his wife's expenses and income.
FLORIO, J.P., LUCIANO, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5350
L/
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2003-05560 In the Matter of Orange Holding, LLC, respondent, v Town of Blooming Grove, et al., appellants. (Index No. 1093/01)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from a judgment of the Supreme Court, Orange County, dated April 1, 2003.
Upon the papers filed in support of the application and no papers having been filed in opposition or relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5271
M/sl
|
2003-06187 In the Matter of Progressive Northeastern Insurance Company, appellant, v Richard E. Frenkel, respondent. (Index No. 21263/02)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated May 13, 2003.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 1, 2004, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5359
L/
|
2003-06605 In the Matter of Malika S. (Anonymous). Administration for Children's Services, appellant; Zacharia S. (Anonymous), et al., respondents. (Proceeding No. 1) (Docket No. N-17977-03) In the Matter of Khalil S. (Anonymous). Administration for Children's Services, appellant; Zacharia S. (Anonymous), et al., respondents. (Proceeding No. 2)
(Docket No. N-19978-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Kings County, dated July 25, 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
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5383
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2003-07296 In the Matter of Robert Staiti, appellant, v Linda Staiti, a/k/a Linda Bezinyan, respondent. (Docket No. V-19225/02)
| DECISION & ORDER ON MOTION |
Appeal by Robert Staiti from an order of the Family Court, Kings County, dated May 15, 2003. By order to show cause dated October 28, 2003, 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 5, 2003, issued pursuant to 22 NYCRR 670.4(a).
Now, on the court's own motion, and the papers 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 scheduling order dated September 5, 2003 (see 22 NYCRR 670.4[5]).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5346
L/
|
2003-08830 In the Matter of Town of Mount Kisco, petitioner, v New York State Board of Real Property Services, et al., respondents.
| ORDER ON APPLICATION Withdraw Proceeding on Stipulation |
Proceeding pursuant to Real Property Tax Law § 1218.
Upon the stipulation of the parties, dated November 10, 2003, it is
ORDERED that the proceeding is marked withdrawn only as to respondent County of Westchester.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5389
E/sl
MYRIAM J. ALTMAN, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO, JJ.
|
2002-07624 The People, etc., appellant, v Shavonn Davis, respondent. (Ind. No. 191/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 26, 2002, to enlarge the judgment roll to include certain newspaper articles.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until January 9, 2004, and the respondent's brief must be served and filed on or before that date.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5314
T/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2000-04055 The People, etc., respondent, v Eric DeBerry, appellant. (Ind. No. 6281/99)
| 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, rendered March 28, 2000.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 5, 2004.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5315
T/sl
FRED T. SANTUCCI, J.P.
GABRIEL M. KRAUSMAN
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
|
2002-06558 The People, etc., respondent, v Arnold Fordham, appellant. (Ind. No. 288/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an order of this court releasing any and all minutes of the Grand Jury proceedings conducted in the above-entitled action in regard to an appeal from a judgment of the Supreme Court, Kings County, rendered July 3, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5326
T/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
THOMAS A. ADAMS
BARRY A. COZIER, JJ.
|
2002-01913 The People, etc., respondent, v Remi Illis, appellant. (Ind. No. 1725/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for an enlargement of time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 26, 2002.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appellant's supplemental pro se brief shall be served and filed on or before February 13, 2004; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5357
L/
|
2002-04640 The People etc., respondent, v Shawn Smith, appellant. (Ind. No. 3350/01)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from a judgment of the Supreme Court, Queens County, rendered April 18, 2002.
Upon the stipulation of the parties, dated November 12, 2003 , it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk
December 5, 2003
PEOPLE v SMITH, SHAWN
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5392
M/sl
|
2000-09842 The People, etc., respondent, v Lawrence Weygant, appellant.
(Ind. No. 99/650)
| 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 a judgment of the County Court, Orange County, rendered October 12, 2000.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 22, 2003.
ENTER:
James Edward Pelzer
Clerk
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
M5319
Y/sl
ANITA R. FLORIO, J.P.
WILLIAM D. FRIEDMANN
SANDRA L. TOWNES
BARRY A. COZIER, JJ.
|
2003-08337 The People, etc., ex rel., Michael Dorio, petitioner, v W. E. Phillips, 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 (see People ex rel. Hawkins v Sally, 151 AD2d 527).
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk