Appellate Division: Second Judicial Department
M19084
CF/
|
2004-08423 Marta M. Ahrens, respondent, v Pathmark Stores, Inc., appellant. (Index No. 220/03)
| 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 16, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19057
J/sl
|
2004-04683
Mary Lou Albert, appellant, v Barry H. Klein, et al., respondents.
(Index No. 14686/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated May 4, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 17, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18845
CF/
|
2003-10929, 2003-10932 Alsol Enterprises, Ltd., et al., respondents, v Premier Lincoln-Mercury, Inc., et al., appellants (and a third-party action). (Index No. 38657/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeals from two orders of the Supreme Court, Kings County, both dated August 13, 2003.
Upon the stipulation of the parties, dated October 29, 2004, it is
ORDERED that the appeals are marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19074
CF/
|
2004-04487 Alsol Enterprises, Ltd., et al., respondents, v Premier Lincoln-Mercury, Inc., et al., appellants. (and a third-party action). (Index No. 38657/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated April 26, 2004.
Upon the stipulation of the parties, dated October 29, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18978
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-09715 Fira Babickaia, respondent, v Zhanna Kanevsky, appellant, et al., defendants. (Index No. 1201/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated September 21, 2004, to stay the enforcement of so much of the order as directed the appellant to appear for an examination before trial, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19091
CF/
|
2004-08280 Bella's Laundry Service, Inc., appellant, v Guion Agency, Inc., respondent. (Index No. 12126/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Supreme Court, Westchester County, entered August 10, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18969
Y/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2004-02423 Bruce Benson, appellant, v Mary Ann Benson, respondent. (Index No. 5478/96)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered February 25, 2004.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until January 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; 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
M19051
Y/sl
FRED T. SANTUCCI, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
REINALDO E. RIVERA, JJ.
|
2004-02448 Robert Bianco, respondent, v Andrea Bianco, appellant. (Index No. 16717/90)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated January 5, 2004, to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehor the record.
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, the record and appellant's brief are stricken, and, on before January 11, 2005, the appellant shall serve and file a new record and brief that does not contain or refer to matter dehor the record.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18887
C/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-10144 Mary Bolivar, respondent, v George Bolivar, appellant. (Index No. 25123/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated October 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19007
J/sl
|
2004-03904
Jazz Burghardt, etc., et al., respondents, v Sara Wilford, et al., defendants, City of Yonkers, appellant (and a third-party action). (Index No. 2407/01)
| 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, Westchester County, entered April 23, 2004.
ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until January 19, 2005, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19055
PL/sl
|
2004-05539
Prima Cadet, et al., respondents, v Kun Chou Yong, appellant-respondent, Hughes Josephs, et al., respondents-appellants. (Index No. 7068/02)
| 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 an order of the Supreme Court, Kings County, dated March 16, 2004.
ORDERED that the application is granted and the appellant-respondent's time to perfect the appeal is enlarged until February 9, 2005, and the record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]).
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19086
CF/
|
2004-10117 Joan Comparato, respondent, v Raymond Comparato, appellant. (Index No. 9097/03)
| 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 September 24, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19030
J/sl
|
2004-05152
Leon Dennis, et al., appellants, v City of New York, respondent (and a third-party action). (Index No. 16213/96)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 15, 2004.
ORDERED that the application is granted and the appellants' time to perfect the appeal is enlarged until January 27, 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
M19062
E/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-05158, 2004-07708 Chaya Fekete, respondent, v Camp Skwere, a/k/a Camp Bnos Square, appellant.
(Index No. 32887/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Kings County, dated May 21, 2004, and July 15, 2004, respectively, to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record, or alternatively, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 6, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it further,
ORDERED that the motion is otherwise denied.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19088
CF/
|
2004-04613 Al Felicioni, et al., appellants, v Ira S. Saltzman, respondent. (Index No. 3470/03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Nassau County, dated April 13, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19041
Y/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-08685
Viola Fuller, et al., plaintiffs, v Michael Stallone, et al., defendants. (Index No. 148/03)
| DECISION & ORDER ON MOTION Motion for Leave to Appeal to the Appellate Division |
Motion by Viola Fuller and Kelli Fuller for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated April 9, 2004, which affirmed an order of the Civil Court, City of New York, Kings County, entered November 25, 2002.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is denied.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18972
PL/sl
|
2003-10054
General Motors Acceptance Corp., respondent, v Grade A Auto Body, Inc., defendant, Amelia S. Cavanaugh, appellant. (Index No. 12093/01)
| 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 29, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 17, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19077
M/nal
|
2004-07677
Susan Green, respondent, v James Green, appellant. (Index No. 201035-03)
| ORDER TO SHOW CAUSE |
Appeal by James Green from an order of the Supreme Court, Nassau County, dated August 19, 2004. By scheduling order dated November 1, 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 Supreme 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 November 1, 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 22, 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
M19089
CF/
|
2004-08203 Lennox Headley, appellant, v Cleophas Callender, respondent. (Index No. 48705/02)
| 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 July 28, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19033
R/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE
PETER B. SKELOS, JJ.
|
2004-00499 Gabor Simon Hirsch, et al., respondents, v Monroe Bus Corp., et al., appellants. (Index No. 12356/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the inquest in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 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.
RITTER, J.P., H. MILLER, SCHMIDT, CRANE and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19066
C/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2004-09957 Hon-Kuen Lo, respondent, v Gong Park Realty Corp., appellant. (Index No. 17803/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the inquest in the above-entitled action pending the hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 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 denied.
RITTER, J.P., H. MILLER, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19043
PL/sl
|
2004-03149
Calvin Hunter, appellant, v City of New York, respondents. (Index No. 20429/00)
| ORDER ON APPLICATION |
Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated September 2, 2004.
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until January 5, 2005, and the respondents' brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19037
J/sl
|
2004-04934
Rubin Jordan, respondent, v David Clinton, et al., appellants. (Index No. 48636/02)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated May 4, 2004.
ORDERED that the application is granted and 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.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18973
PL/sl
|
2004-05487 Pessie Krakinowski, appellant, v New York City Transit Authority, respondent. (Index No. 2084/99)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated May 25, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 3, 2005, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19005
A/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2004-03179
Tatiana Kuzmin, appellant, v Visiting Nurse Service of New York, et al., respondents. (Index No. 13483/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated March 12, 2004.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic, as the appeal was timely perfected on December 3, 2004.
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18564
C/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEPHEN G. CRANE
ROBERT A. SPOLZINO, JJ.
|
2003-08903 Eddie M. Lewter, respondent, v Leilani Russell Lewter, appellant. (Index No. 6347/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, for leave to reargue a motion, among other things, for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated August 12, 2003, as a poor person, and to further 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 branch of the motion which is to further enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed to failure to timely perfect the appeal in accordance with the rules of this court (see 22 NYCRR 670.8[e]), and a decision and order on motion of this court dated September 9, 2004; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., KRAUSMAN, CRANE and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19072
M/nal
|
2004-08775
Anthony Lomonaco, respondent-appellant, v Lisa Lomonaco, appellant-respondent. (Index No. 16239/97)
| ORDER TO SHOW CAUSE |
Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 10, 2004. By scheduling order dated October 21, 2004, the appellant-respondent and respondent-appellant were 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 Supreme Court proceedings to be transcribed for the appeal and cross 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 and/or cross appeal.
The appellant-respondent and respondent-appellant have 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 and cross appeal in the above-entitled proceeding for failure to comply with the scheduling order dated October 21, 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 22, 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
M19049
J/sl
|
2004-00892
Masood Mahmood, etc., plaintiff-respondent, v Louis Pinto, et al., respondents-appellants, Kevin P. Tierney, et al., appellants-respondents, Sun Hui Monroe, defendant-respondent, et al., defendants. (Index No. 11082/00)
| ORDER ON APPLICATION |
Application by the plaintiff-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated December 9, 2003.
ORDERED that the application is granted and the plaintiff-respondent's time to serve and file a brief is enlarged until January 24, 2005, and the plaintiff-respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19087
CF/
|
2004-08447 Morningside House Nursing Home Company, Inc., respondent, v UPR Care Corporation, appellant. (Index No. 12497/03)
| 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 23, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19085
M/nal
|
2003-11223 Susan K. Neuman, appellant, v Marvin H. Neuman, respondent. (Index No. 203964/00)
| SCHEDULING ORDER |
Appeal by Susan K. Neuman from a judgment of the Supreme Court, Nassau County, dated October 30, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until December 23, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18989
C/sl
DAVID S. RITTER, J.P.
ANITA R. FLORIO
WILLIAM F. MASTRO
STEVEN W. FISHER, JJ.
|
2004-09780, 2004-10034 Paradise Point Association, Inc., respondent, v Mary S. Zupa, appellant. (Index No. 22401/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated October 27, 2004, and a judgment of the same court entered November 5, 2004, to stay enforcement of the order and judgment pending hearing and determination of the appeal therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the order and judgment dated October 27, 2004, is stayed pending hearing and determination of the appeal on condition that the appeal from the order and judgment, and the appeal from a judgment of the same court entered November 5, 2004, are perfected on or before January 6, 2005; and it is further,
ORDERED that in the event the appeals are not perfected on or before January 6, 2005, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., FLORIO, MASTRO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19029
J/sl
|
2004-04172
Victor Pareja, appellant, v William H. Brown, respondent. (Index No. 8171/03)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated March 30, 2004.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 30, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19071
CF/
|
2003-10933 Premier Lincoln-Mercury, Inc., appellant, v Alsol Enterprises, Ltd., et al., respondents. (Index No. 16980/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated August 13, 2003.
Upon the stipulation of the parties, dated October 29, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19073
CF/
|
2004-02921 Premier Lincoln Mercury, Inc., appellant, v Alsol Enterprises, Ltd., et al., respondents. (Index No. 16980/02)
| ORDER ON APPLICATION Withdraw Appeal on Stipulation |
Appeal from an order of the Supreme Court, Kings County, dated March 2, 2004.
Upon the stipulation of the parties, dated October 29, 2004, it is
ORDERED that the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18942
C/sl
ANITA R. FLORIO, J.P.
SONDRA MILLER
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON, JJ.
|
2004-05764, 2004-08001 Rosemary Rizzuto, respondent, v Joseph Rizzuto, appellant. (Index No. 20070/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss appeals from an order of the Supreme Court, Westchester County, dated May 25, 2004, and a judgment of the same court dated August 26, 2004, on the ground that the appellant's appendix is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental appendix and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals on the ground that the appellant's appendix is inadequate is granted to the extent that on or before December 20, 2004, the appellant shall serve and file a supplemental appendix containing an affidavit dated December 23, 2003, that was admitted as plaintiff's exhibit 19, and the pages of the affidavit of Rosemary Rizzuto dated December 4, 2002, containing paragraphs 5 through 20 of the affidavit, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent shall serve and file her brief on or before January 20, 2005; and it is further,
ORDERED that the motion is otherwise denied.
FLORIO, J.P., S. MILLER, KRAUSMAN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18997
A/sl
DAVID S. RITTER, J.P.
NANCY E. SMITH
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2002-11250 Tatiana Samoilova, appellant, v Visiting Nurse Service of New York, et al., respondents. (Index No. 9496/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to recall and vacate so much of a decision and order on motion of this court dated September 4, 2003, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - July 2003 Calendar" as dismissed an appeal from an order of the Supreme Court, Queens County, dated November 13, 2002, for failure to timely perfect, to reinstate the appeal, and to enlarge the time to perfect the appeal.
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.
RITTER, J.P., SMITH, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19058
E/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
STEVEN W. FISHER, JJ.
|
2004-00893 Sears Mortgage Corporation, respondent, v Shahrokh R. Yaghobi, appellant, et al., defendants. (Index No. 7919/91)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated November 18, 2003, to deem the record on appeal filed by the appellant to be an appendix and for leave to serve and file a respondent's appendix and to subpoena the original papers.
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 deem the record on appeal filed by the appellant to be an appendix is granted; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a respondent's appendix is denied as unnecessary (see CPLR 5528); and it is further,
ORDERED that the branch of the motion which is for leave to subpoena the original papers is granted and the respondent is directed to subpoena the original papers from the clerk of the Supreme Court, Queens County; 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 5, 2005, and the respondent's brief must be served and filed on or before that date.
KRAUSMAN, J.P., GOLDSTEIN, LUCIANO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19038
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2004-07155
Isaac Segall, respondent, v Gal Segall, appellant. (Index No. 19616/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from a decision of the Supreme Court, Westchester County, entered July 23, 2004, as a poor person, and for the assignment of counsel, and cross motion by the respondent, inter alia, for costs and an attorney's fee.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,
ORDERED that the branches of the cross motion which are for costs and an attorney's fee are denied; and it is further,
ORDERED that the motion and the cross motion are otherwise denied as academic.
RITTER, J.P., S. MILLER, GOLDSTEIN and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19075
CF/
|
2004-03912 David Slater, respondent, v Henry H. Chan, et al., appellants. (Index No. 15263/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellants to withdraw an appeal from an order of the Supreme Court, Westchester County, dated April 1, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19059
J/sl
|
2004-00058
Andrea Spano, etc., et al., appellants, v Baldo Bertocci, defendant, Esther Baldinger, respondent. (Index No. 24352/97)
| 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 amended judgment of the Supreme Court, Kings County, dated September 24, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until February 3, 2005, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the reply brief must be served and filed on or before February 23, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19046
PL/sl
|
2004-02923
Varaina Venetal, et al., appellants, v City of New York, defendant, et al., respondent.
(Index No. 41617/94)
| ORDER ON APPLICATION |
Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Kings County, dated March 1, 2004.
ORDERED that the application is granted and the reply brief shall be served and filed on or before January 3, 3005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19056
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
STEVEN W. FISHER, JJ.
|
2004-05193 Frances Welsh, et al., respondents v Cyril Okolie, et al., defendants, Phyllis Okolie, appellant.
(Index No. 8702/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
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 granted; and it is further,
ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until January 10, 2005, and the respondents' brief must be served and filed on or before that date.
RITTER, J.P., GOLDSTEIN, SMITH and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19076
CF/
|
2004-03539 Marlene Whitty, et al., appellants, v Best Metropolitan Towel & Linen Supply Co., Inc., respondent. (Index No. 33957/02)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant Marlene Whitty to withdraw an appeal from an order of the Supreme Court, Kings County, dated March 15, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal by Marlene Whitty is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18971
M/nal
|
2004-03378 In the Matter of Yvon Abellard, appellant, v Edith Aime, respondent. (Docket No. P-4133-01)
| SCHEDULING ORDER |
Appeal by Yvon Abellard from an order of the Family Court, Queens County, dated March 15, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 3, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 30 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M19068
M/nal
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
NANCY E. SMITH
ANITA R. FLORIO, JJ.
|
2004-07863
In the Matter of Alexandria B. (Anonymous). Suffolk County Department of Social Services, respondent; Dina B. (Anonymous), appellant. (Docket Nos. N-427-00, N-428-00)
| DECISION & ORDER ON MOTION |
Appeal by Dina B. from an order of the Family Court, Suffolk County, dated July 13, 2004. By order to show cause dated October 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 September 15, 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 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 January 10, 2005.
RITTER, J.P., GOLDSTEIN, SMITH and FLORIO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19040
PL/sl
|
2003-09685, 2004-02437
In the Matter of William H. Christian, appellant, v Uniform Holdings, LLC, et al., respondents. (Index No. 20048/03)
| ORDER ON APPLICATION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief on appeals from two orders of the Supreme Court, Queens County, dated October 2, 2003, and January 30, 2004, respectively.
ORDERED that the application is granted and the reply brief shall be served and filed on or before December 21, 2004.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18970
M/nal
|
2004-04507 In the Matter of Narda De La Cruz, respondent, v Achilles Colon, appellant. (Docket No. O-13442-04)
| SCHEDULING ORDER |
Appeal by Achilles Colon from an order of the Family Court, Kings County, dated May 7, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19026
M/nal
|
2004-10460 In the Matter of Richard Freyer, respondent, v Marybeth Freyer, appellant. (Docket No. F-03383-00)
| SCHEDULING ORDER |
Appeal by Marybeth Freyer from an order of the Family Court, Suffolk County, dated October 22, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19019
M/nal
|
2004-10459 In the Matter of Harrylon Gamble, appellant, v Tara D. Clemons, respondent. (Docket No. F-05075-04)
| SCHEDULING ORDER |
Appeal by Harrylon Gamble from an order of the Family Court, Suffolk County, dated October 21, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M19014
M/nal
|
2004-10395, 2004-10396, 2004-10397 In the Matter of Leta Greenstein, respondent, v Jerry Greenstein, appellant. (Docket No. F-1931-03)
| SCHEDULING ORDER |
Appeals by Jerry Greenstein from three orders of the Family Court, Rockland County, dated May 3, 2004, July 24, 2004, and October 21, 2004, respectively. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeals in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeals; or
(2) if there are such minutes, an affidavit or affirmation that the transcripts have been received, and indicating the date received; or
(3) if the transcripts have not been received, an affidavit or affirmation stating that they have been ordered, the date thereof and the date by which the transcripts are expected; or
(4) an affidavit or an affirmation withdrawing the appeals; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), 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 appeals to show cause why the appeals should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M19090
J/sl
|
2004-00482
In the Matter of Shanasia H. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dominique L. (Anonymous). Suffolk County Department of Social Services, respondent; Eric R. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. N-1004/03, N-1512/03, F-15540-02)
| 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 Family Court, Suffolk County, entered December 15, 2003.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 10, 2004, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19006
M/nal
|
2004-10441 In the Matter of Cindy Holmes, respondent, v Keith B. Greene, appellant. (Docket No. F-2012/95)
| SCHEDULING ORDER |
Appeal by Keith B. Greene from an order of the Family Court, Orange County, dated September 24, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M18909
K/nal
A. GAIL PRUDENTI, P.J.
DAVID S. RITTER
FRED T. SANTUCCI
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2001-05659
In the Matter of Jeffrey I. Klein, a suspended attorney. (Attorney Registration No. 1038751)
| DECISION & ORDER ON MOTION FOR REINSTATEMENT |
Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Fourth Judicial Department on September 15, 1971. By opinion and order of this court dated January 21, 2003, he was suspended from the practice of law for a period of one year. By decision and order on motion of this court dated February 26, 2004, the respondent's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness for the Second Judicial Department for an investigation and report with respect to the respondent's current fitness to be an attorney, including but not limited to, the circumstances underlying the forgery that led to the imposition of an admonition in 1994.
Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Jeffrey I. Klein to the roll of attorneys and counselors-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, FLORIO and H. MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18990
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM A. MASTRO, JJ.
|
2004-02135 In the Matter of Miriam Leyberman, respondent, v Lev Leyberman, appellant. (Docket No. F-02308/01)
| SCHEDULING ORDER |
Appeal by Lev Leyberman from an order of the Family Court, Kings County, dated December 29, 2003. The appellant's brief was filed in the office of the Clerk of this court on October 13, 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 time of the respondent to serve and file a brief on the appeal is enlarged until January 5, 2005; 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
M18981
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM A. MASTRO, JJ.
|
2004-06658
In the Matter of Franky Lopez, appellant, v Laurie Giles, respondent. (Docket No. V-11850-03)
| DECISION & ORDER ON MOTION |
Appeal by Franky Lopez from an order of the Family Court, Westchester County, dated June 22, 2004. By order to show cause dated September 20, 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 11, 2004, issued pursuant to 22 NYCRR 670.4(a)(2). By decision and order dated October 29, 2004, the appellant's time to comply with the scheduling order dated August 11, 2004, was enlarged until November 26, 2004. The appellant has not complied with the order. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding is dismissed, 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
M18968
M/nal
|
2004-03107 In the Matter of Christine Mazzilli, appellant, v Paul Mazzilli, respondent. (Docket No. F-8451/92)
| SCHEDULING ORDER |
Appeal by Christine Mazzilli from an order of the Family Court, Kings County, dated March 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on December 1, 2004. Pursuant to § 670.4(a)(2) of the Rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's brief shall be served and filed within 45 days of the date of this order.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M19083
M/nal
|
2004-00829 In the Matter of Lina Catalina R. (Anonymous). Suffolk County Department of Social Services, respondent; Leonaldo R. (Anonymous), appellant. (Docket Nos. B-2959/03, B-2960/03)
| SCHEDULING ORDER |
Appeal by Leonaldo R. from an order of the Family Court, Suffolk County, dated January 22, 2004. The appellant's brief was filed in the office of the Clerk of this court on November 8, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardian's time to serve and file a brief on the appeal is enlarged until January 12, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19092
CF/
|
2004-05066
In the Matter of Melissa Rinaldi, respondent, v Anthony Rinaldi, appellant. (Docket Nos. V-1219-03, V-1221-03 V-1289-03, V-1290-03)
| ORDER ON APPLICATION Application to Withdraw Appeal |
Application by the appellant to withdraw an appeal from an order of the Family Court, Rockland County, dated May 14, 2004.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19078
M/nal
|
2004-02775 In the Matter of Elesabif S.-P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Isabel P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 2) In the Matter of Tanya P. (Anonymous). Commissioner of Administration for Children's Services of City of New York, appellant; Martha S. (Anonymous), respondent. (Proceeding No. 3) (Docket Nos. NN-26038-00, NN-26039-00, NN-26040-00)
| SCHEDULING ORDER |
Appeal by Commissioner of Administration for Children's Services of the City of New York from an order of the Family Court, Kings County, dated April 1, 2004. The appellant's brief was filed in the office of the Clerk of this court on September 9, 2004. The law guardian's brief was served and filed on December 3, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the respondent's time to serve and file a brief on the appeal is enlarged until January 7, 2005.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18850
M/nal
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM A. MASTRO, JJ.
|
2004-00774
In the Matter of Jessica S. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Patrice S. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Nadine G. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-3474-00, N-3475-00, N-3476-00)
| SCHEDULING ORDER |
Appeal by Arthur S. from an order of the Family Court, Richmond County, dated December 16, 2003. The appellant's brief was filed in the office of the Clerk of this court on September 16, 2004, and the respondent's brief was served and filed on November 4, 2004. Pursuant to § 670.4(a)(2) of the rules of this court (see 22 NYCRR 670.4[a][2]), it is
ORDERED that the law guardians' time to serve and file their respective briefs on the appeal is enlarged until December 30, 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
M18994
M/nal
|
2004-03890 In the Matter of Rosario S. (Anonymous), appellant. (Docket No. D-1876/03)
| SCHEDULING ORDER |
Appeal by Rosario S. from an order of the Family Court, Queens County, dated April 20, 2004. The appellant's brief was served and filed in the office of the Clerk of this court on November 8, 2004. Pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), it is
ORDERED that within 30 days of the date of this order, the respondent's brief shall be served and filed.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19028
Y/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-01567 In the Matter of Dean Schaffer, et al., petitioners-respondents, v Zoning Board of Appeals of the Town/Village of Harrison, etc., respondent; Harry Weiss, intervenor- appellant. (Index No. 14182/03)
| DECISION & ORDER ON MOTION |
Motion by the petitioners-respondents on an appeal from an order of the Supreme Court, Westchester County, entered January 26, 2004, for leave to enlarge the record on appeal to include documents relating to the completion of the subject swimming pool and to dismiss the appeal on the ground that it has been rendered academic, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the record on appeal is granted, and on or before January 4, 2005, the petitioners-respondents shall serve and file a supplemental record containing documents relating to the completion of the subject swimming pool; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that it has been rendered academic is denied without prejudice to raise the issue in the petitioners-respondents' brief on appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the petitioners-respondents' time to serve and file a brief is enlarged until January 4, 2005, and their brief must be served and filed on or before that date.
FLORIO, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19024
M/nal
|
2004-10431 In the Matter of Eric Sprauer, respondent, v Maryann Borelli, appellant. (Docket Nos. V-973-98, V-974-98)
| SCHEDULING ORDER |
Appeal by Maryann Borelli from an order of the Family Court, Westchester County, dated August 5, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceeding shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or
(4) if the appellant is indigent and cannot afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101. Such a motion must be supported by an affidavit from the appellant, stating either that he or she qualified for assigned counsel upon application to the Family Court and that his or her financial status has not changed since that time, or that he or she had retained counsel or appeared pro se in the Family Court, and listing his or her assets and income; or
(5) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), (4), or (5) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.
Appellate Division: Second Judicial Department
M19003
M/nal
|
2004-10399 In the Matter of Antonio Vega, respondent, v Rosaicela Mora Diaz, appellant. (Proceeding No. 1) In the Matter of Rosaicela Mora Diaz, appellant, v Antonio Vega, respondent. (Proceeding No. 2) (Docket Nos. V-433-03, V-434-03)
| SCHEDULING ORDER |
Appeal by Rosaicela Mora Diaz from an order of the Family Court, Rockland County, dated October 28, 2004. Pursuant to § 670.4(a) of the Rules of this court (22 NYCRR 670.4[a]), it is
ORDERED that the appeal in the above-entitled proceedings shall be perfected within 60 days after the receipt by the appellant of the transcripts of the minutes of the proceedings in the Family Court, and the appellant shall notify this court by letter of the date the transcripts are received, or, in cases where there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,
ORDERED that within 30 days after the date of this scheduling order, the appellant shall file in the office of the Clerk of this court one of the following:
(1) an affidavit or affirmation stating that there are no minutes in the Family Court proceeding to be transcribed for the appeal; or
(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or
(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered, the date thereof and the date by which the transcript is expected; or
(4) an affidavit or an affirmation withdrawing the appeal; and it is further,
ORDERED that if none of the above actions described in (1), (2), (3), or (4) above, has been taken within 30 days of the date of this scheduling order, the Clerk of the court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.
ENTER:
James Edward Pelzer
Clerk of the Court
The Case Manager assigned to this case is Mr. Rose. Please contact him at 718-722-6487 with any questions.
Appellate Division: Second Judicial Department
M18888
K/nl
A. GAIL PRUDENTI, P.J.
2004-08556
The People, etc., respondent, v Moshe Canty, appellant. (Ind. No. 11389/98)
| DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON MOTION |
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 September 16, 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 granted; the defendant is granted leave to appeal from the order of the Supreme Court, Kings County, dated September 16, 2004, made in this case; and it is further,
CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Division, Second Department; and it is further,
ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order.
A. GAIL PRUDENTI
Presiding Justice
Appellate Division: Second Judicial Department
M18983
C/sl
ANITA R. FLORIO, J.P.
THOMAS A. ADAMS
BARRY A. COZIER
WILLIAM F. MASTRO, JJ.
|
2002-00683 The People, etc., respondent, v Jack Coker, a/k/a James Coker, appellant. (Ind. No. 01-00240)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to file a reply brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered December 5, 2001.
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 time to file a reply brief is enlarged until December 15, 2004.
FLORIO, J.P., ADAMS, COZIER and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M18998
PL/sl
|
2002-09669
The People, etc., respondent, v Miguel Colon, appellant. (Ind. No. 7836/00)
| ORDER ON APPLICATION |
Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, rendered October 1, 2002.
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until December 6, 2004, and the respondent's brief must be served and filed on or before that date.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19044
A/sl
DAVID S. RITTER, J.P.
SONDRA MILLER
GLORIA GOLDSTEIN
STEVEN W. FISHER, JJ.
|
2003-00939 The People, etc., respondent, v Richard Lanham, appellant. (Ind. No. 66581)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a decision of the County Court, Nassau County, dated January 2, 2003. By order to show cause dated October 8, 2004, the appellant and his attorney 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 action as abandoned.
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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]).
RITTER, J.P., S. MILLER, GOLDSTEIN, and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellate Division: Second Judicial Department
M19050
S/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
STEPHEN G. CRANE
BARRY A. COZIER, JJ.
|
2002-05719, 2002-05743, 2004-10512
The People, etc., respondent, v Richard Montalvo, appellant. (Ind. Nos. 97-01267, 99-1250, 00-00014)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
On the court's own motion, it is
ORDERED that its decision and order on motion dated June 20, 2003, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Renewed motion by the appellant pro se for leave to prosecute appeals from three judgments of the Supreme Court, Westchester County, all rendered May 22, 2002, as a poor person, and for the assignment of counsel.
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 appeals 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; and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge (see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
John Savoca, Esq.
One Barker Avenue - Suite 135
White Plains, New York 10601
and it is further,
ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.
H. MILLER, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
02 R 2941
Watertown Corr. Fac.
Box 168
Watertown, New York 13601